Current through the 2023 Legislative Session.
Section 2810.5 - Information provided employee at time of hiring(a)(1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:(A) 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.(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.(C) The regular payday designated by the employer in accordance with the requirements of this code.(D) The name of the employer, including any "doing business as" names used by the employer.(E) The physical address of the employer's main office or principal place of business, and a mailing address, if different.(F) The telephone number of the employer.(G) The name, address, and telephone number of the employer's workers' compensation insurance carrier.(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.(I) Any other information the Labor Commissioner deems material and necessary.(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) must also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.(b) An employer shall notify his or her 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:(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.(2) Notice of all changes is provided in another writing required by law within seven days of the changes.(c) For purposes of this section, "employee" does not include any of the following: (1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.Amended by Stats 2014 ch 317 (AB 1522),s 4, eff. 1/1/2015.Amended by Stats 2012 ch 844 (AB 1744),s 3, eff. 1/1/2013.Added by Stats 2011 ch 655 (AB 469),s 12, eff. 1/1/2012.