Now that 2023 is in full swing, Employers need to make sure that their hiring practices are California Labor Compliant. These days, the market is tough no matter your industry and so is the risk with making the wrong move during the hiring process. Just because you do not hire an applicant, doesn’t mean they can’t sue you. There are many pitfalls that can occur before a new employee even starts. Are your hiring practices compliant?
To start, make sure your applicant has the job qualifications for the job you are hiring for. Do not hire to fill a void, that usually brings more problems, then taking your time to right the employee. So, how do you know someone is right for the job? Have a solid and accurate job description. This means that if this is an in-person job, and not remote, which the majority of the job seekers desire since the pandemic, state that in your job description, along with all the other criteria you expect this applicant to be able to do. Good job descriptions also help avoid misclassification, and other legal claims, down the line.
When you post your job, make sure job posting not only accurately depicts the position you are hiring for (use that job description you just wrote), but also state the range of pay for that position if you have over 15 employees to make sure you meet the new Pay Transparency Laws which went into effect on Jan. 1, 2023. Even if you are under 15 employees, it is still worthwhile to comply with this new law to avoid potential Fair Pay issues as well.
What does your application require? What about interviewing the applicant? There are many legal requirements that prohibit certain information requests from the candidate on your application if there is one. Many of these exclusions follow into the interview process itself. Make sure you know what you can, and cannot, ask in an interview with a prospective employee.
Proper hiring practices is essential to ensure that your relationship with your new employee gets off on the right foot! With new laws for 2023, the best way to avoid litigation is to ensure you follow the California Labor Code before you even post that job! The time is now to audit your business and ensure it is following the right hiring practices. Contact the Employer Lawyers at Chauvel & Glatt for a review of your hiring practices today.
This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500 for legal assistance near you. (photo credit: depositphotos.com).