New Mandatory Employee Notification Requirements
California employers currently must post specified wage and hour information in a conspicuous location for employees to see it. Under new Assembly Bill 469, employers must now provide newly hired non-exempt employees with certain documentation, at hiring, that states: the rate and basis of employee pay (including overtime rates); whether pay is hourly, by shift, salary, commission or otherwise; whether allowances are claimed as part of minimum wage; the designated payday; the employer’s name (including DBA’s); employer’s physical address and mailing address if different; contact information for the employer’s worker’s compensation carrier. The employer must notify each employee in writing of any changes to the information in the notice within seven calendar days of the changes unless the changes are set forth in another writing within the same time period (for instance in written wage statements).
The bill also imposes more stringent penalties for noncompliance and requirements on employers, including restitution, misdemeanor-level criminal penalties; recovery for attorneys’ fees and costs incurred to enforce a judgment for unpaid wages. Finally, the new law also amends Labor Code section 226 to require that employers retain a copy of the itemized wage statement and a record of deductions for three years.
The Labor Commissioner is required to prepare a sample template that complies with the notice requirements, which will be posted here when complete. Employers can now access the template notice for compliance with the new law online.