The California Labor Commissioner recently revised (for the second time) the mandatory new hire notice that must be provided to non-exempt employees in California, and the FAQ guidance regarding the notice. The changes are significant. Employers must comply with the new requirements for employees hired after April 12, 2012, but are not required to provide additional notices to employees hired between January 1 and April 11, 2012 (assuming the notices provided to those employees were compliant at the time).
The new Section 2810.5 of the Labor Code requires that employers provide a notice to new employees, upon hire, that includes:
- 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.
- Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
- The regular payday designated by the employer.
- The employer’s name, including any “doing business as” names used by the employer.
- The physical address of the employer’s main office or principal place of business, and a mailing address, if different.
- The employer’s phone number.
- The name, address, and phone number of the employer’s workers’ comp insurance carrier.
- Any other information the Labor Commissioner deems material and necessary.
The new law also specifies that the employer must notify all non-exempt employees — by written amendment, a new written notice, or a revised paycheck stub — within 7 calendar days if any of the information changes.
If you haven’t already, be sure to incorporate this notice into your new hire materials. It’s also a good idea to update your Employee Handbook to reflect the new requirement.
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