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. The full text of the statute is below:

Labor Code section 2810.5

2810.5.  (a) (1) At the time of hiring, an employer shall provide
each employee a written notice, in the language the employer normally
uses to communicate employment-related information to the employee,
containing the following information:
   (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.
   (2) The Labor Commissioner shall prepare a template that complies
with the requirements of paragraph (1). The template shall be made
available to employers in such manner as determined by the Labor
Commissioner.
   (b) An employer shall notify his or her employees in writing of
any changes to the information set forth in the notice within seven
calendar days after the time of the changes, unless one of the
following applies:
   (1) All changes are reflected on a timely wage statement furnished
in accordance with Section 226.
   (2) Notice of all changes is provided in another writing required
by law within seven days of the changes.
   (c) For purposes of this section, "employee" does not include any
of the following:
   (1) An employee directly employed by the state or any political
subdivision thereof, including any city, county, city and county, or
special district.
   (2) An employee who is exempt from the payment of overtime wages
by statute or the wage orders of the Industrial Welfare Commission.
   (3) An employee who is covered by a valid collective bargaining
agreement if the agreement expressly provides for the wages, hours of
work, and working conditions of the employee, and if the agreement
provides premium wage rates for all overtime hours worked and a
regular hourly rate of pay for those employees of not less than 30
percent more than the state minimum wage.

Official Labor Commissioner Form to comply with Labor Code section 2810.5

Download the official Labor Code sectiton 2810.5 form.

An emmployer need to provide this form to its new hires, but it has to provide them with something in writing that has all of the information required by Labor Code section 2810.5.

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.