Beginning New Year’s Day 2024, employers are required to give all non-exempt new hires working in California a new form of Wage Theft Prevention Act Notice containing new information.  Employers must tell employees in the new Notice (1) of the increased amount of California paid sick leave to which employees are entitled as of 2024 and (2) whether employees are working in a county that is subject to a federal or state emergency or disaster declaration.

The new Notice form published by the California Department of Industrial Relations (DIR) is here.

As for information concerning emergency or disaster declarations, employers must identify in the new Notice any declaration issued within the 30 days preceding the new hire’s first day on the job that is applicable to the county(ies) in which the employee will work and that concerns the employee’s health and safety.  The DIR has not yet issued guidance telling us the types of disasters or emergencies covered by the new requirement.  Until the DIR gives contrary guidance, employers should consider the Notice to encompass declarations concerning disease outbreaks, earthquakes, fires, floods, and chemical spills among other potential events.

Effective January 1, 2024, full time employees working in California must be given a minimum of five days (40 hours) of paid sick leave, which is up from three days (24 hours) in 2023.  We explain the most recent amendments to the California Paid Sick Leave Law here.

The Wage Theft Prevention Act notice requirements in effect before January 1, 2024 remain in effect.  For example, employers must give the Notice to non-exempt employees at the time of hiring and within seven days of any information required to be set out in the Notice changing. Employers are subject to the requirement to give the Notice, regardless of the size of the employer.  The Notice must be written in the language the employer normally gives the employee employment-related information.  For the new Notice form written in languages other than English, keep an eye for the DIR posting them here.   

If you have questions or we may assist with this or other employment law challenges, please contact your Fox Rothschild LLP attorney or the author.

This post provides general information and does not constitute legal advice to any person with respect to any circumstance.  This post does not create an attorney-client relationship with any person.