Labor Code §2810.5 – Wage Theft Prevention Act Notice

California Labor Code §2810.5, added by the Wage Theft Prevention Act of 2011, requires employers to give each nonexempt employee a written notice at the time of hire that spells out the employee’s pay rate, regular payday, the employer’s legal name and contact details, its workers’ compensation carrier, and the employee’s paid sick leave rights. If any of that information changes, the employer generally has seven calendar days to tell the employee in writing.

The notice matters more than it looks. It is often the only document, apart from pay stubs, that shows what an employer promised to pay, which business name actually employs you, and who insures you for work injuries. When a wage dispute starts, the hiring notice, or the lack of one, can become important evidence.

This explainer covers what §2810.5 requires, who it covers, the change-notice rule, a worked example, enforcement, deadlines and related sections. For what your pay stubs must show, see our guide to California pay stub requirements.

What Labor Code §2810.5 says

Section 2810.5 was added by Assembly Bill 469 (Chapter 655, Statutes of 2011), known as the Wage Theft Prevention Act (the Labor Commissioner’s Office also calls it the Wage Theft Protection Act of 2011). It took effect January 1, 2012, and was most recently amended effective January 1, 2024.

Under §2810.5(a)(1), “at the time of hiring,” an employer must give each employee a written notice, “in the language the employer normally uses to communicate employment-related information to the employee,” that includes:

1. Pay rate or rates and the basis (hourly, shift, day, week, salary, piece, commission or otherwise), including overtime rates, as applicable.
2. Allowances, if any, claimed as part of the minimum wage, such as meal or lodging allowances.
3. The regular payday the employer has designated under the Labor Code.
4. The employer’s name, including any “doing business as” names.
5. The physical address of the employer’s main office or principal place of business, and a mailing address if different.
6. The employer’s telephone number.
7. The name, address and telephone number of the workers’ compensation insurance carrier.
8. Paid sick leave rights: that the employee may accrue and use sick leave, has a right to request and use accrued paid sick leave, may not be terminated or retaliated against for using or requesting it, and has the right to file a complaint against an employer who retaliates.
9. Any federal or state emergency or disaster declaration covering the county where the employee will work, issued within 30 days before the first day of work, that may affect the employee’s health and safety.
10. Any other information the Labor Commissioner deems material and necessary.

The Labor Commissioner must prepare templates. Its website offers the “Notice to Employee” form in English and in Spanish, Vietnamese, Korean, Tagalog and Simplified Chinese.

Who §2810.5 covers, and the exceptions

The notice requirement applies to employers of all sizes. But §2810.5(c) excludes three groups from the definition of “employee”:

• Public employees: anyone directly employed by the state or a city, county, city and county, special district or other political subdivision.
• Exempt employees: employees exempt from overtime under a statute or Industrial Welfare Commission wage order. The Labor Commissioner’s Office confirms that exempt executives, administrators and professionals are excluded.
• Some union-represented employees: employees covered by a valid collective bargaining agreement that expressly sets wages, hours and working conditions, provides premium pay for all overtime, and sets a regular hourly rate at least 30% above the state minimum wage.

Two groups get extra protections:

• Temporary services employees. If the employer is a temporary services employer, the notice must also identify the client business where the employee will work, with its address and phone number. This does not apply to licensed security services companies that provide only security services.
• H-2A agricultural workers. Employers of workers admitted under the federal H-2A visa program must provide, in Spanish, a separate section describing those workers’ rights under California law. Since March 15, 2024, they must use the Labor Commissioner’s template.

---

The 7-day rule for changes

Under §2810.5(b), an employer must notify employees in writing of any change to the information in the notice “within seven calendar days after the time of the changes,” unless one of two exceptions applies:

1. All changes are shown on a timely wage statement (pay stub) under Labor Code §226, or
2. Notice of all changes is given in another writing required by law within seven days.

A raise that appears on your next pay stub usually satisfies the rule. A change that does not appear on a pay stub, such as a new workers’ compensation carrier or a new business address, must be given in a separate written notice or in another writing the law already requires, within seven days. The Labor Commissioner’s Office says an updated workers’ compensation posting can serve that purpose for a carrier change.

💡 Example (hypothetical): Elena is hired on March 2 as an hourly warehouse worker. On her first day she receives a written notice listing her $20.00 hourly rate, her $30.00 overtime rate (1.5 × $20.00), the Friday payday, the employer’s legal name and address, and its workers’ compensation carrier. On June 1 the employer switches to a new workers’ compensation carrier. Because a carrier change does not appear on a pay stub, the employer must tell Elena in writing within seven calendar days, by June 8, either in an updated notice or in another writing the law requires, such as its updated workers’ compensation posting. When her pay rises to $21.50 on July 1, listing the new rate on her next timely pay stub is enough.

How the notice can be given, and why it matters

The Labor Commissioner’s Office has answered several practical questions about the notice:

• No waiver. A worker cannot waive the notice. The Labor Commissioner’s Office points to Labor Code §2804, which makes agreements to waive these protections void.
• Electronic delivery is allowed if the employee can acknowledge receipt and print a copy.
• Signing is optional. The acknowledgment section on the template is optional, and an employer should still give the notice if the employee does not want to sign.

For workers, the notice is a reference point. If your pay stubs show a lower rate than the notice, a different employer name, or a payday that does not match, those differences can help show wage violations such as off-the-clock work or late pay. If you never received the notice, ask for a copy of your personnel and payroll records; our guide to requesting your personnel file and payroll records explains how.

---

Remedies and enforcement

Section 2810.5 does not set out its own penalty amount. That affects how it is enforced:

• PAGA civil penalties. Under Labor Code §2699(f), for Labor Code provisions that do not specifically provide a civil penalty, PAGA sets a default civil penalty, generally $100 for each aggrieved employee per pay period for an employer with employees, subject to reductions and caps in the statute. A §2810.5 violation may be pursued this way, on behalf of yourself and other affected workers.
• Related wage claims. A missing or inaccurate notice often goes with other violations that carry their own remedies, such as pay stub penalties under Labor Code §226, late pay penalties under §210, or unpaid wages.
• Protection from retaliation. Labor Code §98.6 prohibits retaliation against employees who complain about Labor Code violations. See our guide to retaliation claims in California.

Deadlines and where to file

PAGA claims are tied to the one-year limitations period in Code of Civil Procedure §340: an “aggrieved employee” under Labor Code §2699(c) must have personally suffered each of the violations alleged within that period. PAGA also requires written notice to the Labor and Workforce Development Agency before filing suit. Claims for unpaid wages that come with a notice problem are generally subject to a three-year period under Code of Civil Procedure §338(a).

If you did not get a §2810.5 notice, or the information was wrong:

1. Keep whatever you were given at hire, plus your pay stubs.
2. Write down the details you were told verbally: your rate, payday and who you thought your employer was.
3. Get advice early about wage claims or PAGA. See Labor Commissioner wage claim vs. hiring a lawyer.

---

Related Labor Code sections

• §204: paydays and pay periods (the notice must state your regular payday).
• §226: itemized wage statements, which can satisfy the change-notice rule.
• §246: paid sick leave, which the notice must describe.
• §2699: PAGA civil penalties.
• §2804: agreements to waive these protections are void.

Our wage and hour attorneys can review your hiring documents and pay records together.

---

Frequently asked questions

What is a Labor Code 2810.5 notice?

It is a written notice employers must give nonexempt employees at hire, listing pay rates, payday, employer name and contact details, the workers’ compensation carrier, paid sick leave rights and other required information.

Do I have to sign the notice?

No. According to the Labor Commissioner’s Office, the acknowledgment on the template is optional. The employer should still give you the notice.

Does my employer have to give me a new notice when I get a raise?

Not if the raise appears on a timely pay stub. Otherwise, changes must be given in writing within seven calendar days (Labor Code §2810.5(b)).

I’m a salaried exempt employee. Am I entitled to the notice?

Generally no. Section 2810.5(c)(2) excludes employees who are exempt from overtime. If you think you are misclassified as exempt, the notice requirement may apply to you.

What can I do if I never got the notice?

Keep your pay records and get advice. Because §2810.5 has no separate penalty amount, violations are usually pursued through PAGA, often together with other wage claims.

---

Related guides