The Legal Side of Hiring Employees in California: What Small Business Owners Need to Know
- Posted on: May 8 2025
Growing a small business to the point that you’re ready to hire employees is an exciting stage in the life of your company. However, the moment you begin taking concrete steps to hiring, you are subject to any number of state and federal labor laws. The decisions you make could mean the difference between hiring the right employees that help your business continue growing or inviting avoidable legal problems into your life.
You deserve an experienced law firm that can guide you through the relevant laws that will govern the hiring process. Find out why Santa Barbara and Ventura, CA small business owners trust the Law Offices of Brian L. Fox, APLC to serve them.
Major Laws and Rules That Affect Hiring
A dedicated small business attorney can advise you on the specifics of California and federal labor laws as they apply to hiring workers. These are just some of the major rules you need to know about:
- Anti-discrimination: Discrimination includes not only direct acts of bias or prejudice, but taking actions that disproportionately harm protected classes (e.g. members of a certain race). Discriminatory conduct can take place at any point in hiring, from the advertisement for the position to the interview and resume review.
- Wage and hour laws: Your business is subject to both state and federal minimum wage laws (with California’s rate being substantially higher than the federal wage). There are also overtime rules which are far more generous to employees than those of other states.
- Proper worker classification: Many businesses in Santa Barbara and Ventura, CA misclassify employees as independent contractors to try to avoid extending certain benefits and legal protections to their workers. This could open the door to significant penalties.
- Required employee leave: California employees have the right to take leave for various reasons such as childbirth, sickness, medical problems, disability, and to carry out civic obligations like jury duty. Know your rules and responsibilities as a small business owner.
- Preventing harassment: Businesses with five or more employees must train their staff in harassment prevention, promptly investigate employee complaints, and prevent retaliation against employees who assert their rights. Serious consequences await businesses who ignore their legal duties.
How Your Small Business Can Avoid Legal Problems
The best way to address legal issues is to prevent them from arising in the first place. A seasoned lawyer who serves Santa Barbara and Ventura, CA small businesses is ready to help your company by:
- Educating you and your organization about the relevant labor and other laws that affect hiring
- Reviewing existing business practices to identify potential legal problems
- Taking the steps needed to correct the problems and mitigate liability
- Establishing policies and procedures to control the hiring process and thereby reduce legal risks
- Training managers and employees regarding your company’s policies and procedures
- Creating internal dispute resolution methods to deal with legal allegations connected to hiring and retaining employees
- Defending your business in the event of a lawsuit over hiring or labor laws
- Negotiating effectively for a settlement that can avoid the hassle and expense of ongoing litigation
Put Our Experience to Work for Your California Small Business
Hiring employees may sound complicated, but taking steps to better understand the law and then implementing and enforcing internal policies and procedures can save you the headache of a lawsuit. Put the experience of the Law Offices of Brian L. Fox, APLC to the test. You can call or reach us online to get started now.
Posted in: Business Law
