In the absence of a statutory definition for “hiring,” its ordinary meaning is “to get the services of a person or use of a thing in return for payment; employ or engage.” (Webster’s New World Collegiate Dictionary, 4th Ed, 2001, p. 675). 18. 25. A single fixed pay rate does not constitute a variable rate of pay simply because it results in potentially different amounts of total wages earned over different pay periods (e.g., in pay period #1, employee earns $400 based on 40 hours @ $10.00/hour and in pay period #2, earns $300 for 30 hours @ $10.00/hour – the rate of pay over both periods is a single rate of $10.00/hour regardless of whether total wages varied over the two pay periods). Additional questions and responses added 1/23/12: 16. § When identifying the hiring employer what is the difference between the “legal name” and other names “doing business as”? 9. 1. Description. Employees must receive the Wage Notice at the time of hire, so be sure to include the wage notice as part of your new hire paperwork. Employers are obligated to be in compliance with local ordinances that govern minimum wage and sick leave in their cities and counties. In California, most employers must pay employees their regular wages, with some exceptions, at least twice during each calendar month on the days designated in advance as regular paydays. California Labor Code Section 226 (e) provides that any employee who suffers injury as a result of a knowing and intentional failure by the employer to comply with its obligation to provide wage statements containing all of the information referenced above is entitled to recover the greater of his actual damages or $50 for the first violation by the employer. The California Wage Theft Prevention Act, which amends the California Labor Code to impose certain wage notice requirements on employers, became effective January 1, 2012. California's Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. What if a worker refuses to sign the notice? Become an Affiliate California Prevailing Wage Rules. The statute states that employers shall provide the written notice “[a]t the time of hiring,” without defining the phrase. Employers are not required to re-issue the Notice to Employee to existing employees with updated wage information as long as new increased rate is show on the employee’s pay stub with the next payment of wages. If you are not already familiar with your paid sick leave obligations in the state of California, contact us at, How to Handle Common COVID Concerns in Your Office, Dealing with School Closures Due to COVID-19, How to Reopen Your Business After Coronavirus, Practical Guidance for Employers Handling the Coronavirus, Employee Classification and Wage Compliance Guide. A: The purpose of the notice is to inform workers of the wage rates that apply to them. Co. (1996) 42 Cal.App.4th 1194, 1200). is for employers who accrue (earn slowly over time) paid sick leave time at the state minimums. The information on this page is general human resources guidance that is believed to be current as of the date of publication. In such cases, it is sufficient that an employer provide the minimal overtime rate based upon a multiplier of 1½ or double times the hourly rate and also indicate that such specified overtime rate is subject to upward adjustment when other specified forms of wages are earned during the applicable pay period (e.g., “Overtime Rate: At least $15.00/hour (1½ times regular rate) & $20.00/hour (double time rate), subject to upward adjustment based upon earned commissions (10% of sales) and bonus (2% of department gross sales)”). Pay periods in California are controlled by both state and federal laws. A: The statute requires that the notice to employee contain “the name of the employer, including other ‘doing business as’ names used by the employer.” (Labor Code 2810.5(a)(1)(D)). If your employee’s regular rate of pay is $20.00 per hour, the overtime rate on the wage notice must be listed as $30.00 per hour. California law requires that, on public works projects, pay to workers must equal: “the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate.” In 2021, California’s minimum wage is $13.00 per hour for employees that work for employers with 25 or fewer employees, and $14.00 per hour for larger employers. Furthermore, a worker’s signature acknowledging receipt of the notice does not constitute a voluntary written agreement between the employer and employee to credit any meals or lodging against the minimum wage. Minnesota has enacted detailed new recordkeeping requirements for employers, effective July 1, 2019, and wage theft protections for employees, effective August 1, 2019. Currently, an employer with 25 or fewer employees must pay employees $13.00 per hour and an employer with 26 or more employees must pay employees $14.00 per hour. For an employer who is, in fact, a staffing agency (which for purposes of the notice includes a temp service, leasing company, or PEO), it must provide the 2810.5 notice to its employee and indicate that it is providing such notice in that capacity by checking the box for “staffing agency.”  As there is an employment relationship between the staffing agency and employee (even where the work is performed at and for another business), checking this box informs the employee of the capacity or role of the identified employer with respect to the employee. Many businesses use a “DBA” (doing business as) name that is different from the legal business name. Effective January 1, 2016, the minimum wage requirement in the state of California is $10, which means employers are required to pay employees a minimum $10 for every hour worked, compared to the federal minimum wage requirement of $7.25. Signed documents should remain in the employee’s personal document center for at least three years from their start date. Permits, Registrations, Certifications, & Licenses, Worker Safety & Health in Wildfire Regions, Electronic Adjudication Management System, Commission on Health and Safety and Workers' Compensation (CHSWC), Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated. As part of the Wage Theft Prevention Act, California employers are required to provide all household employees with a written notice at the time of hire. The template includes all required information, including that which the Labor Commissioner deems material and necessary for purposes of the notice. The state of California has announced a mandatory minimum wage update that affects labor law posting requirements for all businesses (with very few exceptions). This ordinary meaning for “pay” thus consists of the concept of a payment of money for work or services performed which is fundamentally consistent with the definition wages. California Minimum Wage Law Update. Subject to the foregoing exceptions, as of January 1, 2012, employers are required to provide the written notice to each employee “[a]t the time of hiring.”  The notice requirement was intended to apprise employees of basic information material to their employment relationship, and to ensure employees are given up-to-date employment information through notice of any changes to that information; as such, it would be a best practice for employers not only to provide the notice to new hires, but also to current employees. As of mid-2017, four states and two cities have posted wage notification templates, while 17 states require employers to notify new hires of their wage information: States with wage notification templates: California, New York, South Carolina, Washington, D.C. Cities with wage notification templates: Twice in December 2020, a federal court order in California and a preliminary injunction in New Jersey stalled abrupt rule changes that would have dramatically altered the H-1B program […] 14. Employers must give notification within one week of providing employees with an annual wage summary (IRS Form W-2 or 1099). expressed in measurement such as linear feet/yards, roofing squares, etc.) When providing information regarding the regular pay day, can an employer simply state “bimonthly, bi-weekly,” etc., rather than a specific date? or other informal names it uses which may be similar or very different from the legal name. Employers also need to make sure they comply with wage-notice requirements. As this pertains to a notice required by statute, identification of the other entity for whom the employee performs work does not itself establish liability among the respective businesses (staffing agency and client business for whom work is performed) but simply identifies the other entity for whom work is performed by the employee for which liability as an employer for wage payment and/or workers’ compensation coverage can be determined, if necessary, with respect to the rights of the employee who performs services. Do I have to give a new notice every time a wage rate changes? 4. No. As part of the state budget, lawmakers amended the Wage Theft Prevention Act (WTPA) to impose new requirements regarding the wage notices and paystubs that these employers must provide to their … (Question and Response updated 3/11/16), 20. 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