More on the new Wage Theft Prevention Act

Robin Noah

Since it went into effect on January 1, 2012, California”s Wage Theft Prevention Act (WTPA), California Labor Code § 2810.5, has generated many questions from employers that have been genuinely confused over how to comply with the WTPA”s many provisions including the required written notice. The WPTA requires employers to provide nonexempt employees with a notice to the employee, at the time of hire that lists specified wage information.

In concert with the new regulation the Division of Labor Standards Enforcement (DLSE) committed to providing a template of the notice for employers’ use – which it did; however there were several problems in completing the form and at the request of employers the form was revised April 12, 2012.

The DLSE also provided a Frequently Asked Questions (FAQ) alert at their web site http://www.dir.ca.gov/dlse/.

Employers need to be aware that not only was the notice revised by the Labor Commissioner, an update to the FAQs was issued. The revised FAQ’s contains five additional questions and answers. 

For new hires made after April 12, 2012, the newer posted version of the template must be used.

There are many websites with information regarding this new requirement, I recommend that you take the time to become knowledgeable of the regulation, the notice required and any other issues that might affect your company.

Author:  Robin Noah, Executive Coaches of Orange County, www.ECofOC.org

2 thoughts on “More on the new Wage Theft Prevention Act

  1. Medicare is at fault here. The 3 day hospital requirement has always been there. However, someone at Medicare got the brilliant idea to think that an observation day in a hospital is like not really being in a hospital. The first time I saw this, many years ago, I was shocked. Medicare beneficiaries now had hospitals controlling their benefits after they left the hospital by how they coded their stay. If you were in the hospital for three days but the first day was coded as observation, then you didn’t meet the three day stay requirement, even though you had been in the hospital three days. I don’t even think a new law is needed, but rather Medicare needs to be told by Congress to not change the law by their own interpretations. They are not elected to do that. They are to administer the benefits as described by law.

  2. Medicare is at fault here. The 3 day hospital requirement has always been there. However, someone at Medicare got the brilliant idea to think that an observation day in a hospital is like not really being in a hospital. The first time I saw this, many years ago, I was shocked. Medicare beneficiaries now had hospitals controlling their benefits after they left the hospital by how they coded their stay. If you were in the hospital for three days but the first day was coded as observation, then you didn’t meet the three day stay requirement, even though you had been in the hospital three days. I don’t even think a new law is needed, but rather Medicare needs to be told by Congress to not change the law by their own interpretations. They are not elected to do that. They are to administer the benefits as described by law.

Comments are closed.