272 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com LC § Description Penalty 1171.5 Inquiries re: Immigration Status. In employment proceedings, no inquiry is permitted into a person’s immigration status, unless the inquiry is necessary to comply with federal immigration law. LC 2699 7.25.5 Hiring LC § Description Penalty 432.3 Salary Inquiries. Employers in hiring must not seek or rely on an applicant’s prior compensation and benefits. Employers must, on reasonable request, provide the applicant with “the pay scale” for the position applied for. Employers may consider, in setting a salary, prior salary information the applicant discloses voluntarily and without prompting. But prior salary cannot itself justify a pay disparity. LC 2699 970 Misrepresentation of Employment Conditions to Induce Employee Move. Employers must not induce employees to move from one location to another by misrepresenting the kind, character, length of work, housing conditions surrounding work, or existence or non-existence of labor disputes. LC 972: double damages; LC 2699 973 Notice of Strike in Employment Advertisements. Employers must include notice in any job advertisement of any strike, lockout, or trade dispute. The ad must also (1) identify the person placing the ad and (2) anyone the person represents in placing the ad. LC 2699 976 No Willful Misleading Regarding Compensation or Commissions. In job advertisements or communications, employers must not willfully mislead or falsely represent to an employee or applicant the compensation or commissions that may be earned. LC 2699 1021 Hiring Unlicensed Workers by One Without State Contractor’s License. Employer incurs a civil penalty if it lacks a valid contractor’s license and employs a worker to perform services for which such a license is required. $200 per person contracted with per day 1021.5 Hiring Unlicensed Independent Contractor by One Holding State Contractor’s License. Employers who hold a valid contractor’s license incur civil penalties by hiring as an independent contractor, for services requiring a license, someone who cannot establish independent contractor status or who lacks a license. $200 per employee per day
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