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California DLSE Issues Revised Wage Theft Law FAQs

American Staffing Association (02/06/12) Stephen Dwyer

California Labor Code section 2810.5(a) requires that certain wage and other information be provided to each employee at the time of hire in the language the employer normally uses to communicate employment-related information. On Jan. 23, the California Division of Labor Standards Enforcement issued revised frequently asked questions (FAQs) regarding the law, which became effective Jan. 1.

The revised FAQs were issued in response to widespread criticism from employers and employer groups that DLSE had not provided adequate guidance for compliance. ASA was among the first to seek clarification regarding the law’s implementation, particularly with respect to the notice to be provided to temporary employees. Accordingly, ASA developed a suggested notice form that reflects the practical realities of the temporary staffing business and addresses the statutory requirement that “employers must notify employees of the rate or rates of pay.” The form was developed in consultation with ASA California employment law counsel Richard Simmons of the law firm Sheppard Mullin in Los Angeles.