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California employers have long been obligated to furnish a Wage Theft Prevention Notice (“Notice”) to nonexempt employees under the Wage Theft Prevention Act (WTPA). Effective January 1, 2024 employers are required to issue a new Notice. The new law requires two critical changes to the Notice.
First, the new law mandates employers use an updated notice that includes information regarding the existence of federal or state emergency or disaster declarations that meet the following criteria: (1) the employee is employed in a county or counties where the emergency of disaster declaration is in effect; (2) the declaration has been issued within 30 days before the employee's first day of employment, and (3) the declaration may affect the employee's health and safety during their employment.
The inclusion of emergency or disaster declaration information poses logistical challenges for employers. The obligation to stay abreast of federal, state, and county websites to identify relevant declarations within the past 30 days requires a systematic approach. Employers must tailor the information provided in the Notice to the specific situation and work location, further emphasizing the need for meticulous record-keeping and timely updates. While the text of the new law does not explicitly define the scope of emergency or disaster declarations, early discussions suggest a focus on events such as disease outbreaks (e.g., COVID-19) and natural or physical disasters (e.g., wildfires, earthquakes, etc.).
Second, in addition to the emergency-related updates, employers must provide employees with new notices to make note of changes to the Paid Sick Leave section within the Notice. As of 2024, California's amended state law now allows employees to accrue up to 40 hours or 5 days of sick leave per year, necessitating an adjustment in this part of the notice.
The Division of Labor Standards Enforcement (DLSE) has provided an updated template for use on its website here. Employers must begin using this Notice effective January 1, 2024.
As a further reminder, the Notice laws require follow-through. The requirement at the WTPA’s enactment to update the notice within seven days of any alterations remains unaltered. Employers are encouraged to take swift action to ensure compliance and navigate these changes seamlessly.
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