Following updates to the template in April 2012, the template no longer indicates designation of the employment agreement as “written” or “oral,” but instead requires designation of whether a written agreement exists which provides for the rate(s) of pay. If the answer to the question is “yes,” then the employer must indicate whether or not all rate(s) of pay and bases thereof are contained in that written agreement. As previously stated, the notice requirement is premised upon an employment relationship. (See Labor Code 2750 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 2810(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. Labor Code 2810.5 is aimed at informing employees about such fundamental and material information concerning their pay and rates of pay under an employment relationship.
The designation in the notice of such agreement or contract information has nothing to do with “at will” employment in California, which refers to termination of an employment relationship having no specified term. Prior to the enactment of Labor Code 2810.5, written and oral employment agreements have existed without conflict with the “at will” doctrine in Labor Code 2922. Indicating on the notice whether the terms relating to pay rate(s) and the basis thereof are contained in a written agreement has no legal effect on Labor Code 2922. (Question and response updated 4/12/12)
October 2018
Tags: California, Wage Theft Prevention Act
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