Aside from various existing California bills addressing workplace discrimination, another law is set to discipline unfair employers. Starting January 1, 2012, California employees are protected from any unfair practices of their employers. The new bill, AB 469 or the Wage Theft Act, aims to address and resolve past employment disputes regarding wage theft issues.
Under the new California law, employers are required to abide by the following provisions:
1. Provide each nonexempt employee with a written notice at the time of his employment. The notice must include the following:
· The rate of pay of the employee
· Allowances of the worker
· Regular determined payday designated by the employer
· The full name of the employer, including “doing business as” names
· Physical address of the employer’s main office
· Contact number of the employer
· Contact details of the employer’s workers’ compensation insurance provider
2. Notify the Labor Commissioner in case the employer needs to change any information that he has provided on the written notice. Any changes must be reported to the Labor Commissioner within seven days.
3. Pay restitution of wage to employees if the employer provides minimum wage or statutorily overtime pay. The reason for this is that AB 469 amends the California Labor Code Section 1197.1.
4. Strictly follow the provisions and instructions provided by the bill; otherwise, non-complying employers may obtain a misdemeanor offense. Also, employers who would be proven defying the law may be charged for up to 20,000 and may be serve a jail time for up to one year.
It is advisable for California employers to consult with a Los Angeles lawyer to learn more about the legalities and technicalities involved in AB 469. By doing this, employers may be free from any legal charges or fines as well as they may be able to come up with a more just and reasonable workforce.