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California has enacted legislation (Assembly Bill 636) that amends the notice requirements under the state’s Wage Theft Prevention Act, beginning January 1, 2024.
At the time of hiring, an employer must provide to each employee a written notice in the language the employer normally uses to communicate employment-related information to the employee. In addition to the previously existing requirements, an employer must now include 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.
In addition, Beginning March 15, 2024, if an employee is admitted under the federal H-2A agricultural visa program, the employer must include additional information in a separate and distinct section of the notice, in Spanish, and, if requested by the employee, in English, describing an agricultural employee’s additional rights and protection under California law. Employers that employ both H-2A and non-H-2A employees have the option of providing the notice to non-H-2A employees in English or Spanish, at the employee’s request, or in the language that the employer normally uses to communicate employment-related information to non-H-2A employees.
The Labor Commissioner has created an updated template for this purpose. The template can be located on the Department of Industrial Relations website.
This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.
