New Wage Notice Requirement

On January 1, 2012, Labor Code section 2810.5 became effective to require employers to provide nonexempt employees, at the time of hiring, with a notice that specifies the rate and the basis of the employee's wages and to notify each employee in writing of any changes to the information set forth in the notice within 7 calendar days of the changes unless such changes are reflected on a timely wage statement or another writing.  The Department of Labor Standards Enforcement has created a Form DLSE-NTE for employers to use which satisfies the requirements of Section 2810.5.  The new Notice to Employee form is available here.  It is unclear as to whether this new requirement applies only to new hires or if the notice must also be provided to current employees whose wages change after January 1, 2012.  Employers should consult experienced employment law counsel with any questions concerning this new notice requirement.

Delayed Posting Requirement for Notice of Employee Rights Under the NLRA

In our August Employment Law Update, we discussed a new posting requirement from the National Labor Relations Board (NLRB) which requires employers to post a new notice to employees of their rights under the National Labor Relations Act (NLRA).  The new Employee Rights Under the NLRA poster (“Notice”) was to be posted beginning on November 14, 2011, but this date has been delayed by the NLRA.  The new date for employers to begin posting the Notice is April 30, 2012.  Please see our August Employment Law Update entitled, “New Posting Requirement for Notice of Employee Rights Under the NLRA" for more information on the posting requirement.

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Jennifer Adkins Tomlin is an associate at Mullen & Henzell.  She practices with the Employment & Labor Group and the Civil Litigation Group.  Jennifer can be contacted at jtomlin@mullenlaw.com or (805) 966-1501.

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This publication is for general informational purposes only and it is not intended to be a comprehensive summary of recent developments in the law, nor is it intended to constitute legal advice or to determine your specific responsibilities under the law.  You should consult your own legal counsel for specific legal advice pertaining to your specific situation.