California Labor Laws FAQ & Employee Rights Guide

Both full-time and part-time workers in California are protected by labor laws, but some benefits may differ based on employment status.

• Full-time employees typically have access to employer-sponsored benefits, such as health insurance, retirement plans, and paid time off, though California law does not require employers to offer these benefits.
• Part-time workers, while still entitled to minimum wage, overtime pay (if applicable), and sick leave, may not always qualify for additional benefits provided to full-time employees. Despite this, part-time workers are still protected against wrongful termination, wage theft, and unsafe working conditions under California law.

Under the California Fair Employment and Housing Act (FEHA), both salaried and hourly employees are also protected from workplace discrimination and harassment based on race, gender, disability, age, sexual orientation, and other protected characteristics.

Independent contractors and freelancers do not have the same legal protections as traditional employees. However, they do have legal rights, including protections from workplace discrimination and the right to be paid according to their contract terms.

Historically, employers with special certificates could pay workers with disabilities a subminimum wage (a rate lower than the state’s minimum wage). However, under Senate Bill 639, California is phasing out subminimum wages entirely. By January 1, 2025, all workers must be paid at least the standard minimum wage, regardless of disability status.

Starting April 1, 2024, all “fast food restaurant employees” who are covered by the new law must be paid at least $20.00 per hour.

Unlike many states, California does not have a separate, lower minimum wage for tipped employees. Tipped employees must be paid the full minimum wage by their employer.

Employees who report for work but are given less than half of their usual or scheduled day’s work must be paid for half the day, no less than two hours and no more than four hours, at their regular rate of pay.

Employees must be paid at least twice per calendar month on designated regular paydays.

California law is strict about when and how final wages must be paid upon termination.

• If an employee is fired or laid off, they must receive their final paycheck immediately at the time of termination.
• If an employee resigns and gives at least 72 hours’ notice, they must be paid on their last day.
• If an employee quits without notice, their final wages must be paid within 72 hours of resignation.

Additionally, any unused, accrued vacation pay must be included in the final paycheck. Employers that fail to meet these deadlines may face penalties.

Employees are entitled to overtime at 1.5 times their regular rate of pay for hours worked beyond 8 in a day or 40 in a week.

However, some employees, such as certain salaried executives, administrators, and professionals, may be exempt from overtime pay requirements.

Employers must provide a 10-minute paid rest period for every 4 hours worked and a 30-minute meal break if the employee works more than 5 hours in a day. However, employees who work less than 3.5 hours in a day are not entitled to a break.

Employers are required to provide reasonable break time and a private, hygienic space that is not a bathroom for breastfeeding mothers.

Types of leave employers are required to allow in California:

• Family and medical leave
• Sick leave
• Jury duty leave
• Voting time leave
• Domestic violence/sexual assault leave
• Emergency response leave
• Organ/bone donation leaveSchool leave
• Military leave

However, employers are not required to provide bereavement, holiday, or vacation leave under employment laws in California.

Minors must obtain a work permit, and there are specific restrictions on the hours and types of jobs they can perform.

Salaried employees in California must meet specific job duty and salary criteria to be exempt from overtime, ensuring fair compensation for higher-level tasks.

California’s hiring laws include strong protections against employment discrimination. Employers must provide equal opportunity regardless of race, gender, age, disability, or other protected characteristics.

California follows the “at-will” employment doctrine, meaning either the employer or employee can terminate employment without cause. However, wrongful terminations based on discriminatory reasons such as your gender, race, or disability status, or in retaliation for legal rights exercise (such as claiming workers’ compensation) are illegal. In these cases you could potentially file a wrongful termination claim.

Under California’s WARN Act (Worker Adjustment and Retraining Notification Act), employers with 75 or more employees must provide 60 days’ notice before conducting mass layoffs, plant closures, or relocations that affect 50 or more workers within a 30-day period. If an employer fails to comply, affected employees may be entitled to compensation for lost wages and benefits.

Yes. If your employer violates any of California’s wage and hour laws, you can sue for them to recover the unpaid wages. Better yet, your payment will accrue your daily wages until the payment is made. The accrual is capped at 30 days.

There are numerous examples of wage and hour claims, but apply when your employer commits any of the following actions regarding your wages:

• Fails to pay the minimum wage.
• Fails to pay overtime wages.
• Fails to pay final wages on time.
• Fails to make payments for agreed to benefits.

Filing a lawsuit requires much of the same documentation and procedure as the Labor Commissioner’s Office complaint. However, the main difference is that a civil lawsuit offers the opportunity for you to recover monetary compensation based on the unpaid wages your employer kept from you.

Specifically, a civil lawsuit can help you recover:

• Unpaid wages
• Back pay
• Payments relating to missed benefits
• Liquidated damages

Generally speaking, an unpaid wage claim in California has a three year statute of limitations, meaning that you have three years from the date of the missed payment to file your lawsuit. Failing to meet this deadline could mean you won’t be able to pursue the unpaid wages.

Sometimes, the work relationship between an employer and employee breaks down. Whether it be because of pay issues, discrimination, or simply just an unsafe or hostile work environment, workers have legal rights to bring a lawsuit against their employer. Usually, if the work situation is bad enough that a lawsuit needs to be filed, then it would be logical to assume that the employee wouldn’t want to work there anymore. While it may seem like filing a lawsuit against your employer is burning a bridge, that is not always the case.

While there is no legal requirement that says an employer has to fire an employee before they can file a lawsuit, most employees still mistakenly believe this is the case. Even though it may add to an already uncomfortable work situation, filing a lawsuit against your employer for their unlawful activities adds a further layer of protection to the employee against further retaliation. In this respect, filing a lawsuit while still employed works in the employee’s favor.

Under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act, employers are required to provide reasonable accommodations to employees with disabilities. Accommodations may include modified work schedules, adjustments to workspace, or providing assistive technology. If your request is denied, you may have grounds for legal action​

Yes. Because California is an “at-will” employment state, your employer can fire you at any time, for any reason, without warning. Likewise, you can quit your job at any time you wish. Even with “at-will” employment laws, your employer cannot fire you for a discriminatory reason.

Your relationship with your employer is one that is built on trust and a common understanding. Ideally, the employer provides you with income, benefits, and job security, while you provide them with labor and production to meet the company’s goals. Sometimes, this relationship breaks down to the point that you need to quit or your employer decides to let you go. The legal term for this concept is “at-will” employment.

While this may seem like the employer holds all the power, there are certain laws in place to not only protect you, but also allow you to hold your employer accountable.

When you feel like you’re the victim of a hostile work environment, there are several steps you can take to prove it, including taking the following actions:

Report the activity to your manager or employer as soon as possible – Generally, the best course of action you can take in a hostile work environment is to report the activity to your superiors or with the human resources department as soon as possible. This puts your employer on notice that a hostile work environment is occurring and could implore them to take action to fix the problem. If they choose to do nothing, they are still violating the law.

Document everything – Proving a hostile work environment means providing evidence. This includes emails, messages, recordings, and other documentation that shows you reported the work environment and your employer either took corrective action or failed to do so. In the event that management takes no action, the evidence you collect and provide could be vital to your claim.

Explore other options – Fighting a hostile work environment takes courage, even with sufficient evidence and proof. When you report a hostile work environment to your employer, you have engaged in protected activity. At that point, if your employer fires you or retaliates against you in another way, you can file a lawsuit or register a formal complaint with the California Department of Fair Employment of Housing (DFEH), which is the administrative body responsible for enforcing California’s anti-hostile work environment laws.

It’s important to understand that just because you have legal rights to fight hostile work environments doesn’t guarantee that a potential claim will be successful. Still, providing extensive evidence is your best chance at gaining compensation.

Every case is unique, but it is common for employment law cases to take about 12-18 months to reach a final resolution. We understand that this can feel like a very long time, which is why we keep you updated throughout your case and do everything we can to keep the legal process moving forward and reach the end as quickly as possible.

At Prestige Legal Solutions P.C., we work on a contingency basis. That means that you don’t have to pay us anything unless we win on your behalf. Only if and when we win, we will take a percentage of the compensation you receive in the verdict or settlement.

The classification of a worker as an independent contractor or employee depends on the degree of control the employer has over the work performed. Employees are generally subject to more oversight and receive benefits such as overtime pay, while independent contractors have more control over how and when they perform their work. Misclassification can lead to wage violations​

In general, you can sue your employer for any violation of your rights as an employee in the workplace. However, there is a timetable in which you have to file your complaint, legally known as the “statute of limitations.” The statute of limitations is very important, because failing to file within the timeframe means you forfeit your right to bring a claim for damages.

In California, the statute of limitations depends on the type of claim you’re wanting to bring. These include:

• Wrongful termination/Hostile Work Environment/”Whistleblower” claims – two years from the date of the “adverse action”
• Wage and Hour Claims – three years
• Breach of verbal contract – four years
• Breach of written contract – two years

Because of the statute of limitations, time is of the essence if you want to sue your employer. That’s why it is in your best interest to contact us as soon as possible, so we can evaluate your case and quickly determine how to proceed.

The following types of harassment in the workplace are not allowed in the state of California: physical, verbal, sexual, digital, and visual. It is important to understand if what you are experiencing is technically considered workplace harassment or just unpleasant behavior.

Yes, under California labor laws, overtime rules state that most hourly employees in California must be paid 1.5 times their regular pay for any hours worked beyond 8 in a day or 40 in a week. Double-time pay applies after 12 hours in a single workday. However, some salaried employees may be exempt.

Yes. Under California labor laws, breaks are required. The law states that employers must provide a 30-minute unpaid meal break if an employee works more than five hours in a shift. A second meal break is required after 10 hours of work.

Under the labor laws in California, full-time employees are entitled to minimum wage, overtime pay, meal and rest breaks, and sick leave. Some employers also provide additional benefits such as health insurance, paid vacation, and retirement plans, though these are not established as California workers’ rights under law.

In most cases, California follows an at-will employment model, meaning employers can lay off workers without prior notice. However, for mass layoffs, the WARN Act requires 60 days’ notice for affected employees.

If your employer fails to meet employment laws in California, you may have legal options. Consulting an experienced employment attorney can help determine the best course of action.