BILL NUMBER: AB 1643	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gonzalez

                        JANUARY 11, 2016

   An act to amend Section 2810.5 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1643, as introduced, Gonzalez. Employment: employer
obligations.
   Existing law requires an employer to post specified wage and hour
information in a location where it can be viewed by employees.
Existing law further requires an employer to provide each employee,
as defined, at the time of hiring, with a notice that specifies the
rate and the basis of the employee's wages and to notify each
employee in writing of any changes to the information set forth in
the notice, as specified.
   This bill would make nonsubstantive changes to the latter
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2810.5 of the Labor Code is amended to read:
   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) Any other information the Labor Commissioner deems material
and necessary.
   (2) The Labor Commissioner shall prepare a template that complies
with the requirements of paragraph (1). The template shall be made
available to employers in  such   the 
manner  as  determined by the Labor Commissioner.
   (3) If the employer is a temporary services employer, as defined
in Section 201.3, the notice described in paragraph (1) must 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.
   (b) An employer shall notify his or her 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.