California HR guidance for practitioners.
Pick a topic below to see the federal rule, the CA statute, and the practitioner steps Ask HR AI walks you through in a session.
California at a glance
- Report lookback: 7 years (Cal. Civ. Code §1786.18). ICRAA caps reporting of arrests not leading to conviction and most adverse non-conviction items at seven years. Convictions may be reported beyond seven years for positions paying $125,000+ when explicitly disclosed.
- Ban-the-box: Statewide Fair Chance Act + 5+ local ordinances. Cal. Gov. Code §12952 requires a conditional offer before the criminal inquiry, an individualized assessment, and a five-business-day pre-adverse and post-adverse notice sequence. Los Angeles, San Francisco, San Diego, and Long Beach add overlays.
- Salary history: Banned (Lab. Code §432.3). Employers may not ask about prior pay and must provide a pay scale on request. SB 1162 (2023) requires the pay range in job postings for employers with 15+ workers.
- Cannabis: AB 2188 off-duty protection + non-psychoactive metabolite rule (2024). AB 2188 (effective Jan 1, 2024) prohibits adverse action based on off-duty cannabis use or on a test detecting only non-psychoactive metabolites. SB 700 bars asking about prior cannabis use. DOT-regulated and certain federal-contractor roles are carved out.
California topics
FCRA adverse action in California
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the CA guideBan-the-Box and Fair Chance hiring in California
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the CA guideWage and hour in California
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the CA guideLeaves and accommodations in California
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the CA guideDrug testing and marijuana in California
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the CA guidePay transparency and pay equity in California
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the CA guideHarassment prevention and training in California
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the CA guideBackground check basics for HR in California
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the CA guideRelated SafestHires resources for California
- California background-check rules — the underlying state-screening reference.
- California FACIS healthcare screening — Medicaid exclusion and licensing boards.
- All states — jump to another state.