On April 12, 2012, the DLSE posted an updated template of the form that is to be provided to new hires along with updated FAQ’s pertaining to the notice requirement. The FAQs provide important guidance about completing the form and should be reviewed carefully. With regard to the required use of the new template, FAQ 27 provides as follows:

27. Does an employer that has previously provided notice to new hires have to issue a new notice based upon DLSE’s updates to the template posted on its website in April 2012?

A: No. An employer need not issue a new notice to new hires who were previously provided notices using the earlier template until there is a substantive change in the provided information. Employers who used the previous template (either using the template form or creating their own form based upon the information in the earlier template) are in compliance with the notice obligation in Labor Code 2810.5 as long as the information based upon the earlier template remains the same. If there are changes to the information provided in the earlier template which would also impact information required in the newer template, the employer must, within 7 calendar days of the change, provide notice using the updated template information or otherwise provide notice of a change in the manner specified in 2810.5 (b)(1)-(2). For new hires made after the posting of the updated template on DLSE’s website, the newer posted version of the template must be used. DLSE will archive on its website any earlier template for informational purposes.

Link to the new template. Link to the FAQs.

Employers are advised to consult with an experienced employment attorney regarding their compliance with the Wage Theft Prevention Act.