California employers must hand each nonexempt employee a written notice at hiring that states the pay rate, the payday, the employer’s identity and contact details, the workers’ compensation carrier, and sick leave rights. Labor Code section 2810.5 has no penalty of its own, so a missing or outdated notice usually shows up as one line in a PAGA notice. The employer’s defense depends on the signed notices in its files, its change notices, and the steps it took to comply before the claim arrived.
What does the notice have to say?
The pay terms and the employer’s identity, plus several rights. Under section 2810.5, “At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee.” The notice must state “The rate or rates of pay and basis thereof,” along with “any rates for overtime, as applicable.”
The list continues with meal or lodging allowances, “The regular payday designated by the employer,” the employer’s name “including any ‘doing business as’ names used by the employer,” its physical and mailing addresses and phone number, and “The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.” It also has to tell the employee about paid sick leave rights.
Two newer items catch employers off guard. Since 2024, the statute requires the notice to disclose any federal or state emergency or disaster declaration for the county where the employee will work “that was issued within 30 days before the employee’s first day of employment.” Employers hiring H-2A agricultural workers must also give a separate Spanish-language notice of rights using the Labor Commissioner’s template.
Who has to receive it?
Most nonexempt private-sector employees. The statute excludes three groups: public employees, “An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission,” and employees covered by a qualifying collective bargaining agreement. The union exclusion applies only if the agreement provides premium overtime rates and a regular hourly rate “of not less than 30 percent more than the state minimum wage.”
Staffing companies carry an extra requirement. A temporary services employer’s notice must also identify “the legal entity for whom the employee will perform work,” including its address and phone number. A staffing firm that reuses one notice form for every placement will usually be missing that client information.
What happens when the information changes?
The employer has seven days to tell the employee in writing, with two exceptions. Subdivision (b) requires written notice “of any changes to the information set forth in the notice within seven calendar days after the time of the changes.” Under the same subdivision, no separate notice is needed if “All changes are reflected on a timely wage statement furnished in accordance with Section 226,” or if notice is given “in another writing required by law within seven days of the changes.”
A raise usually shows up on the next wage statement, so it’s covered. A change in workers’ compensation carrier, a new business address, or a change in the regular payday doesn’t. Those changes are where most violations happen, because no one in payroll thinks of them as employee notices. A carrier renewal with a new insurer is the most common example.
How does a missing notice become a PAGA claim?
Through the default PAGA penalty. Section 2810.5 doesn’t set a civil penalty, so a plaintiff relies on Labor Code section 2699, subdivision (f), which applies “For all provisions of this code except those for which a civil penalty is specifically provided.” For an employer with employees, the default is “One hundred dollars ($100) for each aggrieved employee per pay period,” subject to the statute’s exceptions and reductions.
How a court counts pay periods for a notice due at hiring is a point worth contesting. The plaintiff will argue each pay period without a compliant notice is a separate violation. The employer can argue the violation, if any, happened once at hiring or once at the change. Courts also have discretion under the statute to “award a lesser amount than the maximum civil penalty amount specified by this part.”
How do the 2024 PAGA reforms help employers here?
They cap penalties for employers that took reasonable steps. Under section 2699, subdivision (g), if the employer “has taken all reasonable steps to be in compliance” before receiving the PAGA notice, the recoverable penalty “shall not be more than 15 percent of the penalty sought.” Those steps may include having “conducted periodic payroll audits and took action in response to the results of the audit” or having “disseminated lawful written policies.”
An employer that acts after the notice arrives has a second chance. Subdivision (h) caps penalties at 30 percent if, “within 60 days after receiving the notice of violation,” the employer takes all reasonable steps to come into compliance prospectively. For a notice violation, that usually means issuing corrected notices to the current workforce and fixing the onboarding packet. Those caps apply to PAGA notices filed under the reformed statute, so the date of the notice matters.
A compliance fix this simple is worth making before any claim arrives. The Labor Commissioner’s template is free, and a signed copy in each personnel file answers most of these claims.
How do 2810.5 issues compare?
| Issue | Statute | Exposure | Where the defense starts |
|---|---|---|---|
| No notice at hiring | Lab. Code § 2810.5(a) | PAGA default penalty, up to $100 per aggrieved employee per pay period before reductions | Signed notices in personnel files and onboarding records |
| Notice missing a required item | Lab. Code § 2810.5(a)(1) | Same PAGA default penalty | Which item was missing and for which hire dates |
| No change notice after a carrier, address, or payday change | Lab. Code § 2810.5(b) | Same PAGA default penalty | Whether the change appeared on a timely wage statement or another required writing |
| Staffing firm notice without client information | Lab. Code § 2810.5(a)(3) | Same PAGA default penalty | Placement records and client-specific notices |
| Exempt or qualifying union employees named in the claim | Lab. Code § 2810.5(c) | None for those employees | Classification and collective bargaining agreement terms |
What should an employer do once a 2810.5 claim arrives?
These claims are about paperwork, so the paperwork decides them. Gather it before the 60-day window closes.
- Put a litigation hold on onboarding packets, signed notices, personnel files, wage statements, insurance renewal records, and any written notices of changes.
- Calendar the 60-day period after the PAGA notice and the response date on any summons, and check for an arbitration agreement and an employment practices liability (EPLI) policy with notice requirements.
- Identify who runs onboarding and payroll, and avoid any action against the employee who sent the notice that could look like retaliation.
- Pull the documents the claim depends on, including a sample of notices by hire date, the dates of any carrier or address changes, and the wage statements issued after each change.
- Talk to a lawyer before issuing corrected notices to the workforce, responding to the LWDA, or contacting the employee or their lawyer.
Companies looking for employment defense for California staffing companies can review the firm’s practice page.
Notice to employee questions from California employers
Can we use the Labor Commissioner’s template?
Yes, and it’s the safest choice. The Labor Commissioner’s page explains that the statute “requires that the Labor Commissioner provide employers with a template that complies with the requirements of the notice.” The page links versions in several languages. Keep the template current, since added requirements, such as the disaster declaration item, mean an older version may be incomplete.
Does the employee have to sign the notice?
The statute requires the employer to provide it, not to collect a signature. A signed acknowledgment is still the best proof the notice was given, and its absence makes the defense harder. Have new hires sign and date the notice, keep a copy in the personnel file, and do the same for any written change notice.
Does a 2810.5 claim allow a private lawsuit outside PAGA?
The statute doesn’t create its own private right of action or its own penalty. Claims over the notice are usually brought through PAGA or raised during a Labor Commissioner investigation. They rarely stand alone. Most arrive alongside wage statement, meal period, or overtime claims, and they often show the plaintiff’s lawyer is collecting every available violation.
Should we send updated notices to all current employees now?
If the current form is missing a required item, or if a carrier or address change went unannounced, a corrected notice to the current workforce is a reasonable step. If a PAGA notice has already arrived, coordinate the timing and wording with counsel, since the 60-day window under the reformed statute rewards prompt corrective action.
If a notice claim reaches your company
If your company has received a PAGA notice or lawsuit claiming it failed to give the Labor Code 2810.5 notice to employees, the signed onboarding records and change notices usually decide how much of the claim is real. Rosenberger + Kawabata represents employers defending employment lawsuits and claims through its business litigation practice, including PAGA claims over employee notices and onboarding documents. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The statutes are Labor Code section 2810.5 and Labor Code section 2699. The agency source is the Labor Commissioner’s Wage Theft Protection Act page, which links the Notice to Employee templates.
This post is general information about California employment law as of November 7, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Employment statutes, regulations, and court decisions change often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.