California Employment Law Requirements

Under California law, businesses must comply with several legal requirements when hiring employees. Some of the key requirements are outlined below:

1. Employment Application

   An employer must provide job applicants with a written application form that contains specific information such as the employer's contact information, job requirements, and an authorization clause allowing the employer to conduct a background check.

2. Pre-Employment Screening

   California employers are also required to conduct pre-employment checks in compliance with state and federal laws. These checks may include verifying that the candidate is legally authorized to work in the United States, checking driving records (if relevant), and conducting background checks.

3. Minimum Wage

   All California employers must pay their employees at least the minimum wage set by the state or local government, whichever rate is higher. In 2021, the California minimum wage is $13 per hour for employers with 25 or fewer employees and $14 per hour for employers with 26 or more employees.

4. Employee Classification

   Employers must also classify their employees correctly as either exempt or non-exempt. Exempt employees are not entitled to overtime pay or meal and rest breaks, whereas non-exempt employees are entitled to these benefits. If an employer misclassifies an employee, they may be subject to fines and penalties.

5. Overtime Pay

   In California, non-exempt employees who work more than eight hours in a day or 40 hours in a week are entitled to overtime pay. The rate of overtime pay is one and a half times the employee's regular rate of pay.

6. Meal and Rest Breaks

   Employers must provide non-exempt employees with meal and rest breaks. Employees who work more than five hours in a day must be provided with an unpaid 30-minute meal break. Employees who work more than 10 hours in a day must be provided with a second unpaid 30-minute meal break. Additionally, employees must be provided with a paid 10-minute rest break for every four hours worked.

7. Anti-Discrimination Laws

   Employers must comply with federal and state anti-discrimination laws when hiring employees. These laws prohibit discrimination based on legally protected characteristics such as race, gender, religion, and sexual orientation.

In addition to the above requirements, California employers are also subject to other legal obligations, such as providing workers' compensation insurance and complying with wage and hour regulations. It is important for businesses to consult with a licensed attorney to ensure compliance with all applicable laws and regulations. If a business is found to be in violation of any legal requirements, they may be subject to fines, penalties, and legal action.