January 5, 2012

 
 

New Wage and Employment Notice Required

As of January 1, 2012, employers must provide nonexempt employees with specific wage information at the time of hire. The Wage Theft Protection Act of 2011 amends the Labor Code to add section 2810.5, which requires employers to provide a written notice to nonexempt employees at the time of hire.

The new notice contains specified information, including:

  • Rates of pay, including overtime rates and basis on which wages are calculated
  • The designated regular pay day
  • Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances
  • The name of the employer, including any “doing business as” names used
  • The physical address of the employer’s main office or principal place of business and, if different, a mailing address
  • The employer’s phone number
  • The name address and phone number of the employer’s workers’ compensation carrier
  • Other information the Labor Commissioner deems material and necessary

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NLRA Poster Requirement Delayed

For the second time, the National Labor Relations Board (NLRB) postponed the effective date for posting its employee rights notice. The new date is April 30, 2012.

Most private-sector employers must post a new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” The NLRB has statutory jurisdiction over private sector employers whose activity in interstate commerce exceeds a minimal level.

The poster generally informs employees of their rights to organize a union, bargain collectively through representatives chosen by the employees and to make efforts to improve the terms and conditions of their employment.

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