The California Department of Industrial Relations has released an updated model wage theft notice to reflect changes that take effect Jan. 1, 2024.
The details
Background
At the time of hiring, an employer must provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing certain information about the employer, wages, workers’ compensation, and paid sick leave.
Beginning Jan. 1, 2024, the notice must also include information on the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, and that was issued within 30 days before the employee’s first day of employment, that may affect their health and safety during their employment.
An employer must notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:
- All changes are reflected on a timely wage statement.
- Notice of all changes is provided in another writing required by law within seven days of the changes.
Updated Model Notice
The California Department of Industrial Relations has released an updated model notice that addresses the requirement to include information of an emergency or disaster declaration beginning Jan. 1, 2024. The updated notice also includes changes to the state's paid sick leave law that take effect Jan. 1, 2024. Employers have seven days from the effective date to notify employees of the paid sick leave changes and provide updated wage theft notices to new hires.
Note: The state has updated the English version of the notice. Employers should watch for updated notices in other languages.
Next steps
California employers should prepare to provide the updated wage theft notice to existing employees and new hires in 2024.
Note: Beginning March 15, 2024, if an employee is admitted under the federal H-2A agricultural visa program, the employer must include additional information in a separate and distinct section of the notice, in Spanish, and, if requested by the employee, in English, describing an agricultural employee’s additional rights and protection under California law. Employers that employ both H-2A and non-H-2A employees have the option of providing the notice to non-H-2A employees in English or Spanish, at the employee’s request, or in the language that the employer normally uses to communicate employment-related information to non-H-2A employees.
The Labor Commissioner is required to create a template for the notice that complies with these requirements and post the template on its internet website by March 1, 2024.
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ADP