New law: DLSE publishes template for mandatory employee notices required in 2012

Gov. Brown signed into law AB 469 (Swanson-D) known as the Wage Theft Protection Act of 2011. The provisions of the act became effective Jan. 1. Labor Code section 2810.5 was added by the bill, which requires that all employers must provide each employee at the time of hire with a written notice that contains specified information and must be provided in the language the employer normally uses to communicate employment-related information to the employee. The section requires that the labor commissioner make available a template that complies with the requirements of the notice.

The DLSE template is available here.

While the DLSE has provided a template as a ready tool, the law does not require the usage of the DLSE template. Employers can develop their own notices so long as they contain all the information required by the law, including all the information requested on DLSE’s template.  The template includes all required information, including that which the commissioner deems material and necessary for purposes of the notice.  Employers should keep a record of the notices provided to their employees.

Employers are required to provide the notice at the time of hire in the language the employer normally uses to communicate employment-related information.

The notice contains an acknowledgment of receipt for the employee to sign. According to the commissioner, the notice can be given electronically, but the employer must maintain a system where the worker can acknowledge the receipt of the notice and print out a copy of the notice.

If an employer changes any of the information required on the notice after they hire somone, the employer must notify employees of any changes in writing within seven calendar days after the time a change was made, unless:

  • all changes are reflected on a timely wage statement compliant with California Labor Code section 226.

  • notice is provided in another writing required by law within seven days of the change.

The CRA is working with the DLSE to explore ways to improve their provided template. The commissioner is expected to provide a set of guidelines and additional or revised FAQs.