For many business owners, requiring a driver’s license has always been standard practice in job postings. But California’s new law, SB 1100, changes that. Signed by Governor Newsom on September 28, 2024, this law makes it illegal to demand a driver’s license in job listings unless driving is truly necessary for the role.
What does this mean for employers? It means blanket license requirements are no longer an option. Businesses must be able to prove that a job actually requires driving and that no other form of transportation could reasonably work. Otherwise, they could face legal consequences.
Driver’s License Cannot Be a Default Requirement
California employers can no longer include “Must have a valid driver’s license” in job postings unless the job actually requires driving. That means:
- If driving isn’t essential to daily work, a license cannot be required.
- If an employee drives only occasionally, requiring a license may violate the law.
For instance, an office assistant who runs occasional errands does not meet the standard. But a delivery driver does. Employers must be able to justify why a license is needed. Otherwise, they are exposing themselves to potential liability.
Alternatives Must Be Considered
Even when driving is part of the job, employers must go one step further: they must consider whether an alternative form of transportation could work. That includes:
- Public transit
- Biking
- Walking
- Carpooling
- Rideshare services
If an alternative mode of transportation can get the job done without significantly increasing costs or travel time, the employer cannot insist on a driver’s license.
For example, if a salesperson can effectively meet clients using public transit and rideshare options, an employer cannot require them to have a driver’s license. The burden is on the business to prove that no reasonable alternative exists.
Employers Must Adjust Hiring Practices
To stay compliant with SB 1100, businesses must make immediate changes to their hiring process:
- Review Job Descriptions – Employers should audit their existing job postings. If a driver’s license is listed as a requirement, they need to verify whether it’s actually necessary.
- Update Hiring Materials – Applications, job postings, and offer letters should be updated to remove blanket driver’s license requirements. If a license is required, the reason must be clearly stated.
- Train HR and Hiring Managers – Those responsible for hiring need to be educated on the new law. They should avoid casually adding “driver’s license required” unless they can legally justify it.
- Document Justifications – If a business requires a driver’s license, it should have clear documentation explaining why. This protects the company if a hiring decision is challenged.
Why This Matters for Employers
Many people, including those with disabilities, economic hardships, or immigration barriers, don’t have a license. SB 1100 makes it easier for qualified applicants to fill jobs that don’t require actual driving. If you’re unsure whether your hiring practices comply with SB 1100, Integrated General Counsel, P.C. can help. Call (925) 399-1529 for guidance on updating your job postings and protecting your business from unnecessary legal risks.
