Legal Question in Employment Law in California

Application laws

I was applying for a job out of state and was required to pay an application fee. It was my understanding in the state of California it was illegal to charge a fee when you apply for a job. If I apply for a job outside of the state I reside am I still required to pay the fee?


Asked on 11/25/02, 9:05 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Application laws

It is true that California law prohibits employers from charging application fees to job applicants. The question is whether this company is subject to California law.

If the company is based out of State, but you are going to work within California, my opinion is that the practice is illegal. However, if you are applying for a position where you will be working outside California, for a non-California company, I doubt that they would be subject to California law.

Less clear, is if you attend a job fair or interview within California for a job outside the State. It could be argued that the company has made sufficient contacts with the State to subject it to California labor laws. Your situation depends on the facts.

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Answered on 12/04/02, 1:41 pm


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