UPDATE: On the morning of January 3, 2012, the Labor Commissioner changed the FAQs on this notice requirement to clarify that the notice does not need to be given to current employees except under certain circumstances. The Labor Commissioner did so by simply deleting the following sentence formerly in the answer to FAQ 2: “The notice should be given to all current employees and then to all new employees at the time of hire.”

By Christopher Cobey

The California Labor Commissioner posted its template wage notice form required by Labor Code section 2810.5 of the California Wage Theft Protection Act (WTPA), and accompanying FAQs. Beginning January 1, 2012, the form must be provided to certain newly hired employees, and at least certain current employees whose specified employment information changes on or after January 1. The Labor Commissioner’s FAQ 2 takes the position that the notice must be provided to "all current [covered] employees," although section 2810.5’s language does not explicitly require such notice.

The form requires more information than is specified in section 2810.5. The new law authorizes the Labor Commissioner to include “any other information the Labor Commissioner deems material and necessary,” so employers should complete all information included on the form.

Among the open questions about the form and its use are:

• Whether its reference to business or entities that “administer wages or benefits” applies to third-party administrators of benefits;
• The meaning of terms in the form such as “worksite employer,” “recruiting service,” and “payroll processing service;”
• What would qualify as a "system where the worker can acknowledge the receipt of the notice" in FAQ 9; and
• Whether the form allows employers to designate that an employee is covered by an employment agreement that is both oral and written.

There is no restriction on covered employers developing their own separate, stand-alone section 2810.5 form, and including additional information, as long as the elements of the Labor Commissioner’s template form are included.

Employers who have questions should consult with experienced California employment counsel regarding compliance with the required wage notice and other aspects of the WTPA. For more information concerning the requirements of the WTPA, including a detailed discussion of section 2810.5’s requirements, please see Littler's ASAP, California's New Wage Disclosure Notice and the Wage Theft Prevention Act of 2011.