Urgent Employer Alert: H-2A Supplemental Notice Deadline is March 15, 2024!

Last Updated 3/13/2024


Employers are likely familiar with the Section 2810.5 Notice to Employee. Labor Code section 2810.5 requires that employers provide notice to employees of their rate(s) of pay, designated pay day, the employer’s intent to claim allowances (meal or lodging allowances) as part of the minimum wage, and the basis of wage payment (whether paying by hour, shift, day, week, piece, etc.), including any applicable rates for overtime. The law requires that the notice contains the employer's "doing business as" names, and that it be provided at the time of hiring and within 7 days of a change if the change is not listed on the employee’s pay stub for the following pay period. The notice must be provided in the language the employer normally uses to communicate employment-related information to the employee, through translated notices provided by the Labor Commissioner.


In addition to providing an H-2A worker the above general Notice to Employee, the Labor Commissioner has now published the Supplemental Notice to Employee - California Rights and Protections for H-2A Agricultural Workers on its website in accordance with the recent enactment of Assembly Bill 636 of 2023 amending section 2810.5. H-2A employers must provide this Spanish language supplement no later than the day the H-2A worker begins work in California or on the first day that the employee begins work for another (new) H-2A employer. If the employee requests the notice in English, employers must also provide the notice in English. Employers may also provide the supplement together with a completed general Notice to Employee to the non-H-2A workers. This notice must be provided starting March 15, 2024.


Rosasco Law Group is here to help answer any questions that employers may have regarding the required Notice to Employee or the supplemental notice.  We specialize in helping employers make sure that their workplace documents and tasks are up-to-date, so give us a call and we will help guide you through the process.

 

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