When it comes to hiring in California, compliance is rarely straightforward. Even something as simple as asking a job applicant for their driver’s license can create legal risks for your business.
For many employers and HR professionals, this issue comes up naturally:
- You need to verify identification for I-9 purposes.
- You want to make sure applicants are “reliable” in showing up for work.
- You assume a driver’s license is a standard part of the hiring process.
But under California law, requiring a driver’s license is not always legal — and if you’re not careful, your company could be exposed to liability.
In this blog, we’ll walk through the legal requirements, the risks of missteps, and how to protect your business while maintaining a fair, compliant hiring process.
Why This Matters to California Employers
Most businesses want to simplify the hiring process, but California’s labor laws add layers of complexity. A well-intentioned question about a driver’s license can quickly cross into discrimination or non-compliance.
Pain points for employers and HR professionals include:
- Confusion about I-9 requirements. Employers know they need to verify eligibility, but they may not understand all acceptable forms of identification.
- Uncertainty about job requirements. Many roles don’t require driving, yet employers still feel compelled to request a license.
- Fear of litigation or penalties. Employment law violations, even unintentional ones, can result in lawsuits, fines, or damage to your company’s reputation.
- Managing consistency across hiring teams. Without clear policies, managers may make individual judgment calls that expose the business to risk.
This is where legal guidance makes all the difference.
What California Law Says
California law prohibits employers from requiring an applicant to have a valid driver’s license unless you can prove two specific conditions:
- Driving is an essential function of the job.
This doesn’t include commuting to and from work. Employees can take an Uber, bus, or other form of transportation. Driving must be a core duty, such as a delivery driver, field technician, or traveling salesperson. - Alternative transportation is unreasonable.
If an applicant suggests they could Uber to appointments, you, the employer, must show that this would create excessive costs or unreasonable delays compared to driving themselves.
The burden of proof is entirely on the employer.
Practical Recommendations for Employers
To stay compliant, consider these best practices:
- Review job descriptions carefully. Only require a driver’s license if driving is truly essential.
- Train your HR team and managers. Ensure everyone understands when it’s appropriate to request a license.
- Standardize your hiring process. Use consistent, documented policies for all applicants to minimize risk.
- Focus on I-9 compliance correctly. Remember, the driver’s license is only one of many acceptable documents for employment eligibility. Applicants can choose which documents to provide.
How Koegle Law Group Helps
At Koegle Law Group, we work with business owners, HR professionals, and managers to simplify California employment law and protect companies from avoidable mistakes.
Here’s how we can support you:
- Policy development & review – We help create clear hiring policies that align with state and federal law.
- Manager & HR training – We provide practical guidance to ensure your team understands what they can and cannot ask during the hiring process.
- Proactive compliance strategies – Instead of waiting for a problem, we help you identify risks before they become liabilities.
- Ongoing partnership – Employment law is always changing. Our firm works alongside you to keep your business updated and compliant.
Final Takeaway
Asking for a driver’s license during hiring may seem harmless, but in California, it’s a legal landmine. By understanding the law — and by working with an employment law partner like Koegle Law Group — you can protect your business, avoid costly mistakes, and focus on building a strong team.
Looking for a trusted legal partner for your business?
Contact Koegle Law Group to schedule a consultation and see how our team can help you navigate your employment and business law needs with confidence..
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