As we reported in our January 4, 2012 Alert, the California Labor Commissioner recently published a template form to comply with the Wage Theft Prevention Act of 2011 ("WTPA") (AB 469). In connection with the publication of the template, the California Division of Labor Standards Enforcement ("DLSE") posted on its website a "Frequently Asked Questions" section on AB 469. As we noted in our initial Alert, the "FAQ" section stated that employers should provide an initial WTPA notice to all current nonexempt California employees as soon as the new law takes effect. AB 469 itself, by contrast, only requires a WTPA notice to be provided at the time of hire and within 7 calendar days of any change to the relevant information.
It appears the DLSE has since reconsidered this recommendation. Its "FAQ" section has been revised to remove any reference to the purported requirement to provide a WTPA notice to current nonexempt employees.
Accordingly, employers should now feel comfortable providing WTPA notices to employees only under the circumstances specified in the statute (i.e., upon hire and within 7 calendar days of any change).
If you have questions about AB 469 or about this Alert, please contact one of the attorneys listed on this page.