California employment law is in many ways quite different from the employment law of other states, and these differences can significantly affect the operations of an out-of-state party who seeks to employ workers in California. As a general statement, California employment law tends to be more protective of employees than the employment law of other states. Some (but not all) of California’s employment law is contained within the California Labor Code.

The Hiring Process

A California employer may not:

  • Ask any question or make any inquiry that identifies an individual on the basis of gender, gender identity, or gender expression. 

  • Ask about or consider the criminal conviction history of a job applicant prior to making a conditional offer of employment. 

  • Ask about or consider a job applicant’s salary history or use it to determine a new employee’s starting pay

A California employer must also honor an employee’s stated gender and gender pronoun preference in employment documents. An employee may designate one of three gender options: male, female, or non-binary. Many, many more rules govern the hiring process.

Choice of Law 

In many cases, an employee who seeks legal protection (by filing a lawsuit or an administrative complaint, for example) will have the option of using local, state, or federal law, or of relying on the terms of a collective bargaining agreement. In California, the law that applies is the law whose terms are most favorable to the employee.

Joint Employers and HR Outsourcing

Many employers “outsource” some of their HR work to third parties such as temp agencies. Although this is done in California as well, you need to remember that California places severe restrictions on your ability to outsource any of your legal liabilities as an employer. You cannot outsource your liability for wages, overtime, workers’ compensation coverage, safety, or any employer liabilities under Cal/OSHA – you remain jointly liable with the third party.

Non-Compete Covenants

Non-compete covenants, whereby an employee agrees not to work for his employer’s competitor for a period after leaving the employer, are so rarely enforced by California courts that they are very nearly a dead letter. California courts are very hostile toward contractual relationships limiting an employee’s freedom after the conclusion of an employment relationship.

Sexual Harassment

California is famous for its strict regulations on sexual harassment in the workplace – and for good reason. Even hugging can support a sexual harassment lawsuit, for example, under certain circumstances. Sexual harassment training is mandatory for employers with at least five employees, and it is subject to specific requirements.

We Can Help You Adapt to a New Legal Environment

The foregoing is only a sample of some of the ways that California employment differs from that of the rest of the nation. Hiring and managing employees in California can be tricky if you are unfamiliar with local law. Call CKB Vienna today or contact us online to schedule a consultation where we can discuss your concerns. We serve clients in Rancho Cucamonga, San Bernardino County, Los Angeles County, Orange County, and Riverside County.

Hiring or handling workers in California can be difficult if you're not familiar with local policy, call us today. Learn on how we can help you.