California Labor &
Employment Law Blog
Jan 5, 2009

California Employers Required to Send Earned Income Tax Credit Notice

Topics: Legal Information

California employers are reminded that they are required by California law to provide all employees with a notice of potential eligibility for the federal Earned Income Tax Credit. California Revenue and Taxation Code section 19853 requires that all employers provide this notice to all employees either at the same time as their annual wage summary (Form W-2), or within one week of providing the W-2. It is not sufficient to provide the notice on an employee bulletin board or through internal company mail. Instead, the notice must be hand-delivered to employees or mailed to the employees' last known home address on file with the company. The notice must generally provide instructions on how to obtain information and forms from the IRS regarding the Earned Income Tax Credit. The following sample language satisfies this requirement:

"Based on your annual earnings, you may be eligible to receive the Earned Income Tax Credit from the federal government. The Earned Income Tax Credit is a refundable federal income tax credit for low-income working individuals and families. The Earned Income Tax Credit has no effect on certain welfare benefits. In most cases, Earned Income Tax Credit payments will not be used to determine eligibility for Medicaid, supplemental security income, food stamps, low-income housing, or most temporary assistance for needy families payments. Even if you do not owe federal taxes, you must file a tax return to receive the Earned Income Tax Credit. Be sure to fill out the Earned Income Tax Credit form in the federal income tax return booklet. For information regarding your eligibility to receive the Earned Income Tax Credit, including information on how to obtain the IRS Notice 797 or Form W-5, or any other necessary forms and instructions, contact the Internal Revenue Service by calling 1-800-829-3676 or through its website at"

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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