Updated December 24, 2025
Understanding California Labor Code 2810.5
California Labor Code Section 2810.5 is a crucial piece of legislation that mandates employers to provide essential information to their employees at the time of hiring. This law aims to enhance transparency regarding wages, working conditions, and employee rights. As of January 1, 2024, significant updates have been made to this code, reflecting changes in the law that affect both employers and employees. This article will delve into the specifics of California Labor Code 2810.5, its requirements, and the implications for both parties involved.
Overview of Labor Code 2810.5
California Labor Code 2810.5 requires employers to furnish a written notice to each employee at the time of hiring. This notice must include vital information such as:
- Wage Rates: Employers must disclose the rate or rates of pay, including overtime rates, and the basis for these rates (hourly, salary, commission, etc.).
- Paid Sick Leave: The notice must inform employees about their rights regarding paid sick leave, including how much they can accrue and use.
- Employer Information: This includes the legal name of the employer, any "doing business as" names, the physical and mailing addresses, and contact information.
- Workers’ Compensation: Employers must provide details about their workers’ compensation insurance carrier.
The law emphasizes that this information must be presented in the language that the employer typically uses to communicate with the employee.
Key Updates Effective January 1, 2024
With the recent amendments introduced by Assembly Bill 636 and Senate Bill 616, several important changes have been made to the Labor Code 2810.5:
Inclusion of Emergency Declarations
One of the most significant updates is the requirement for employers to include information regarding any federal or state emergency or disaster declarations that may affect the employee’s health and safety. This information must pertain to declarations issued within 30 days before the employee’s start date.
Increased Paid Sick Leave
The amendments also reflect an increase in the mandatory paid sick leave entitlement for employees. As per the new regulations, employees are entitled to a minimum of 40 hours or five days of paid sick leave per year, whichever is greater. This change aims to provide better support for employees in managing their health and well-being.
Requirements for Employers
Employers must ensure compliance with the updated Labor Code 2810.5 by providing the revised notice to all non-exempt employees hired on or after January 1, 2024. Here are the key requirements:
Timely Provision of Notice
Employers are obligated to provide the written notice at the time of hiring. If there are any changes to the information provided, employers must notify employees within seven calendar days. This can be done through updated wage statements or separate written notices.
Language Accessibility
The notice must be provided in a language that the employer typically uses for communication with the employee. This ensures that all employees fully understand their rights and obligations.
Use of Updated Templates
Employers can utilize the updated template provided by the California Labor Commissioner’s Office, which incorporates all the necessary information required by the law. This template is designed to help employers comply with the legal requirements effectively.
Implications for Employees
For employees, California Labor Code 2810.5 serves as a protective measure that ensures they are informed about their rights and the conditions of their employment. Here are some implications for employees:
Enhanced Awareness of Rights
The requirement for employers to disclose wage rates, sick leave policies, and emergency declarations empowers employees to understand their rights better. This knowledge can help them advocate for themselves in the workplace.
Protection Against Retaliation
Employees are protected under this law from retaliation for exercising their rights related to paid sick leave. If an employee requests or uses sick leave, they cannot be terminated or discriminated against for doing so.
Legal Recourse
If an employer fails to comply with the provisions of Labor Code 2810.5, employees have the right to file a complaint with the California Labor Commissioner. This legal recourse is essential for ensuring that employees receive the protections afforded to them under the law.
Exceptions to the Notice Requirements
While Labor Code 2810.5 applies broadly, there are specific exceptions where employers are not required to provide the notice:
Collective Bargaining Agreements
Employees covered by a valid collective bargaining agreement are exempt from the notice requirements if the agreement explicitly outlines wages, hours of work, and working conditions. Additionally, the agreement must provide premium wage rates for overtime and a regular hourly rate that is at least 30% above the state minimum wage.
Exempt Employees
Certain exempt employees, such as those who are not entitled to overtime pay under California law, are also not subject to the notice requirements. This includes specific professional, administrative, and executive employees.
Conclusion
California Labor Code 2810.5 is a vital piece of legislation that enhances transparency and protects employee rights in the workplace. With the recent updates effective January 1, 2024, employers must be diligent in providing accurate and timely information to their employees. For employees, understanding their rights under this law is crucial for advocating for themselves and ensuring fair treatment in the workplace. If you believe your rights under Labor Code 2810.5 have been violated, it is essential to seek legal counsel to explore your options for recourse.
By staying informed and proactive, both employers and employees can foster a more equitable and transparent work environment.
If you need employment litigation, call Setyan Law at (213)-618-3655. Free consultation.
