California Labor Code section 2810.5
- Communication is a good thing. When someone joins your firm, you may assume you’re on the same page when it comes to basics like salary, payday, location of the main office, and such. Labor Code section 2810.5, however, implies that not all new hires and employers were speaking the same language and requires, at the time of hiring, a written notice containing all those pesky essentials must be spelled out and provided to your new hire. Have you shared the following with your new employee?
- 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.
- Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
- The regular payday designated by the employer in accordance with the requirements of this code.
- The name of the employer, including any “doing business as” names used by the employer.
- The physical address of the employer’s main office or principal place of business, and a mailing address, if different.
- The telephone number of the employer.
- The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
- Any other information the Labor Commissioner deems material and necessary.
If this seems like a bother, you can search online for Labor Code section 2810.5 to find (and download) a form called “DLSE-NTE” (Division of Labor Standards Enforcement-Notice to Employee) that has all this information laid out with handy fill-in-the-blanks and check boxes, making it easy to cover all the requirements. It also provides a place for the new employee to acknowledge receipt of the information.
Finally, keep in mind that the employer, generally, must also provide updated information to employees within seven days should any of the information change.