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Monday, April 20, 2026

At a glance: hiring and wage & hour law in the USA (California) - Lexology

Hiring

Advertising

What are the requirements relating to advertising open positions?

Advertisements must not suggest a preference against applicants or independent contractors on the basis of race, hair texture and/or protective hairstyles, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition (e.g., cancer-related conditions and genetic characteristics), genetic information, marital status, sex, gender identity, gender expression, age (40 years and older), sexual orientation, or military and veteran status of any person.

The Governor has also recently signed new pay transparency rules that will take effect on January 1, 2023. SB 1162 requires California companies with 15 or more employees to disclose the pay scale for a position in any job posting. The employer must also, upon request, provide an employee the pay scale for the position in which the employee is currently employed.

Background checks

(a)Criminal records and arrests

As a general matter, employers are prohibited from making any non-job-related inquiries of applicants or employees that directly or indirectly express a limitation, specification, or discrimination about any protected characteristic. In addition to the federal Fair Credit Reporting Act governing the use of background checks in employment, California employers must also comply with certain requirements in the California Investigative Consumer Reporting Agencies Act and the California Consumer...



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