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New Year Equals New Forms

A law book with a cover that reads 2024. A gavel lies next to the book on the table.

Wage Theft Prevention Notice – effective Jan 1, 2024

Since 2012, employers have been required to provide new non-exempt employees with a Notice setting out information regarding the employer, wage information, workers’ compensation insurance, etc. The DLSE has revised this Notice for 2024. It now includes information regarding the existence of federal or state emergency or disaster declarations, and an updated paid sick leave section. You can access the new form at https://www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf  Employers do NOT need to provide the Notice to employees who previously received a Notice. The Governor’s Office of Emergency Services lists open state of emergency proclamations (https://www.caloes.ca.gov/office-of-the-director/policy-administration/legal-affairs/emergency-proclamations). Employers must provide notice of those issued within 30 days of an employee’s first day of employment which may affect the employee’s specific situation and work location. The focus is on events such as disease outbreaks and natural or physical disasters. Employers must provide employees with an updated Notice within 7 days of any changes to the information provided unless those changes are reflected in another writing (e.g., wage statement, or posting of a worker’s comp notice). Employers may provide the Notice electronically as long as the employee can acknowledge receipt of the Notice and has the option to print a copy.

New Form I-9 required since November 1, 2023

The US Citizenship and Immigration Service (USCIS) issued a new Form I-9 on August 1, 2023. You can access the new form at https://www.uscis.gov/i-9. Employers have been required to utilize the new form since November 1, 2023. In addition to some minor changes to the layout, the new form includes a checkbox that employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents. Please keep in mind that employers not utilizing E-Verify must perform an in-person physical examination of all such documents.

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