CALIFORNIA LABOR CODE–DLSE ISSUES NEW TEMPLATE – WRITTEN NOTICE TO EMPLOYEES

As noted in prior GMK Alerts, as of January 1, 2012 all employers are required to provide newly-hired, non-exempt employees with a written notice that includes certain payroll information and other information about the employer (both the worksite employer and any entity that directly employs the employees) and the employer’s workers’ compensation carrier.

The Department of Labor Standards Enforcement (DLSE) has now provided a new template (as of 4/12/12) in English at:

http://www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html

The template in other languages is forthcoming.

The new template is significantly easier to complete – particularly for staffing agencies and business entities that procure workers through these agencies. As before, a recruiting agency or payroll processing service is not the employer for purposes of this notice. Information regarding the type of entity (corporation, etc.) has been deleted. For most employees there may not be a specific written agreement with regard to wages, with some exceptions, notably employees who earn commissions for which a written agreement is required by January 1, 2013.

The DLSE has specifically stated that an employer need not provide copies of this new notice to employees who have already received a notice which includes the information in the prior template. However, if there have been changes which require another notice, the updated template information must be used.

What this means for you

You should begin using the new template (or a notice that includes all of the information in the new template) when providing the required notice to new employees or when a new notice is required as a result of a change in the information provided.

For further assistance with these issues, please contact GMK employment law attorney Jeanne Flaherty at 818-755-0444 or jflaherty@gmklaw.com.