The new Wage Theft Prevention Act went into effect on January 1, 2012 in California. Part of this law requires employers to provide to all new non-exempt employees (with some exceptions) certain information about their employment. The main provisions of the Act deal with new hires starting in 2012. However, the notice requirements are ongoing. In other words, for current/continuing non-exempt employees (hired in 2010, for example), when any of the required information changes (for example, an employee gets a raise), the employer has seven (7) calendar days to notify the employee of the change. So, you will have to provide the required information to current/continuing non-exempt employees when changes of any of the required information are made.
In late-December 2011, the California Department of Labor Standards Enforcement (DLSE) published a sample form that can be used to comply with the new law. The form has been revised a few times, most recently in April 2012. It might be easier for employers to use the DLSE’s Form, however the form includes some ambiguities and raises some questions.
To help employers, the DLSE issued FAQs regarding the new law and the DLSE’s Form. The FAQs themselves have been a source of frustration, and already have been revised a couple times – most recently on April 12, 2012. In this most recent update, the DLSE added several new FAQs and revised its answers to the original FAQs. Below are some of the newest FAQs to help in compliance:
If you are an employer in CA, you must comply with this new law. If you are a non-exempt employee in CA, and were hired to a new job in 2012, you should have received the completed form, or something similar with the required information, on or before your first day of work.