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Employers – Don’t Forget to Update Wage Theft Protection Notice
As of January 1, 2024, California’s Wage Theft Protection Act (WTPA) notice was amended to address increases to California’s paid sick leave requirement and the uptick in natural disasters. A model notice can be downloaded here.
Despite the WTPA notice being required for over a decade, many employers overlook it. Employers must comply with the WTPA’s notice requirement to avoid wage and hour claims that can be costly and difficult to defend.
What is the Notice Requirement?
California’s WTPA requires employers to provide a written notice to all non-exempt employees regarding wages, sick leave, and workers’ compensation when they are hired, and every time there is a change to the information in the notice, within 7 days of the change. For instance, an updated notice must be given to the employee if there's a wage increase or a change in sick leave policy.
Employers must provide an updated WTPA notice unless the change is reflected on a different legally required written notice provided to the employee within 7 days of the change, or if the change is reflected on the employee’s next wage statement. Importantly, the notice must be provided in the language the employer uses to relay employment-related information to the employee.
How Has the Notice Changed?
Assembly Bill 636 made two key changes to the WTPA notice requirement.
First, employers must ensure the written notice provided to new hires or current employees reflects the increase to California’s paid sick leave requirement, which is now a minimum of 40 hours or 5 days per year. (On that note, employers should also review their current sick leave policies to ensure they comply with California’s recent changes.)
Second, if a federal or state emergency or disaster declaration is issued within 30 days before a new hire’s start date that could impact their health or safety at work, such information must be provided to the employee. Employers must now monitor for state or federal emergency or disaster declarations and provide information to new hire employees on the possible impact to them.
Exemptions from Notice Requirement
The WTPA notice requirement does not apply to overtime exempt employees, nor to employees covered by valid collective bargaining agreements (“CBA”).
Providing Notice
While it may seem like a chore to ensure notices are provided to all employees at the time of hire and whenever there is a change, complying with the requirement is quite simple. As noted above, California provides a model form containing all required information. This form is available in multiple languages and is applicable to both new hires and existing employees. Employers are encouraged to utilize this resource.
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