WAGE THEFT PREVENTION ACT OF 2011

As of January 1, 2012, private employers must provide to employees at the time of hire a written Notice, in the language normally used to communicate employment information to the employee, stating the rate and basis of pay (hourly, piecerate, salary, etc.) including the overtime rate. The Notice must also state the regular pay day; the correct name, physical address, mailing address, and phone number of the employer; and the name of the employer’s Workers’ Compensation carrier, among other information.
      
Should any of the required information change, the employer must notify the employees in writing within seven days, barring exceptions.
       
The Notice requirement does not apply to an employee covered by a valid collective bargaining agreement that expressly provides for premium wage rates for all overtime hours worked and a regular hourly rate of pay not less than 30 percent more than the state minimum wage.

AB469 was introduced by Assemblyman Sandre Swanson and is commonly referred to as the Wage Theft Prevention Act of 2011. 
       
AB469 also amends other Labor Code provisions to extend the period during which penalties for violations may be collected by the Labor Commissioner from one year to three, and makes willful violations of certain Labor Code provisions misdemeanors.

Sharon Seidenstein

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