California employers are required to provide non-exempt employees with certain information upon hire as required by the Wage Theft Protection Act. The law became effective in 2012 and is codified at Labor Code section 2810.5. Many employers use the Labor Commissioner’s template (embedded below) to meet their legal requirement, and will pre-populate the items in the form that do not change from employee to employee, lessening the information required to be completed on the form for each employee.
Many employers that have employees working at the minimum wage will pre-populate the wage information section of the form with the minimum wage rates and the applicable overtime rates based on that minimum wage rate. However, with the increase in California’s minimum wage in 2016 state wide and also in many local areas (such as Los Angeles and Santa Monica), employers should review and update the wage information section on the Notice to Employee.
Do employers need to re-issue the Notice To Employee for all employees given the higher minimum wage?
No. Employers are not required to re-issue the Notice to Employee to existing employees with updated wage information as long as new increased rate is show on the employee’s pay stub with the next payment of wages. The DIR publishes a great FAQ on the law here that employers should review.