California Labor Code Section 2810.5: Clear Job Terms Every Worker Should Receive
Ever start a job and realize you’re not totally sure about your exact pay rate, payday, or even who the legal employer is? That uneasy feeling used to be common. To fix that, California created Labor Code Section 2810.5—the rule that says new hires must get a written notice spelling out the basics from day one. Nakase Law Firm Inc. regularly helps both employees and employers with DLSE-NTE compliance so this notice actually protects people, not just paperwork. And yes, that one sheet can save a lot of headaches later.
California didn’t invent this out of thin air. The state saw real confusion turning into wage disputes, so it made the notice a standard step of onboarding for most hourly workers. California Business Lawyer & Corporate Lawyer Inc. notes that labor code section 2810.5 applies to nearly every private employer hiring non-exempt workers. In short, if you’re paid by the hour, you’re supposed to receive this notice at hire. No mystery, no guesswork.
Why this law exists
Picture your first shift at a café. You were told “about $16 an hour.” On payday, the rate shows as $15.50. The supervisor shrugs—“That’s what we pay.” Without clear terms in writing, that conversation goes nowhere fast. Section 2810.5 steps in so pay, payday, and other basics aren’t left to memory or hearsay. It gives workers a simple reference and gives employers a consistent way to present the facts. Less confusion. Fewer arguments. Better starts.
What the notice includes
The form—often called the DLSE-NTE—covers the nuts and bolts you’d expect and a few items you might not. Here’s what goes on it, with plain talk along the way:
• Your pay rate, plus how overtime and double time are calculated
• How you’re paid (hourly, salary, piece rate, or commission)
• Any credits that count toward minimum wage (like meals or lodging)
• The employer’s legal name and any “doing business as” names
• The main office address, mailing address, and phone number
• The regular payday schedule
• Workers’ compensation insurance details and a basic statement of your right to that coverage
• Any other details the Labor Commissioner requires
One more key point: if the Labor Commissioner provides a translated version of the form for a language the employee reads, the employer needs to use that version. Picture a new hire who mainly reads Spanish receiving an English-only notice. That helps no one. Translation makes the notice meaningful.
Who must receive the notice
Most non-exempt workers get it. That includes part-timers and seasonal hires in places like retail, restaurants, and hospitality. A few groups don’t: certain government employees, folks covered by collective bargaining agreements that already address the same topics, and exempt employees in executive, administrative, or professional roles. For everyone else, the notice isn’t optional—it’s part of starting the job.
What employers need to do
Handing over the form is only step one. The details must be accurate and stay that way. If something changes—say, a new workers’ comp carrier or a shift in payday—the employee needs an updated notice within seven days. There’s one exception: when that new information already appears on the wage statement or inside a collective bargaining agreement. Beyond that, smart employers keep copies on file and use a checklist so nothing slips through the cracks.
Here’s a quick real-world snapshot. A family-owned shop hires its first employee. The owner trusts verbal agreements. Payweek arrives, and a mix-up on the rate appears. Because the DLSE-NTE wasn’t used, fixing the error now means backtracking through texts and memory. With the notice in place, both sides could point to the same document and correct the issue right away.
If employers skip the notice
Skipping the notice can come back to bite. When a worker files a claim, the Division of Labor Standards Enforcement can review the situation, and missing notices don’t look good. In wage cases—unpaid overtime, shorted hours, or misclassification—the absence of a notice often makes the employee’s story more believable. Courts and agencies take missing basics as a red flag, which can lead to penalties, back pay, and public trouble a business didn’t need.
Ask yourself: if a company is careful about pay, why not issue the one document that proves it?
How it ties to wage theft prevention
Section 2810.5 is part of a bigger effort to reduce wage theft. Think of the notice like a receipt: it records the deal at the start so the numbers are clear later. When pay stubs line up with what the notice promised, everyone breathes easier. When they don’t, the notice helps show where things went off track. Small sheet, big impact.
Simple steps for employers
Want a clean, repeatable process? Keep it simple:
- Use the official DLSE form for each new hire.
- Check every field—rate, payday, company info, and insurance.
- Provide translated versions when the state makes them available.
- Re-issue the notice when terms are change and make sure the pay stub, CBA shows the update.
- File copies in one place so audits and questions are easy to handle.
These steps take minutes at hire and save hours later.
Employee rights in day-to-day life
From the worker’s side, the notice is practical. You can ask for it if you didn’t receive one. If a rate on your check looks off, the notice lets you compare promises with reality. Here’s a quick example. A warehouse employee starts getting paid at a lower shift differential after a schedule change. By pulling out the 2810.5 notice, the worker spots the original rate and raises the issue with payroll, resolving it before the problem grows.
Don’t want conflict? The notice often prevents it. Want a fair fix? The notice helps there too.
What has changed since launch
A few tweaks have rolled in since the law took effect in 2012. Employers don’t need to reissue the notice every year if nothing has changed. Also, when statewide rules shift, the DLSE updates the official form to match. That means employers should check the latest version before onboarding. A quick form check beats trying to defend an outdated document later.
When attorneys step in
Lawyers get involved on both sides. Workers call when pay doesn’t match the numbers on the notice. Employers call to set up an onboarding routine that holds up under scrutiny. Often the help is simple: confirm the correct rate language, make sure the workers’ comp details are current, and set a reminder for updates after any change in terms. A little guidance up front prevents long-winded disputes later.
Bottom line for both sides
Section 2810.5 sets everyone up with clarity. Workers start with the facts in hand. Employers show they’re doing things by the book. The notice reduces guesswork, lowers the odds of wage disputes, and builds trust right at the start of the relationship. So if you’re clocking in for a new job—or bringing someone new onto your team—treat the DLSE-NTE like the onboarding step that keeps pay and policy conversations straightforward. One page, clear terms, fewer surprises.
