California employees and job applicants often sign important employment documents. These may include offer letters, arbitration agreements, commission plans, confidentiality agreements, and workplace policies.
California Labor Code Section 432 protects people who sign these documents. It gives an employee or applicant the right to request a copy.
Other sections of the Labor Code provide additional hiring protections. These laws address salary history, unlawful contract terms, lie detector tests, and certain criminal history questions.
What Does California Labor Code 432 Require?
California Labor Code 432 states that an employee or applicant may request a copy of any signed employment-related instrument.
The law applies when the document relates to obtaining or keeping employment. The employer must provide a copy after receiving the request.
Covered documents may include:
- Employment applications containing signed certifications
- Employment contracts
- Offer letters
- Arbitration agreements
- Confidentiality agreements
- Commission or bonus agreements
- Non-solicitation provisions
- Signed policy acknowledgments
- Separation or severance agreements
Section 432 does not require employers to provide every internal record. It applies to documents signed by the employee or applicant.
How Should an Employee Request a Copy?
The statute does not require special wording. However, a written request can create a useful record.
The request should identify the document and the date it was signed. It should also ask the employer to provide a complete copy.
A simple request might state:
Please provide a complete copy of the employment agreement I signed on [date], as required by California Labor Code Section 432.
Employees should keep the request and any response. They should also preserve emails, text messages, and related documents.
Rights During the Employment Application Process
Labor Code 432 appears within California’s broader laws governing employment contracts and applications. Nearby sections create several additional protections.
These rights do not all come from Section 432 itself. They appear in separate Labor Code provisions within the same article.
Polygraph and Lie Detector Tests
Most private employers cannot require a job applicant or employee to take a polygraph or similar test. They also cannot make such testing a condition of employment.
The restriction has exceptions for federal, state, and local government agencies. An employer requesting a permitted test must provide written notice of the person’s rights.
Salary History Questions
California employers generally cannot seek an applicant’s salary history. They also cannot use prior salary to decide whether to hire someone.
An employer may ask about salary expectations. An applicant may also disclose salary history voluntarily and without prompting.
Applicants may request the position’s pay scale. Employers with at least 15 employees must include pay scales in job postings. These requirements were updated effective January 1, 2026.
Unlawful Contract Terms
An employer cannot require an employee or applicant to sign a written term that the employer knows is unlawful.
This protection appears in Labor Code Section 432.5. It may apply when an agreement asks someone to surrender a right that California law protects.
An employee should not assume every questionable term is automatically invalid. Contract enforceability can depend on the wording and surrounding facts.
Waivers of Workplace Rights
Labor Code Section 432.6 limits certain mandatory waivers involving rights under the Labor Code or the Fair Employment and Housing Act, commonly called FEHA.
The law also prohibits retaliation against applicants or employees who refuse an unlawful waiver. However, federal arbitration law can affect how Section 432.6 applies.
Employees should obtain legal advice before signing or challenging an arbitration agreement. The enforceability analysis can be complex.
Arrest and Juvenile Records
Employers generally cannot ask about an arrest or detention that did not lead to a conviction. They also face restrictions involving sealed records, diversion programs, and juvenile court matters.
Exceptions may apply to law enforcement, health facilities, and other regulated positions. California’s Fair Chance Act adds separate rules for conviction history inquiries.
The Civil Rights Department explains that covered employers generally cannot ask about conviction history before making a conditional job offer.
What If an Employer Refuses to Provide a Copy?
An employee should first send a clear written request. The request should cite California Labor Code Section 432.
If the employer refuses, the employee should preserve proof of the request. The employee may also document each follow-up attempt.
California Labor Code Section 433 provides that violations of the contracts-and-applications article may constitute misdemeanors. However, some sections have different penalties or expressly exclude Section 433.
Available remedies depend on the specific violation. They may include agency complaints, civil penalties, damages, or attorney’s fees.
How to Report a California Labor Law Violation
Workers may report certain violations to the California Labor Commissioner’s Office.
Submit a Report Online
A worker may file a Report of Labor Law Violation online. This process is separate from filing a personal wage claim.
The report gives the Labor Commissioner information about possible unlawful workplace practices. The agency decides whether to investigate.
Submit the Form by Mail or in Person
A worker may download the Report of Labor Law Violation form. The completed form may be mailed or delivered to the appropriate office.
The Department of Industrial Relations provides a directory for finding a local Labor Commissioner’s Office. The office location may depend on where the employee worked.
The Labor Commissioner explains that filing a violation report does not automatically recover unpaid wages. A separate claim may be necessary.
Filing a Separate Wage Claim
A worker seeking unpaid wages or benefits may need to file a wage claim.
Wage claims can involve:
- Unpaid minimum wages
- Unpaid overtime
- Missed meal or rest period premiums
- Unpaid commissions
- Illegal deductions
- Final paycheck violations
A wage claim is different from reporting a general labor law violation. Some employees may need to complete both processes.
When to Speak With an Employment Attorney
Employment agreements can affect valuable legal rights. An attorney can review the document and explain whether a provision may be enforceable.
Legal guidance may also help when an employer refuses to provide a signed copy. Other concerns may involve retaliation, discrimination, unpaid wages, or unlawful application questions.
Her Lawyer’s California employment attorneys assist employees with workplace disputes and employment law concerns.
Speak With a California Employment Attorney
Employees should keep copies of every document they sign. When a copy is unavailable, California Labor Code 432 provides a right to request one.
Her Lawyer, A Professional Law Corporation, is a California law firm founded by David Hakimfar, Esq. Contact Her Lawyer directly to request a consultation about an employment contract or application dispute.