Calling All Wage Thieves!

EmpBlog-12.3.2014-Wage Theft-iStock-PAID - RESIZED

(The California Wage Theft Prevention Act Is Meant to Stop Thieving Employers)

We’ve written about the CA Wage Theft Prevention Act before. The Act went into effect in 2012 and added section 2810.5 to the Labor Code. The Act requires that, within seven days of hire, all employers must provide a new employee with a written notice containing specified information at the time of hire, in the language the employer normally uses to communicate employment-related information to that employee.

The information that must be provided to all newly hired employees, as well as to those whose employment terms have changed, includes obvious items like compensation rates of pay and regular paydays as well as less obvious items like the employer’s real business name and current worker’s compensation carrier.

With the recent passing of California’s new Paid Sick Leave law, the Labor Commissioner has issued a new template Notice to Employee that employers should be using. The updated notice is available here.

Remember, these are technical requirements and come with a hefty technical violation price. An employer who violates the Wage Theft Act is subject to a penalty of $100 for each employee aggrieved per pay period if the employer is a first time offender. Subsequent offenders pay double as a penalty for violations.

Hm.  Who’s the thief, again?


This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP.  It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked.  So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again.  This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing.  No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits).  But feel free to contact us with your questions and comments—who knows, we might even answer you.  And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry).  Big news: Copyright 2014.  All rights reserved; yep, all of them.

If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it.  If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department, at (310) 281-6348.