Understanding the DLSE form for hourly new hires
- On 31 October 2016
- Posted by Chantal Mariotti
All “hourly” new hires must be provided with a signed copy of their DLSE form upon hire. This form is required by the state of California as of January 2012 and is an essential part of the hiring process. Additionally, this form has now been revised to indicate the required “sick time” benefit, which went into effect July, 2015. Your HR Administrator should make sure that this form is properly filled out by both the employee and the employer and that it is distributed to the new hourly employee at time of hire. This form is part of the Wage Theft Prevention Act and serves many purposes, including criminalizing non-payment of wages after a final judgment and requires that specific information be provided to employees at the time of hire.
The DLSE form provides clarity over pay rates, including overtime rates. This form, also known as the Department of Labor Standards Enforcement form, makes rates of pay clear to both employers and employees. This helps provide clarity and can ensure that you are fully compliant with all state regulations. The DLSE form states not only wages, but whether the employee is paid by hour, by shift, by piece or by other criteria. It also includes your sick time policy and workers compensation policy information.
It’s the law! All hourly employees should be provided with the DLSE form upon hire. It is also the law that an employer must provide a DLSE form in the event of a change in wages within 7 days of making the change, unless the change is stated on the employee’s paystub. This law is designed to provide greater protection to workers and applies to all private sector employers.
Make sure to include the company’s “legal name” on the DLSE form. Many companies have a “doing business as” (DBA) name that may differ from the name used for tax purposes. It is the law that this DBA name be included on the DLSE form.
Your HR consultant can help make sure you are in compliance with all relevant regulations. This form and the rules surrounding it can prove to be tricky. We can help you ensure that you are properly filling out and distributing these forms and can ensure that you understand the many minutiae of the new regulations.
Reference samples of the DLSE forms can be viewed by clicking: http://www.dir.ca.gov/dlse/DLSE-Forms.htm