Prohibition on Driver’s License Requirement in Hiring Decisions
As we mentioned in an earlier blog post, SB 1100, which takes effect on January 1, 2025, makes it an unlawful employment practice for employers to include a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless both of the following conditions are satisfied: (1) the employer reasonably expects driving to be one of the job functions for the position and (2) the employer reasonably believes that satisfying the job function through an alternative form of transportation would not be comparable in travel time or cost to the employer.
As defined by the bill, “alternative form of transportation” includes, but is not limited to, the following: using a ride hailing service, using a taxi, carpooling, bicycling, and walking.
Proponents of this bill, which passed the Legislature with near unanimous consent, argued that requiring a driver’s license in order to be hired is a form of discrimination and “perpetuate[s] broader systemic biases and assumptions about who is considered a ‘desirable’ or ‘reliable’ employee.” In addition, supporters asserted that prohibiting employers from requiring applicants to have a driver’s license “will encourage employers to focus on relevant job qualifications and skills when making hiring decisions.”
To avoid committing an unlawful employment practice, employers should ensure that their job postings, advertisements, applications, and other materials, only include a driver’s license requirement if the two conditions described above are met.
Workers’ Compensation Notice Update
Current California law requires employers to post, in a conspicuous location frequented by employees, a notice that states the name of the employer’s current workers’ compensation insurance carrier, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment. Moreover, the notice must be easily understandable and posted in both English and Spanish and include specified information informing employees of their rights when they are injured on the job.
AB 1870, which takes effect on January 1, 2025, requires employers to additionally include information in the notice regarding an injured employee’s right to consult a licensed attorney to advise them of their rights under the workers’ compensation laws. The notice must also state that in most instances, attorney’s fees will be paid from an injured employee’s recovery.
While this bill does not require workers to consult an attorney, proponents of the new law contend that “it is extremely unlikely that [unrepresented workers] will receive either treatment or workers’ compensation benefits for their workplace injuries.”
To comply with the new law, employers should ensure that their workers’ compensation notices are updated to reflect this additional information.
