California Confusion over Paid Sick Leave

DLSE: The Wage Theft Templates Need Updating!  Or do they?

Per Labor Code 2810.5, employers must provide non-exempt workers with a Wage Theft Notice at the time of hire and after certain changes to wages and other covered matters.

The DLSE publishes a template on a website, called Wage Theft Protection Act.  The template forms are available in several languages.

California's new paid sick leave law, AB 1522,  modified Lab. Code section 2810.5.  The revised law requires the Wage Theft Notice to include information about paid sick leave. Although no sick leave accrues until July 1, 2015, employers must issue a new Wage Theft Notice beginning January 1, 2015.

So, DLSE should have issued a revised template.  Oh, you want the revised template notice?  DON'T look at the Wage Theft Protection Act page linked above.  Instead, go over to the DLSE's paid sick leave page, here. There, you will find the new Wage Theft form.

DLSE, please fix this.

Exempt Employees

Section 2810.5, the Wage Theft Protection Act, requires the notice discussed above. But exempt employees (i.e., executive, administrative and professional exempt) do not count. They are not required to receive the notice.

At the same time, exempt employees ARE required to receive paid sick leave under the new law.  Do you have to provide exempt employees within individualized information about paid sick leave?

Nobody knows. It appears that exempt employees are required to have their accrued sick leave balances on their checks, and they must be able to see the poster.  But, because section 2810.5 does not apply to exempt employees they do not have to receive a Lab. Code section 2810.5 notice.

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Merry Christmas!