Don't Blink or You'll Miss It…
BREAKING NEWS on Upcoming Union Posting Requirement and Revised DLSE Wage Information Form
Posted April 17, 2012

Among the numerous updates to California employment law requirements for 2012 were the mandatory employee notice required by the new Wage Theft Protection Act of 2011, effective January 1, 2012, and the mandatory union notice posting requirement effective April 30, 2012. Today, both requirements were upended when the California DLSE revised its new wage information form, and the Court of Appeals for the D.C. Circuit put a halt to the pending union posting requirement.

DLSE Wage Information Form - REVISED

The Wage Theft Protection Act of 2011 (effective January 1, 2012) requires California employers to provide newly-hired non-exempt employees with a plethora of written information about payroll and business details. Current employees must be provided with notice of any changes within seven days of those changes.

With the implementation of the new law, the California Department of Labor Standards Enforcement ("DLSE") provided a form for the employer's use, located on their website. Employers may choose to use the DLSE form, or create their own version. LightGabler issued a legal update on January 1, providing a link to the form and noting several concerns about the form's contents that could raise difficult issues for employers.

Now, the DLSE has already revised its own wage information form, altering some of the information requested. The DLSE's new wage information form can be located on its website at www.dir.ca.gov/dlse, under "Labor Law," "Forms" and "Notice to Employee (Labor Code Section 2810.5)." The website also contains "Frequently Asked Questions" for employers.

Employers who have previously implemented the prior DLSE form need not revise the forms already completed, but should use the new form (or the employer's version of the form containing the same substantive information) going forward.

Unfortunately, the new wage form provided by the DLSE does not address all of the concerns raised by LightGabler in its January 1 legal update (see www.lightgablerlaw.com under "Updates). We would caution employers to review our prior update and consider the issues listed there when using the new DLSE form or creating your own forms.

Union Posting Deadline Extended Pending Appeal

Under a rule established by the National Labor Relations Board ("NLRB"), most private employers would be required to post a notice informing employees of their right to join a union, among other information. This mandatory posting deadline has been extended several times in the face of numerous challenges to the NLRB's mandate, and was most recently scheduled to take effect at the end of this month, on April 30, 2012.

The D.C. Circuit Court of Appeals has now enjoined enforcement of this posting requirement, holding that the NLRB does not have the authority to enforce this rule. The NLRB has indicated its intent to appeal the decision, but confirms on its website that its regional offices will not enforce the posting requirement pending resolution of the currently-conflicting court decisions.

For now, it appears that private employers need not post the "Employee Rights Under the NLRA" poster as of April 30, 2012. For further information, see the NLRB's website at www.nlrb.gov/poster and the "Frequently Asked Questions" located there.

Stay tuned for further information about whether this posting requirement will be reinstated at a later date, or will instead be shut down once and for all.

For further information regarding these new developments, or any other question regarding employment law issues, contact any of the LightGabler employment attorneys.