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.
Ayala v. Terminix International, Inc.
Bankwitz v. Ecolab Inc. - Territory Manager Overtime Lawsuit
Bautista v. Alliance Environmental Group
Berry v. DCOR, LLC
Bognuda v. Great White Dental
Campos v. Ecolab Inc. – California Route Sales Manager (RSM) Lawsuit
Candete v. Cummins Transportation
Cooper v. Ecolab Inc.
Derousseau v. Schlumberger Technology Corporation
Dietz v. Ecolab Inc.
We Don't Give Up
If we don't get a favorable ruling the first time around, we work hard to appeal cases to ensure we do everything we can for your case.
We Exclusively Represent Employees
We fight on behalf of employees only and are not afraid of going up against the largest corporations in the country, if not the world.
We Think Outside of the Box
Our seasoned team of attorneys come up with innovative solutions unheard of in the past in order to advance their cases in court.
Over $100 Million Recovered
In the last decade, Strauss & Strauss APC has recovered over $100 million dollars for employees in California.