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New state wage theft act requires pay notices

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in Compensation and Benefits,Employment Law,Human Resources

California’s Wage Theft Prevention Act (AB 469), which went into effect Jan. 1, criminalizes willful violations for nonpayment of wages and sets civil penalties for failure to pay minimum wages.

It also requires employers to provide employees with wage notices that specify:

  • Their rate of pay
  • Designated payday
  • The employer’s intent to claim allowances (meal or lodging allowances) as part of the minimum wage
  • The basis of wage payment (whether paying by hour, shift, day, week, piece, etc.), including any applicable rates for overtime.

Employers must provide the notice at the time of hiring and within seven days of a change if the change is not listed on the employee’s pay stub for the following pay period.

The notice must be provided in the language the employer normally uses to communicate employment-related information to the employee.

To help implement the law, the Department of Labor has updated its frequently asked questions page. Find it at www.dir.ca.gov/dlse/FAQs-NoticeToEmployee.html.

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