Wage Theft Protection Act 2011: Notice to Employees
A new law, called the Wage and Theft Protection Act (AB469) has been effective since January 1, 2012 it requires ALL EMPLOYERS provide each employee with a written notice containing specified information at the time of hire. The notice must be in the language the employer normally uses to communicate employment-related information to the employee.
All private sector employers are required to provide their newly hired employees this required Notice to Employees unless there is a specified exception. The notice is NOT REQUIRED if employee is:
- Directly employed by the state or any political subdivision, including any city, county, city and county, or special district
- Exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission
- Covered by a valid collective bargaining agreement if it meets specified conditions
It is important to note that charter schools, private schools, and not-for-profit corporations are covered, as they are not public entities. Subject to the foregoing exceptions, as of January 1, 2012, employers are required to provide the written notice to each employee “[a]t the time of hiring.”
The notice requirement was intended to apprise employees of basic information material to their employment relationship, and to ensure employees are given up-to-date employment information through notice of any changes to that information; as such, it would be a best practice for employers not only to provide the notice to new hires, but also to current employees.
The Wage and Theft Protection Act Notice to Employees is available in various other languages to download visit the CA Department of Industrial Relations Website.
This Notice to Employees was updated with Paid Sick Leave in November 2104 (english) and September 2014 (spanish).
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