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 wage theft 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:

LC 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 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 before 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 templates for the required notices that comply with the requirements of paragraphs (1) and (4). The templates shall be made available to employers in a manner as determined by the Labor Commissioner, and as set forth in subdivision (d). Commencing March 1, 2024, the template developed pursuant to paragraph (4) shall be posted on the Labor Commissioner’s internet website.
(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) (A) If an employee is admitted under the federal H-2A agricultural visa program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in Spanish, a separate and distinct section containing nonduplicative information succinctly describing an agricultural employee’s additional rights and protections under California law and regulations, including, but not limited to, information addressing the federal H-2A program wage rate required to be paid during the contract period; overtime wage rates; frequency of pay; pay for piece rate workers; 10-minute rest periods; 30-minute meal periods; transportation travel time compensation when required, including transportation from housing to work sites; employee housing rights; nonretaliation protections for complaints or organizing; contents of itemized wage statements; sexual harassment prohibitions; toilets; requirements regarding availability of potable water and handwashing facilities; requirements relating to hot weather working conditions and the availability of shade; pesticide exposure protections; workplace safety requirements, training and correction of hazards; transportation in defined farm labor vehicles; prohibitions against tool or equipment charges, prohibitions against deductions for meals not taken; training and necessary equipment and lighting for night work; prohibitions against use of short-handled hoes and limits on hand weeding; employee-paid health insurance; right to accrue and take sick leave; workers’ compensation coverage, disability pay, and medical care for injuries; and the right to complain to state or federal agencies and to seek advice from collective bargaining representatives or legal assistance organizations.
(B) (i) Notwithstanding paragraph (1), an employer shall provide the notice required by subparagraph (A) in Spanish to the H-2A employee on the day that the H-2A employee begins work in the state or on the first day that the employee begins work for another H-2A employer. An H-2A employee may request that the employer also provide the notice in English.
(ii) An employer who employs both H-2A and non-H-2A employees at the same time may satisfy the requirements of paragraph (1) with respect to the employer’s non-H-2A employees by opting to provide those employees with the notice required by subparagraph (A) or by providing the notice required by paragraph (1).

(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, “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. This subdivision applies to employees admitted to the federal H-2A program only if the collective bargaining agreement provides for wage rates of not less than the federal H-2A program wage required to be paid during the contract period.

(d) Commencing March 15, 2024, an employer of an employee admitted pursuant to the federal H-2A agricultural visa program shall comply with subdivision (a) by giving workers a copy of the template developed by the Labor Commissioner in accordance with paragraph (4) of subdivision (a).

Legal Analysis

When you begin work as a non-exempt employee, California Labor Code 2810.5 LC requires your new employer to give you a “written wage theft notice” with the following information:

• your rate of pay and overtime rates,
• your regular payday,
• meal-, lodging-, and other allowances claimed as part of the minimum wage,
• the employer’s name(s), telephone number, and address (both physical and mailing),
• the workers’ compensation insurance carrier’s name, telephone number, and address,
• sick leave laws, including the right to request and use up to 5 days or 40 hours of accrued paid sick leave each year without retaliation,
• whether there has been a federal or state emergency or disaster declaration in your county within the last 30 days, and
• any other information the Labor Commissioner requires

In addition, employers have seven days to notify you of any changes to the above information unless either:

• Any changes are included on a timely wage statement, or
• Notice is provided in another writing required by law within seven days of the changes.

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, which means that the agreement provides for wages, hours, working conditions, overtime premiums, and a regular hourly rate no less than 30% more than the California minimum wage.¹

Frequently asked questions

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Legal References