Employers should be aware of two new important workplace notice requirements. The first mandates that employers give individual notices to employees at the time of hire. The second has a fast-approaching deadline; employers have until April 30, 2012, to post a new notice of rights.
Wage Theft Prevention Act
A recent amendment to California’s Labor Code requires most private employers to provide a written notice to each non-exempt employee at the time of hiring. The notice must specify the regular and overtime rates of pay and whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or otherwise. In addition, the notice must include the following information:
any credits the employer is claiming against the minimum wage, such as credits for meals or lodging;
- the regular payday;
- the employer’s legal name and any other names used by the employer;
- the physical and mailing addresses of the employer’s main office or principal place of business;
- the employer’s telephone number; and
- the name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
A form for employers to use is available to download at
By April 30, 2012, most private employers must post a notice of rights under the National Labor Relations Act (NLRA).
The notice will inform employees that they have the right to do, or not do, the following under the NLRA:
- organize, join, or assist a labor union;
- bargain collectively (with co-workers) for a contract with an employer to set wages, benefits, hours, and other working conditions;
- discuss terms and conditions of employment or union organizing with co-workers or a union;
- raise complaints to improve working conditions; and
- strike and picket.
The posting requirement is the subject of recent litigation. On March 2, 2012, a federal judge concluded that the posting requirement is lawful. An appeal has been filed. While the courts are sorting out the legality of the requirement, all covered employers should be prepared to post the notice by the end of April. The poster is available at www.nlrb.gov/poster.
If you have any questions about how to comply with the new hire notice or NLRA posting requirements, please contact Sara Boyns, Chris Panetta, Sharilyn Payne, or Katie Hogan at 373-1241.
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