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California Amends the Wage Theft Prevention Act to Add Additional Notices

19 Dec

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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

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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