The state of California has enacted legislation (Assembly Bill 636) amending the notice requirements under the Wage Theft Prevention Act, which went into effect on January 1, 2024.
At the time of hiring, an employer must provide each employee with a written notice in the language normally used by the employer to share employment-related information with the employee. Along with the previously existing requirements, employers must include details on the existence of a federal or state emergency or disaster declaration that applies to the county or counties where the employee is to be employed and may affect their health and safety during employment. This requirement applies to notices issued within 30 days prior to the employee’s first day of employment,
Additionally, starting on March 15, 2024, the employer must include additional information in a separate and distinct section of the notice in English and Spanish (if requested) to employees admitted under the federal H-2A agricultural visa program. It must describe the additional protection and rights afforded to agricultural employees under California law. Employers employing both H-2A and non-H-2A employees can provide the notice to non-H-2A employees in English or Spanish, at the request of the employee, or in the language normally used for communicating employment-related information to non-H-2A employees.
The Labor Commissioner has an updated template for this purpose. You can find the template on the Department of Industrial Relations website.
Read more about this legislation.
This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.
