We have been getting calls to assist clients with the new “Wage Theft Protection Act Notice. To refresh your memories, effective January 1, 2012, California employers will have to comply with newly enacted Labor Code section 2810.5(a). This new law, known as the Wage Theft Protection Act of 2011, requires employers to provide employees with written information at the time of hire concerning wages and related information. California’s Labor Commissioner was tasked with creating a template employers may use to provide the required information. The Labor Commissioner has just published the optional template, which is available at www.dir.ca.gov/DLSE/ under the category “What’s new.” Under that section, look for “Wage Theft Protection Act Notice to employees template.”
In addition, on the form under “Wage Information” there is one line that reads “Employment Agreement” and give you the option of checking off either “Oral” or “Written.” I am not comfortable with anything that is acknowledging that there is an “employment agreement” in place. I can see plaintiff attorney’s jumping on the fact there was an “employment agreement” between the former employee (their new client) and the employer. The template is a suggested version of what you can use. The specific requirements of the new bill,
“Requires an employer to provide each employee, at the time of hire with a notice that specifies the rate and the basis, whether hourly, salary, commission, or otherwise, of the employee’s wages and to notify each employee in writing of any changes to the information set forth in the notice within 7 calendar days of the changes unless such changes are reflected on a timely wage statement or another writing, as specified.”
As you can see, there is nothing that requires you to have that line. You have two choices. Either eliminate it or simply do not check off either box.
The template provided by the DLSE is also available in other languages including Spanish. Remember to make the above change. In the event you do not speak or read Spanish, get someone on your staff to assist you if you intend to eliminate the line.