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What are the legal requirements for a business in California to hire employees?

Legal Requirements for Hiring Employees in California

Employers in California are required to comply with both federal and state employment laws when hiring employees. Below are some of the legal requirements:

  1. Non-discrimination: Employers cannot discriminate based on an employee's race, color, religion, sex, national origin, age, disability, or genetic information. Additionally, California law prohibits discrimination based on sexual orientation and gender identity.
  2. Comply with wage and hour laws: Employers must pay employees at least the minimum wage, which is currently $13 per hour in California for businesses with 26 or more employees and $12 per hour for smaller businesses. Employers are also required to provide meal and rest breaks and overtime pay, if necessary.
  3. Provide workers' compensation insurance: Employers are required to carry workers' compensation insurance to cover employees in case of job-related injuries or illnesses.
  4. Obtain necessary permits and licenses: Depending on the nature of the business, employers may need to obtain permits or licenses from various state and federal agencies, such as the Department of Labor Standards Enforcement, the Employment Development Department, and the Internal Revenue Service.
  5. Verify employee eligibility to work in the United States: Employers are required to verify the employment eligibility of all employees by completing and retaining a Form I-9.
  6. Provide new hire paperwork: Employers must provide certain paperwork to new employees, including a notice regarding the rights and responsibilities of employees and employers under state and federal law and information regarding the company's workers' compensation insurance coverage.
  7. Follow privacy laws: Employers must protect the privacy of their employees' data and follow applicable data privacy laws when collecting and storing employee data.

It is important for employers to consult with an attorney or other legal professional to ensure compliance with all applicable laws and regulations. Failure to comply with legal requirements can result in fines, legal action, and damage to a company's reputation.