As of New Year’s Day, January 1 2024, California has introduced significant amendments to its Wage Theft Prevention Act (WTPA) Notice requirements, which affect all non-exempt employees newly hired in the state.
This California Labor Code Section 2810.5 update mandates the inclusion of new, crucial information in the WTPA Notice — a shift driven by the ongoing commitment to enhance labor rights and ensure the well-being of workers in California. Here’s what employers and employees need to know about these changes to the California wage theft notice.
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What is a Wage Theft Notice?
A Wage Theft Notice is a formal written notice to employees that employers are required to provide, typically at the time of hire or first day of employment, to inform them of their rights under labor laws and specifics about their employment.
This requirement is part of efforts to prevent wage theft, which includes non-payment or underpayment of wages, failure to pay overtime, not giving employees their legally entitled breaks, and other violations of labor standards.
The content of a California Wage Theft Notice can vary by jurisdiction but generally includes information such as:
- The employee’s rate(s) of pay: This includes the regular hourly rate, overtime rates, and any other rates for different types of work or conditions.
- The basis of wage payment: Whether the employee is paid by the hour, salary, piece rate, or another method.
- The designated payday: Information about when employees can expect to receive payment.
- The employer’s legal name and any DBA (doing business as): Official identification of the employer.
- Physical address of the employer’s main office or principal place of business and a mailing address, if different.
- The employer’s telephone number: For employee queries or concerns.
- Information about workers’ compensation insurance: How an employee is covered in case of a workplace injury.
- Paid sick leave entitlements: Details on how much sick leave an employee is entitled to and the rate at which it is accrued.
Wage Theft Law in California: Introduction to the Updated Notice Requirements 2024
The California Department of Industrial Relations (DIR) has released a new form of the Wage Theft Prevention Act Notice that employers are required to provide notice and distribute to all non-exempt new hires.
This updated California wage theft notice includes essential information concerning the entitlements of employees, particularly focusing on paid sick leave adjustments and the implications of emergency or disaster declarations affecting the workplace.
Wage and Hour: Expanded Paid Sick Leave Entitlements
The adjustments to paid sick leave entitlements are a standout feature of the 2024 updates. Here’s what has changed:
- Previously: Employees were entitled to three days (24 hours) of paid sick leave.
- Now: The entitlement has been increased to five days (40 hours) of paid sick leave.
This expansion to the sick leave law aims to provide employees with adequate time to address their health needs without the worry of losing income. Paid sick leave law covers full-time, part-time, and temporary workers who have worked for the same employer for at least 30 days within a year in California.
Emergency or Disaster Declarations
A new requirement has been introduced to ensure employees are aware of potential risks associated with their workplace location:
- Employers must now inform employees about any state emergency or disaster declarations affecting their workplace.
- These declarations can include, but are not limited to, disease outbreaks, earthquakes, fires, floods, and chemical spills.
- The Notice must cover any declaration issued within the 30 days before the employee’s first day.
Ongoing Notice Requirements
Despite the introduction of new elements to the wage theft law in California, the foundational aspects of the WTPA notice requirements remain unchanged:
- Timing: The Notice must be given to non-exempt employees at the time of hiring and within seven days of any relevant changes.
- Scope: These requirements apply to all employers, regardless of size.
- Language: The Notice must be provided in the language used by the employer for other employment-related communications.
Compliance Strategies for Employers
To align with the updated WTPA Notice requirements, employers should consider the following actions:
- Review and adopt the new Notice form published by the DIR for all new hires.
- Stay informed about any relevant emergency or disaster declarations and update the Notice accordingly.
- Regularly check the DIR’s website for additional guidance and translations of the Notice form.
Employer Not Complying With California Law and New Wage Theft Protection Guidelines?
Talk to RTM Law Firm for a Free Consultation.
The updates to the Wage Theft Prevention Act Notice requirements in 2024 are a testament to California’s dedication to safeguarding the rights and welfare of workers across the state. By ensuring employees are well-informed about their legal entitlements and potential workplace hazards, these changes play a crucial role in fostering a safer and more equitable working environment.
If you suspect that your employer is not complying with California wage theft or other labor laws, know that you have rights and there are resources available to help you. Consider seeking legal advice to understand your options and take appropriate action.
RTM Law Firm‘s employment attorneys are committed to advocating for the California workforce, providing guidance and support to those facing unfair labor practices. Your well-being and legal protection are our top priorities, and we are ready to help you address and resolve any employment-related issues you may face.
Call our employment lawyers in California for a free consultation.
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