CALIFORNIA LABOR CODE–New Wage Payment/Information Violations of the Labor Code

The California Legislature also made additional changes to the Labor Code, signed into law by Governor Brown.

– As of January 1, 2012 an employer must, at the time of hire, provide every employee with a written notice of 1) the rate(s) of pay and the basis for pay (hourly, salary, piece rate, commission, etc.); 2) allowances, if any taken as part of the minimum wage (e.g., meal or lodging allowances); 3) the regular payday; 4) the name of the employer (including any “dba”); 5) the physical address of the employer’s main office or principal place of business and mailing address, if different; 6) the employer’s telephone number; 7) the name, address and telephone number of the employer’s workers’ compensation insurance carrier; and 8) any other information the Labor Commissioner deems material and necessary. The Labor Commissioner is to prepare a template to be made available to employers.

– An employer who pays less than the minimum wage shall be subject to paying restitution wages to the employee.

– Willful violation of certain wage statutes or orders or willful failure to pay a final court judgment or a final order of the Labor Commissioner for wages due will be a misdemeanor.

– The period during which the Labor Commissioner can commence a collection action has been extended from one year to three years.

What this means for you

All employers must be prepared to provide written notices with the wage and other required information to new employees as of January 1, 2012. We will let you know when the Labor Commissioner template is available.