| Update Applicable to: | Effective date |
| All employers and multi-state businesses with at least 1 worker in California. | January 1, 2024 – Provide employees with Wage Theft Notices. March 1, 2024 – Labor commissioner website should have the notice template for emergency/disaster declaration applicable to county(ies) for employers. March 15, 2024 – employers must notify H-2A agricultural employee of the emergency/disaster declaration to their employe(s). |
What happened?
On October 8, 2023, Governor Newsom signed AB 636, making employers notify any worker under the H-2A agricultural visa program and added notice.
What are the details?
Since 2012, California Labor Code Section 2810.5 has required employers to provide Wage Theft Notices containing specific information to all employees at the time of hire.
AB 636 now requiring employers starting January 1, 2024, to update Notices with additional information on “The existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, and that was issued within 30 days before the employee’s first day of employment, that may affect their health and safety during their employment.”
Also, for employers that have employees under the H-2A agricultural visa program, they must provide an additional notice containing agricultural employee’s rights under California law in Spanish and English (if requested by the employee). See details for additional information here.
Business Considerations
- Consider reviewing and updating the Wage Theft Notices properly, as well as including information related to H-2a visa if applicable.
- Consider the counsel of a labor and immigration attorney on how to address the posters and notices.
Resources
Source References
- Every Who Must Update Their Wage Theft Notice for January (Seyfarth Shaw LLP),
- 2023 California Labor, Employment, and Independent Contractor Legislative Update (Perkins Coie LLP)
- California Amends the Wage Theft Prevention Act to Add Additional Written Notice Requirements for Employees (Ervin Cohen & Jessup LLP)
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