California labor code section 2810.5 download pdf

Labor Commissioner's Office. Quick Links. About the Labor Commissioner's Office. Regarding prevailing wages payable on public works projects, can an employer simply state on the notice that they will be paid the appropriate or applicable prevailing wage on a project without having to keep disclosing or re-disclosing changes as they occur?

A: As with all private sector employers, private contractors or subcontractors on public works projects are subject to the notice requirement under Labor Code It would be insufficient to simply state "appropriate prevailing wage" or "variable prevailing wage" when providing the rate s of pay for purposes of the notice. For a worker in a public works project, the applicable prevailing rate is dependent on the location and project work performed by the worker.

Accordingly, the employer must include in the notice all rates applicable to such work that are known or can be determined at the time the notice is to be provided.

Any subsequent changes in wage rates for a later project or at subsequent locations with a different prevailing rate must be reflected in itemized wage statements provided to employees under Labor Code in order for the employer to be exempt from issuing a new notice to the employee. Labor Code A: Yes.

Accordingly, if a rate is fixed by hour, commission, piece rate, or a combination thereof, such rates must be provided in terms of a money value and basis for earning such rate.

If the rate is ascertained by some other method of calculation , basic information specifying the calculation must be provided and an employer must include all rates of compensation in the notice. An employer need only nominally and briefly provide each type of the pay and rate an employee will receive.

For example, specific detail of formulas need not be included, as long as accurate information stating the basis of pay is provided, e. Can an employer state that the regular rate of pay varies from pay period to pay period as the hours or amount of includable pay varies?

A single rate of pay may be fixed by various measures such as time, task, commission, or piece rate e. A single fixed pay rate does not constitute a variable rate of pay simply because it results in potentially different amounts of total wages earned over different pay periods e. But if an employee is to receive different types of pay e. If any part of the pay wage is ascertained by some other method of calculation, then basic information for calculating that rate must be provided in the notice e.

The notice must accurately inform employees of all applicable rates of pay determinable at the time the notice is to be provided that the employee will receive under his or her employment. Section When providing information regarding applicable overtime rates, only rates known and determinable must be specifically provided to the employee.

Where an employee receives only an hourly pay rate wage , the hourly pay is the regular rate of pay as long as it is at least equal to minimum wage for purposes of overtime. Only in this context may an overtime rate vary and not be subject to ascertainment for a specific overtime rate. Of course, an employer may provide overtime rates above the statutory rates which may be specified in the notice if ascertainable at the time the notice is to be provided, but all rates of pay wages must in combination comply with statutory and regulatory requirements for overtime compensation.

As of April , the template has been updated accordingly to indicate the start date which is the latest time for providing the notice.

The concept does not necessarily depend on the first day of work by the employee but may be sooner where there has been an offer and acceptance of employment establishing an employment relationship. See Labor Code While the obligation for payment of wages for work performed arises when work is performed, the employment contract may be created prior to performance.

Thus, the first day of work may be used as the time of hire date of hire for unilateral contracts, such as where an offer is made by an employer and only accepted by the employee when performance of work commences. More often, however, employment contracts written or oral are bilateral where the offer of employment is made by the employer and accepted by the employee, at which time an employment relationship arises which may be several days prior to commencement of work. Thus, the employer must provide the notice to new hires reasonably close in time to the inception of the employment relationship which may be a date determined by the employer and employee, however, in no event later than the first day services are performed by the employee.

See Martinez v. Combs 49 Cal. This means that a denial of the existence of an employment agreement or a failure of an employer to provide the required notice does not dispense with the statutory obligation to pay wages or to provide the required notice to one performing labor or services if employment is established under statutory or regulatory provisions. Why does the notice specify whether a written agreement exists providing the rate s of pay?

Does this information affect the employment at-will doctrine? As previously stated, the notice requirement is premised upon an employment relationship. See Labor Code which provides definition of contract of employment. The information is one of fact—whether there exists a written agreement regarding rate s of pay and basis thereof which are items expressly addressed in Labor Code a 1 A.

Providing this information on the notice makes it clear to the employee whether all terms relating to the basis and rate s of pay are in a separate written agreement. Prior to the enactment of Labor Code In order to offer you as much information as possible, the DLSE website contains several sources for assistance. We recommend that you access basic information provided in our general information lines.

Please also check other links to information provided on this site, such as Frequently Asked Questions and Publications which contain information sheets and brochures on many subject matters that are often the topic of questions, and the How To File a Claim sections. In most cases, you will find an answer to your question. If, after reviewing all the information offered at these links, you still can't find the answer to your question regarding wage, hour and labor law, please email us at dlse2 dir.