California Restaurants Must Reimburse Employees for Food Handling Certifications

In California, employers have a responsibility to reimburse employees for a wide range of business expenses. Previously, however, this responsibility did not typically apply to obtaining a license required by the state to perform specific job duties. California courts, in the 2015 appeal In re Acknowledgment Cases, have acknowledged the California Labor Code “does not explicitly provide that costs of employee training are to be borne by the employer, nor does it expressly exclude training costs from 'necessary expenditures or losses incurred by the employee' in direct consequence of the discharge of the employee's duties.” 

The California Division of Labor Standards Enforcement has also concluded that “[t]here is generally no requirement that an employer pay for training leading to licensure or the cost of licensure for an employee.”

The general rule that employers are not required to pay for training leading to licensure or the cost of licensure for an employee will no longer apply to employees who are required to obtain food handler certification under the California Health and Safety Code. In October, California Gov. Gavin Newsome signed a new bill that requires restaurants and food facilities to reimburse employees for expenses incurred in the process of obtaining a food handler card. 

Under Senate Bill 476, employees who are required to complete food handler training must now be paid for the time spent training and taking the required tests. Employers are also prohibited from conditioning employment on an applicant already having a valid food handler card.