Recruiting: California

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Anthony J. Oncidi, Adam W. G. Freed and Michael J. Graham, Proskauer Rose LLP

Summary

• California provides unique job services for employers and job seekers alike. See Job Match Services.
• Employers must ensure that their job advertisements comply with state and federal laws. See Advertising Dos and Don'ts.
• The Golden State has rules against English-only policies that govern many employers. Companies should use caution in advertising that only English may be spoken in the workplace. English-only rules may be discriminatory on the basis of national origin. See English-Only Rules.
• State law prohibits employers from refusing to hire or discriminating against applicants or employees for engaging in lawful, off-duty conduct. See Smokers' Rights.
• California employers with 15 or more employees must include a pay range in job postings. See Pay Transparency.
• Employers should be careful in using information they find online. Even when information accurately reflects a job applicant, an employer may violate California privacy laws if it makes an employment decision based on information that it may not legally use in the hiring process. See Social Media.
• A job application is a critical part of the recruiting process that may be used to obtain information about an individual's experience and expertise for a particular position.See Job Applications.
• California imposes unique reporting requirements for principals that hire independent contractors. These requirements cannot be overlooked at the recruiting stage. See Outsourcing and Independent Contractors.
• Employers that recruit underage workers must be aware of a host of California state laws limiting the hours and types of work that such employees may perform. See Recruiting Underage Workers.
• Berkeley requires certain employers to offer more hours to existing part-time employees before hiring additional staff. See Local Requirements.