New Year, New Form for Non-Exempt Employees:

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We hope that your new year is off to a wonderful start! If one of your resolutions is to make sure your employment forms are up to date, our first Laboring Oar newsletter of 2024 will help you achieve that goal. (If only all our resolutions were so easy.)

As we shared in our webinar last fall, California’s paid sick leave law was amended effective January 1, 2024, expanding the amount of sick leave that employers have to provide under state law. The California Labor Commissioner’s Office recently issued this memorandum that summarizes the changes in the state law. (As noted in the memorandum, employers must also remember to comply with any local paid sick leave ordinances, such as those enacted by Santa Monica and Los Angeles, that may apply to their employees).

Since 2012, Labor Code section 2810.5 has required that employers provide a notice to non-exempt employees with information about their pay, including but not limited to their right to paid sick leave. The state further published a form Notice to Employee—Labor Code section 2810.5 (“Notice”) that employers can complete and provide to their non-exempt employees to satisfy their notification requirements under this statute.

Because the Notice specifically references the amount of paid sick leave to be provided under state law, California recently published a revised Notice to reflect California’s expanded paid sick leave requirements that went into effect on January 1st. (The section regarding Paid Sick Leave is on the second page of the form). Employers should be sure to use and provide this updated Notice for non-exempt employees hired after January 1, 2024.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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