What legal restrictions should I be aware of when hiring employees in California?
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As an employer in California, it is important to understand the various legal restrictions that apply when hiring employees in this jurisdiction to ensure compliance with current laws and regulations.
1. Discrimination:
California law prohibits discrimination against employees or job applicants based on their race, gender, sexual orientation, religion, disability, age or other protected characteristics. This includes advertising, interviewing, hiring, promoting, and compensating employees based on non-job related factors.
2. Wage and Hour Laws:
California law requires employers to pay at least minimum wage to all employees, and wages must be paid for all hours worked. Employers must comply with rules on overtime, meal and rest breaks, and reporting time pay. In addition, employers must maintain accurate records of all hours worked and wages paid.
3. Immigration Compliance:
Employers in California are required to comply with federal laws that prohibit hiring undocumented workers. Employers must verify the identity and employment eligibility of all new hires through the use of Form I-9.
4. Workers’ Compensation:
Employers in California are required to provide workers’ compensation insurance for their employees in case of work-related injuries or illnesses. This requirement covers employees who work part-time or full-time.
5. Background Checks:
Employers may conduct a background check on potential employees but they must comply with fair credit reporting laws and state privacy laws. Any information learned from a background check should be used only as it applies to the specific job the applicant is being considered for.
6. Notice Requirements:
Employers in California are required to provide certain notices under state and federal law. This includes providing written notice to employees of their classification as employees or independent contractors, providing notices under the California Family Rights Act and the Pregnancy Disability Leave Law, and posting required workplace posters.
To ensure compliance with these legal restrictions, employers should consult with a licensed attorney experienced in California employment law. Employers should regularly review their policies and practices to ensure compliance with any changes in relevant laws and regulations. Additionally, employers should maintain accurate and up-to-date records in accordance with state and federal laws.
