The tragic fires in Southern California have touched many lives and impacted many businesses operating in California. Here, we want to alert employers of a notice requirement to newly hired nonexempt employees who will be working in the counties of Los Angeles or Ventura.

The California Wage Theft Protection Act, Labor Code section 2810.5 ("LC 2810.5"), requires employers operating in California to provide newly hired nonexempt employees with a written notice regarding their wages, designated paydays, and other relevant information. Failure to comply with LC 2810.5 can result in litigation and penalties against an employer under the California Private Attorneys General Act ("PAGA"). A copy of the LC 2810.5 notice that must be provided to nonexempt new hires (and in other circumstances not at issue here) is linked here.

A portion of the LC 2810.5 Notice that is often left blank is now front and center and must be filled in with a checkmark. The relevant language in the LC 2010.5 states:

"There is a state or federal emergency or disaster declaration applicable to the county or counties where the employee will work issued within 30 days before the employee's first day of employment and that may affect their health and safety during employment. (State emergency or disaster declaration and how it may affect health or safety)."

On January 7, 2025, California Governor Newsom issued a Proclamation of State of Emergency ("Proclamation") regarding the wildfires impacting the counties of Los Angeles and Ventura.

Thus, it is important that employers hiring nonexempt employees to work in Los Angeles or Ventura counties check off the box next to the above-quoted language if hiring within 30 days of the governor's January 7, 2025, Proclamation or within 30 days of any future declarations or proclamations of disasters or states of emergency.

Our California employment services team is always here and available to talk through any concerns or questions that you may have.