Labor Commissioner Issues Updated Labor Code Section 2810.5 Notice Template

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Dec 22, 2023

The Labor Commissioner has issued an updated Labor Code Section 2810.5 Notice to Employees, which is the notice that covered employers must provide to non-exempt employees at the time of hire that provides basic information about their employment, such as rates of pay, employer’s name, and paid sick leave benefits.  The updated Notice to Employees reflects the changes to California’s paid sick leave law that take effect on January 1, 2024, and also includes a section for employers to include information regarding the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed that was issued within 30 days before the employee’s first day of employment and that may affect the employee’s health and safety during their employment (a requirement that takes effect on January 1, 2024 as well).

Schools should make sure they are providing all non-exempt employees hired on or after January 1, 2024, at the time of hire, the updated template Labor Code Section 2810.5 Notice to Employees, and should discontinue using prior versions of the notice, as these will no longer be legally compliant as of January 1, 2024.

As a reminder, Labor Code Section 2810.5 requires employers to notify employees in writing of any changes to the information set forth in the Labor Code Section 2810.5 Notice to Employees within seven (7) calendar days after the time of the change, unless one of the following applies:

  1. All changes are reflected on a timely wage statement furnished in accordance with California law.
  2. Notice of all changes is provided in another writing required by law within seven (7) days of the changes.

Schools should make sure to provide written notice to any non-exempt employees whose paid sick leave information is changing effective January 1, 2024, consistent with this obligation, including meeting the applicable timelines.

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