When you hire an employee, the trust is untested, on both sides, and the faith is absolute, on both sides. However, inevitably, the trust and faith sometimes get shaken when an employee accuses you of underpaying, paying incorrectly or some other thing relating to the basic terms of employment. This may be an innocent misunderstanding, or it may not be. Maybe the employee is delusional; maybe the employer is trying to take advantage of a desperate worker. When it comes to the essential terms of employment, however, it ultimately doesn’t matter why you and your employees disagree and the California Legislature (those thoughtful folks in Sacramento that are always ready to lend a helping hand) has established a law that should clear up any confusion.
Labor Code section 2810.5 requires that all employers provide all new hires, at the time of hiring, a written notice that contains the following information:
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The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.
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Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
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The regular payday designated by the employer in accordance with the requirements of this code.
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The name of the employer, including any “doing business as” names used by the employer.
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The physical address of the employer’s main office or principal place of business, and a mailing address, if different.
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The telephone number of the employer.
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The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
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Any other information the Labor Commissioner deems material and necessary.
Thankfully, you don’t have to reinvent the wheel. The California Labor Commissioner has developed a “Notice to Employee” form that is available for free download at www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf. Make sure you provide the notice in the language the employee speaks and understands, as well as in English. Also, provide any changes to that initial hire notice within seven days of them taking place.
Just so the trust and faith continues and there are no misunderstandings.
