California Limits When Employers Can Require Driver’s Licenses

California Limits When Employers Can Require Driver’s Licenses

California has another new law.  It restricts when employers with five or more employees can say in a job posting or advertisement that a candidate must have a driver’s license.  As of January 1, 2025, it is an unlawful employment practice for an employer 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) employer reasonably expects driving to be one of the job functions for the position, and (2) employer reasonably believes that satisfying the job function using an alternative form of transportation wouldn’t be comparable in travel time or cost to the employer.  For purposes of the law, “alternative form of transportation” includes, but is not limited to using a ride-hailing service, a taxi, carpooling, bicycling, or walking.

Employers should be mindful of the potential challenges to this new law regarding how it will affect the Employment Eligibility Verification process.  If an individual is unable to provide any acceptable documentation for identity verification due to the “no license” rule in California, it could create complications in the hiring process.  It’s the employers responsibility to diligently review documents presented to ensure they are authentic and reasonably appear to belong to the employee.

To comply with the new California law, employers need to update job materials to ensure that job advertisements, applications, and other materials do not require a driver’s license for positions that don’t meet the new criteria.  For any jobs that do require a drivers license, identify a reason for the requirement, train hiring staff on the requirements of the law to avoid violations and update any employee handbook and policies accordingly. California employers are advised to act promptly to align practices with these changes to avoid penalties and ensure fair treatment of employees.

For tailored legal guidance, consult with a qualified employment attorney.  Epps & Coulson, LLP, can help you do this.  Please feel free to contact dawn@eppscoulson.com

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