New Laws and Regulations to Take Effect
January 1, 2012 - UPDATE
| |Effective January 1, 2012, employers in California must comply with Labor Code Section 2810.5. This law requires employers to provide new hires with a written notice of the following information:
- The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.
- Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
- The regular payday designated by the employer in accordance with the requirements of this code.
- The name of the employer, including any "doing business as" names used by the employer.
- The physical address of the employer's main office or principal place of business, and a mailing address, if different.
- The telephone number of the business.
- The name, address, and telephone number of the employer's workers' compensation insurance carrier.
- Any other information the Labor Commissioner deems material and necessary.
In addition, the law requires that if an employer makes any changes to any of the information listed above, the employer must provide notice of the change within seven days either by providing a written amendment, a whole new notice, or via paycheck stub if that information is contained in the paycheck stub.
The law requires the Labor Commissioner to prepare a template and make it available. As of today, it has not been made available on the website. Please check back often at www.dir.ca.gov, once the template is available, please begin using it as of January 1.
The Wage Theft Prevention Act of 2011 was signed by Governor Brown, and will modify current law and create several new provisions in the Labor Code. Employers could face possible fines and jail time for wage payment violations.Employers should familiarize themselves with these new provisions to avoid these penalties.
Click here to see the full text of the Wage Theft Prevention Act of 2011.
California's new Misclassification Law, SB 459 is legislation which imposes dramatic penalties on employers found to have engaged in "willful misclassification" of workers as independent contractors, as well as on non-lawyer advisors who knowingly counsel to engage in such reclassification. Click here to see the full text of SB 459
If any member has a question about any of the new laws taking effect in 2012, please contact our legal counsel Jack Molodanof at firstname.lastname@example.org or at (916) 447-0313.
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