This notice must be posted in a conspicuous location in the workplace and must be provided to new employees at the time of hire.
Labor Code section 90.2 requires employers to provide certain information to employees about their employment status, including whether they are classified as an employee or an independent contractor. The Notice to Employee provides information about the criteria that are used to determine whether an individual is an employee or an independent contractor.
The Notice to Employee must include the following information:
- A statement that the individual’s employment status has been determined to be either an employee or an independent contractor.
- The specific criteria that were used to make the determination.
- A statement informing the individual of their right to contest the determination.
- Contact information for the Labor Commissioner’s Office.
Employers who fail to provide the Notice to Employee or who misclassify employees as independent contractors may face penalties and other legal consequences.