Labor Code § 2810.5 LC – Required Written Notice to Employees

California Labor Code Section § 2810.5 LC requires employers to provide any new, non-exempt employees a written notice outlining such essential information as their

• regular rate of pay,
• sick leave laws, and
• workers’ compensation contact information.

The text of the statute reads as follows:

2810.5. (a)(1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:
(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.
(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
(C) The regular payday designated by the employer in accordance with the requirements of this code.
(D) The name of the employer, including any “doing business as” names used by the employer.
(E) The physical address of the employer’s main office or principal place of business, and a mailing address, if different.
(F) The telephone number of the employer.
(G) The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.
(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employee’s first day of employment, that may affect their health and safety during their employment.
(J) Any other information the Labor Commissioner deems material and necessary.
(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.
(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.
(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.

(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:
(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.
(2) Notice of all changes is provided in another writing required by law within seven days of the changes.
(c) For purposes of this section and Section 2810.6, “employee” does not include any of the following:
(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.
(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.
(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.

Legal Analysis

California Labor Code 2810.5 LC requires employers to give their new employees a written notice with the following information:

• their rate of pay,
• the regular payday,
• meal-, lodging-, and other allowances claimed as part of the minimum wage,
• the employer’s name, telephone number, and address,
• the workers’ compensation insurance carrier’s name, telephone number, and address,
• sick leave laws,
• whether there has been a federal or state emergency or disaster declaration in their county within the last 30 days, and
• any other information the Labor Commissioner requires

In addition, employers have seven days to notify employees of any changes to the above information.

Example: Zack hires Penny as a non-exempt employee. On her first day of work, Zack must provide Penny a written notice revealing the above information.

A month into Penny’s employment, Zack decides to give her a raise. As long as Zack includes this raise on her next wage statement, he has complied with LC 2810.5’s notice requirement.

Note that employees of a temporary agricultural program (under the federal H-2A program) must be provided the notice in Spanish.

Also note that Labor Code 2810.5 does not apply to:

• exempt employees,
• public employees, or
• employees covered by a qualifying collective bargaining agreement.¹

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Legal References