New Hire Paperwork Required by California Law

As of January 1, 2012, California Labor Code section 2810.5 now requires all California employers to provide the following information to nonexempt new hires:

(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) Any other information the Labor Commissioner deems material and necessary.

Payroll Information that Must be Provided to Existing Employees

Labor Code section 2810.5 also requires California employers to notify employees of any changes to the information that must be disclosed at hiring (parts (A) through (H) above). The employer must notify the employee of any change to that information within seven days. There are some exceptions, however.

What if I Do Not Receive the New Hire Information?

Although Labor Code section 2810.5 does not have a penalty provision, if you find yourself in a situation where your employer does not give you the required new hire paperwork set forth above, you can likely bring an action under the Private Attorneys General Act (“PAGA”) to recover a civil penalty for each violation over the past year.

Contact Strauss & Strauss, APC for more information.