The Wage Theft Prevention Act of 2011, signed into law by Governor Brown adds Section 2810.5 to the California Labor Code. Existing law requires an employer to post the minimum wage labor law poster which specifies wage and hour information in a location where it can be viewed by employees. Now, in addition to existing law employers will also be required to provide each employee with written notice at the time of hiring which specifies the rate and basis of compensation, whether hourly or salary, commission, or otherwise. Additionally, employers must notify each employee in writing of any changes to this information within 7 calendar days of the changes. Under the law, an employer who pays or causes an employee to be paid wages less than the minimum wage is subject to penalties.
The Labor Commissioner is currently preparing employer guidance materials to include a required notice template and possibly a list of frequently asked questions to assist employers in complying with the Act.
We will have all of the information on our website for your easy reference as it becomes available.
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Can you furnish me with what can be done if a field contractor is paying his employees with fake checks. By that, I mean that he is paying his employees with checks, not having any funds available.
The merchants are the one’s who are loosing their money. We have such person that has been doing that in the Central Valley, and I believe that he must be stopped, becaiuse he is hurting not only the merchants but also his employees. So tell me, what should be done?
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There are several options you might consider.
1. Locate the Division of Labor Standards Enforcement (DLSE) office closest to the city/location/community where you performed work. For an alphabetical listing visit http://www.dir.ca.gov/dlse/DistrictOffices.htm. For quick reference the Sacramento location’s contact number is (916) 263-1811.
2. Email the DLSE at [email protected].
3. An employee or former employee may file an INDIVDUAL wage claim to recover unpaid wages, including commissions and bonuses, wages paid by checks issued with insufficient funds, etc. An Individual wage claim for in English, Spanish, Chinese, Korean, Vietnamese and Tagalog can be downloaded at http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm.
a) Download, complete and print the initial claim form. Be sure to provide all information on the claim form to avoid delay in the claim process.
b) Claim forms can be files by mail or in person with the Division of Labor Standards Enforcement (DLSE) office that handles wage claims for the city/location/community where you performed the work (see the list in #1). The claim form CANNOT be filed electronically or by fax.
4. A Policies and Procedures for Wage Claim Processing pamphlet can also be accessed at http://www.dir.ca.gov/dlse/Policies.htm.
Thank you for your question.