Important California Labor Laws Every Employee Should Know

California stands at the forefront of worker protection in the United States, offering a comprehensive framework of labor laws that safeguard employees’ rights across various aspects of employment. These laws, which often exceed federal standards, cover a wide range of critical areas that every California worker should be aware of. From ensuring fair compensation through minimum wage and overtime regulations to mandating essential rest and meal breaks, the state’s labor code addresses fundamental needs of the workforce. It also encompasses crucial protections related to leaves, child labor restrictions, fair employment practices, and workplace safety. Additionally, California law provides robust safeguards against retaliation for workers who assert their rights and offers benefits for those facing unemployment or work related injuries. Understanding these laws is essential for both employees and employers, as they form the backbone of a fair and equitable work environment in the Golden State.

 

Wages, Rest Breaks, and Paystubs

California labor law places significant emphasis on fair compensation and employee well-being through regulations governing wages, rest breaks, and receiving paystubs. These provisions are designed to protect workers from wage theft and ensure they receive proper pay for their time and effort.

 

Minimum Wage

California’s minimum wage laws are designed to ensure fair compensation for workers across the state, with rates that have been steadily increasing over recent years. As of January 1, 2024, the state mandates a uniform minimum wage of $16.00 per hour for all employers, regardless of their size. This marks a significant progression from previous years when rates were tiered based on the number of employees. The state’s commitment to raising the minimum wage reflects its efforts to address cost of living increases and provide workers with a more livable income. It’s important to note that this rate applies to all hours worked, even for employees paid by piece, contract, day, or week which helps ensure that an employee’s total compensation meets or exceeds the minimum wage requirement for their total hours worked.

 

Local Minimum Wages in California

While California sets a statewide minimum wage, it’s crucial for employees and employers to be aware that many municipalities within the state have established their own local minimum wage ordinances. These local rates often exceed the state mandated minimum to reflect the varying costs of living across different California regions. Cities like San Francisco, Los Angeles, and Berkeley, among others, have implemented higher minimum wages to better align with local economic conditions. In situations where federal, state, and local minimum wage laws overlap, employers are obligated to adhere to the standard that is most beneficial to the employee. This means workers in these areas may be entitled to a higher hourly rate than the state minimum.

 

Exceptions to Minimum Wage Laws in California

California’s minimum wage laws, while comprehensive, do include certain exceptions to accommodate specific employment situations. These exceptions apply to a limited group of workers, including:

• Outside salespersons
• Immediate family members of the employer
• Trainee and apprentices approved by the California Division of Apprenticeship Standards.

Additionally, there are provisions for special wage rates for physically or mentally disabled employees working in nonprofit organizations, though recent legislation will phase out subminimum wages for these workers by 2025. The state also allows for a reduced rate for learner-employees during their initial training period which permits employers to pay 85% of the minimum wage for the first 160 hours of work in occupations where the employee has no prior experience. It’s important to note that these exceptions are narrowly defined, and the vast majority of California workers are entitled to at least the full minimum wage. Employers must carefully review these exceptions to ensure compliance with state labor laws.

 

California Minimum Wage for Tipped Employees

California’s approach to tipped employees sets it apart from many other states as the laws reflect the state’s commitment to ensuring fair compensation for all workers. Unlike the federal system and many other states that permit a lower minimum wage for tipped workers, California mandates that tipped employees receive the full state minimum wage as a base rate. This means that regardless of the amount of tips an employee receives, their employer must pay them at least the current state minimum wage for every hour worked. Tips are considered additional income on top of this base wage, and employees are entitled to keep the full amount of their earned tips. This policy effectively eliminates the concept of a “tipped minimum wage” in California in order to provide a more stable and predictable income for workers in service industries where tipping is common.

 

New Minimum Wage Laws

California continues to evolve its minimum wage laws to address specific industry needs and economic realities. A notable development is the new law affecting fast food restaurant employees, which sets a higher minimum wage standard for this sector. Starting April 1, 2024, eligible fast food workers across the state will be entitled to a minimum wage of $20.00 per hour which significantly exceeds the normal state minimum wage.

 

Overtime

California’s overtime laws are designed to compensate employees fairly for extended work hours and discourage excessive work schedules. Here’s an overview of California’s overtime requirements:

• Overtime rates apply to:
  • Any hours worked past 8 in a workday
  • Any hours worked past 40 in a work week
  • Hours worked on the seventh consecutive day in a workweek
• Overtime pay rates:
  • 1.5 times the regular hourly pay rate: Applies to any hours over 8 up to 12 in a workday, and also to the first 8 hours on the seventh consecutive workday
  • Double the regular rate: For hours worked beyond 12 in a workday, and for hours beyond 8 on the seventh consecutive workday

It’s important to note that all overtime hours must be paid, whether authorized or not, as employers are responsible for tracking all hours worked. However, employees are prohibited from deliberately concealing unauthorized overtime work and then claiming recovery.

 

Overtime Exceptions and Exemptions in California

California’s labor law recognizes various exceptions to standard overtime rules which allows for alternative overtime calculations in specific occupations and work arrangements:

• Workers who have agreed to flexible workweek schedules
• Healthcare professionals operating under non-standard shift patterns
• Staff in residential medical facilities where patients live on-site
• Seasonal staff at youth camps
• Caregivers working for non-profit entities
• Supervisory staff in small, assisted living facilities (under 8 residents)
• Individuals providing round-the-clock care for youth
• Emergency medical transportation personnel
• Workers at winter sports resorts
• Live-in household care providers

Exemptions from overtime provisions, where overtime pay isn’t mandatory, apply to several employee categories:

• High-level corporate staff (executives, administrators, professionals)
• Software development specialists
• Public sector employees at state and local levels
• Commission based sales representatives who work primarily off-site
• Immediate family members of the business owners including parents, spouses, & children
• Various transportation industry workers, including commercial drivers, taxi operators, and airline staff

These exceptions and exemptions are designed to accommodate the unique needs of specific industries and job roles while maintaining fair labor practices.

 

Rest and Meal Breaks

Rest Breaks:

California law mandates that employers provide their non-exempt employees with paid rest periods during the workday. 10-minute rest breaks are mandated for every four hours worked. These rest breaks must also be compensated at the normal pay rate. Employers must provide appropriate rest areas distinct from bathrooms, with break periods scheduled as near to the midpoint of each work session as feasible. The rest period officially begins when the employee reaches the designated break area which ensures that workers have full use of their allotted rest time.

Meal Breaks:

In California, non-exempt employees are entitled to meal breaks based on the length of their work shift. For shifts exceeding five hours, employers must provide a minimum 30-minute meal break. If an employee works more than 10 hours, they are eligible for a second meal break. These meal periods can be waived under specific circumstances:

• The initial meal period may be waived if the total work shift does not exceed six hours
• The second meal break can be skipped as long as the shift is less than 12 hours, and the first break was taken.

Both instances require mutual agreement between the employer and employee. If an employee is expected to remain on-site or on-call during their meal period, this time must be compensated. Failure to provide appropriate meal breaks results in a penalty, where the employer must compensate the employee with an additional hour of pay at their regular rate for each workday when an appropriate meal interval was not granted.

 

Exceptions to California Break Laws

While California’s break laws are comprehensive, there are specific situations and occupations where standard rest and meal break rules may not apply or are modified. These exceptions are designed to accommodate unique industry needs or work circumstances:

• Employees working shifts less than 3.5 hours in duration are not entitled to a rest period.
• Staff in residential care facilities may experience limitations on their rest periods due to the nature of their work.
• Employees engaged in physically demanding performances, such as dancers or professional athletes, are often entitled to additional rest time.
• In the construction industry, employers have the flexibility to stagger rest periods to maintain workflow continuity.
• Commercial fishing boat crew members must be provided with a minimum of 8 hours of rest during overnight expeditions.
• Certain transportation industry workers like truck drivers may have different break schedules to comply with both state and federal regulations.
• Emergency response personnel may have modified break schedules due to the unpredictable nature of their work.

These exceptions highlight the balance California law strives to maintain between worker well-being and operational necessities across various sectors.

 

Lactation Break Accommodations

California law mandates comprehensive lactation break accommodations for nursing mothers in the workplace. These lactation breaks should, when possible, coincide with regularly scheduled rest periods. However, if additional time is needed, employers are not obligated to compensate for this extra break time. The designated lactation area must be clean, private, and suitable for milk expression and can include the employee’s regular work area if it meets the necessary criteria. If an employer fails to provide adequate accommodation, employees have the right to file a complaint with the Bureau of Field Enforcement (BOFE), which can issue citations for non-compliance.

 

Paystubs

California law mandates that employers provide detailed paystubs to their employees with each payment of wages. These paystubs must contain comprehensive information to ensure transparency and accountability in wage payments. The required elements include:

• Any dates that were factored into the pay period shown on the paystub
• The employee’s gross earnings for that period
• Total hours worked by the employee
• A breakdown of hourly rates and corresponding hours worked at each rate
• Piece rate information if that is how the employee is compensated
• A detailed list of any deductions that were taken out
• The resulting net wages after deductions
• The employee’s name and identification number
• The official business name and location of the employer

Additionally, employers are required to display the state’s Wage Order relevant to their industry or occupation in a prominent location easily accessible to employees. This requirement ensures that workers have ready access to information about their rights and the specific regulations governing their workplace.

 

When Are Paychecks Required to Be Sent?

California’s labor laws establish specific timeframes for when employers must issue paychecks to their employees to ensure timely and regular compensation. Most employers are required to pay their workers at least twice per calendar month on predetermined paydays. These paydays must be established in advance, with employers obligated to communicate the schedule, location, and method of payment to their employees. The timing of wage payments is regulated based on the pay period:

• For labor performed from the 1st to the 15th of any given month, compensation is due by the 26th of that same month.
• For labor performed between the 16th and the last day of a month, compensation is required by the 10th of the following month.
• For other payroll schedules (weekly, biweekly, or semimonthly), wages must be paid within 7 days of the end of the pay period.
• Payment for overtime work must be made by the payday of the next regular pay period at the latest.

Specific regulations apply to salaried exempt employees who may receive monthly compensation, provided the payment is issued on or before the 26th and encompasses the full monthly salary.

 

What Should You Do if You Have a Problem with Wages, Breaks, or Paystubs?

If you encounter issues with wages, breaks, or paystubs in California, there are several steps you can take to address the situation and protect your rights:

1. Maintain detailed records of your work hours, breaks, and pay. Document daily start and end times, break periods, total hours worked, and expected compensation rates. Compare this information with your paystubs regularly.
2. Communicate with your employer about any discrepancies or concerns. Remember, it’s your legal right to raise these issues without fear of retaliation or discrimination.
3. Identify your employer clearly. Note the names of individuals responsible for hiring, paying, and supervising you, as well as the company’s official name and address.
4. Act promptly to address any issues. There are time limits for filing claims, and recent events are typically easier to substantiate.
5. Reach out to the California Labor Commissioner’s Office for information about your rights and to file a claim if necessary.
6. Consider contacting a worker advocacy organization or legal aid group for advice on your rights and potential courses of action.
7. If you’re facing persistent issues or significant violations, consult with an employment law attorney to explore your legal options and ensure your rights are fully protected.

By taking these steps, you can effectively address wage claim issues and ensure compliance with California’s labor laws.

 

Other Wage Related Laws

California’s labor laws encompass a wide range of wage related regulations beyond the basic minimum wage and overtime provisions. These laws address various aspects of employee compensation to ensure fair and comprehensive worker protection.

 

When Are Employees “Clocked In?”

California law recognizes a broad definition of when employees are considered “clocked in” and entitled to reporting time pay. This includes situations where employees have:

• Shown up to their place of employment for scheduled work
• Started working on remote assignments on a work computer
• Presented themselves at a client’s job site as required
• Begun their assigned trucking route
• Made the required pre-shift contact, such as calling the workplace two hours before their shift

These scenarios reflect the state’s commitment to compensating employees for their readiness to work, even if circumstances beyond their control prevent them from performing their duties as scheduled.

 

What About When Employees are “On Call?”

California’s approach to “on-call” time has evolved, particularly following the Ward v. Tilly’s Inc. case in February 2019. This decision broadened the interpretation of “reporting for work” to encompass situations where employees must check in remotely to confirm their shift status, not just physical presence at the workplace. Current California on-call requirements state that:

• Employees who must remain available for potential work, whether at or near the business location, are considered on-call.
• The act of phoning in to inquire about work availability is now considered equivalent to “reporting for duty,” even if the employee is not ultimately required to work that shift.
• Employers must provide compensation for on-call time, including instances where employees call in but aren’t asked to work.

To comply with these regulations, employers can either schedule shifts well in advance so employees know their work status, or provide compensation for the act of calling in regardless of whether work is performed.

 

Food Delivery Tips in California

California has taken a pioneering stance on regulating food delivery services, particularly concerning the handling of tips and gratuities. In October 2021, the state enacted Assembly Bill 286, which introduced groundbreaking legislation to ensure transparency and fairness in the food delivery industry. This law explicitly prohibits online food delivery platforms from retaining any portion of tips or gratuities intended for workers. Under this regulation, these platforms are mandated to remit the full amount of any tip or gratuity to the appropriate recipient. For delivery orders, this means the entire tip must be passed on to the person physically delivering the food or beverages. In cases of pickup orders, where applicable, the full gratuity must be directed to the food establishment itself. This goal of this legislation is to protect the earnings of gig economy workers and ensure that customer gratuities reach their intended recipients without any deductions by the intermediary platforms.

 

What is a Split Shift Premium?

California law mandates additional compensation, known as a “split shift differential,” for employees who work non-consecutive hours within a single day. This provision aims to offset the inconvenience and extra expenses workers may incur due to fragmented schedules. Even employees earning above minimum wage may qualify for this premium. Key aspects of the split shift premium include:

• The premium amount is equal to one hour of pay at the applicable state or local minimum wage.
• It must be presented as a distinct line item on the employee’s wage statement.
• Employers are responsible for tracking and compensating split shifts.

To be eligible for the split shift premium:

• The work schedule must include a non-paid, non-working period longer than a standard meal break within one workday.
• The split schedule must be employer mandated, not employee requested.
• The employee must not reside at their place of employment.

 

How Are Employees Paid?

California law establishes specific guidelines for how employees must be compensated to ensure fair and accessible payment methods. The state mandates that employees receive their wages through one of the following means:

• Cash payments
• Checks that can be cashed in full without any fees or discounts
• Direct deposit, subject to certain conditions

For check payments, employers must ensure that the checks can be cashed at an established business location within California to prevent employees from incurring additional costs or inconveniences to access their wages.

Direct deposit is permissible under California law, but only if it meets the following criteria:

• The employee has the freedom to choose their preferred financial institution
• The selected financial institution maintains a branch within California’s borders
• The employee voluntary authorizes direct deposit into an account they choose

These regulations protect employees’ rights to timely and unrestricted access to their earned wages, while also allowing for modern payment methods that suit both employer and employee needs.

 

Expense Reimbursement Laws

California labor law mandates comprehensive expense reimbursement for employees, as outlined in the state’s Labor Code. This regulation requires employers to reimburse their employees for all necessary costs and losses incurred while performing their job responsibilities. The scope of reimbursable expenses is broad and includes:

• Travel related costs
• Personal phone usage for work purposes
• Fees associated with attending conferences
• Expenses for required work uniforms
• Costs incurred while entertaining business associates
• Driving expenses, including mileage reimbursement and toll charges
• Postage fees
• Costs related to job required training and education

This law ensures that employees are not financially burdened by out of pocket expenses necessary for fulfilling their work responsibilities. It places the onus on employers to cover these costs, recognizing them as an integral part of business operations rather than an employee’s personal expense.

 

Wage Deductions

California law sets strict guidelines on wage deductions to protect employees from unfair pay reductions. Employers are permitted to make deductions from an employee’s wages under specific circumstances:

• When required by state or federal law (e.g., income tax withholding, Social Security contributions)
• Compelled by judicial decree (e.g., alimony or child support obligations)
• With the employee’s explicit written authorization

Additionally, certain other deductions are permissible, including:

• Creditor garnishments following proper legal procedures
• Tax levies imposed by government agencies

It’s important to note that these deductions must be properly documented and communicated to the employee. Any deductions outside these categories or without proper authorization may be considered illegal under California labor law.

 

Leaves

California’s labor laws provide for a variety of leave options, both mandated and optional, to ensure employees have access to time off for various personal and family needs while maintaining job protection.

 

California Required Leave

California law mandates several types of leave to protect employees’ rights and well-being. These required leaves include:

• Family and Medical Leave: Employers with 5 or more employees must provide up to 12 weeks of job protected leave under the California Family Rights Act (CFRA)
• Paid Sick Leave: All employees working for 30+ days are entitled to sick leave, accruing at 1 hour per 30 hours worked
• Jury Duty Leave: Employers must allow time off for jury duty, though it may be unpaid
• Voting Time Leave: At least 2 hours must be provided for voting with 3 days’ notice
• Domestic Violence or Sexual Assault Leave: Time off for victims to seek protection or care
• Emergency Response Leave: Unpaid leave for volunteer emergency responders
• Organ and Bone Donation Leave: Up to 60 days per year, with the first 30 business days paid
• School Related Leave: Time off for parents to attend children’s school activities or meetings
• Military Leave: Job protection for active service members and leave for military spouses
• Paid Family Leave: Up to 8 weeks of partial wage replacement for family care or bonding

These mandated leaves ensure California employees can address personal, family, civic, and health needs without jeopardizing their employment.

 

California Non-Required Leave

While California has extensive mandatory leave provisions, there are certain types of leave that employers are not legally required to provide. These non-required leaves include:

• Bereavement Leave: There is no state mandate for employers to offer time off for employees to grieve or attend funerals of loved ones.
• Vacation Time: Although common, employers are not obligated by law to provide paid vacation days. However, if a company policy does offer vacation time, any accrued but unused vacation must be paid out upon termination of employment.
• Holiday Time Off: California statutes do not mandate employers to provide holiday leave, whether compensated or uncompensated.

It’s important to note that while these leaves are not mandated, many employers choose to offer them as part of their benefits package to attract and retain employees. Additionally, if an employer does provide these types of leave, they must adhere to their established policies and any promises made in employment contracts or employee handbooks. This flexibility allows businesses to tailor their leave policies to their specific needs and workforce, while still complying with the state’s required leave laws.

 

Fair Employment Practices

California’s Fair Employment and Housing Act (FEHA) establishes comprehensive protections against workplace discrimination which apply to employers with five or more employees. The act prohibits discrimination based on a wide range of protected characteristics, including:

• Religion or spiritual beliefs
• Race, color, national origin, and ancestry
• Physical or mental disabilities
• Medical conditions and genetic information
• Marital status
• Gender or sex (encompassing pregnancy, childbirth, lactation, and associated conditions)
• Age
• Sexual orientation
• Gender identity and expression
• Military or veteran status

FEHA not only prohibits discrimination in employment practices but also explicitly bars harassment based on these protected attributes. Additionally, the act safeguards employees from retaliation for opposing, reporting, or assisting others in challenging unlawful discrimination. This comprehensive framework creates a fair and inclusive work environment to ensure that all employees are treated equitably.

 

Equal Pay

California’s commitment to wage equality is reflected in its robust equal pay laws, which go beyond federal standards. The state prohibits wage discrimination based not only on sex but also on race and ethnicity. Key aspects of California’s equal pay regulations include:

• Employers must provide equal pay for substantially similar work, regardless of job titles
• Pay differentials must be justified by bona fide factors like:
  • Seniority systems
  • Merit-based pay
  • Systems measuring quality or quantity of production
  • Education, training, or experience directly related to the job
• Prior salary history cannot, on its own, justify a wage differential
• Employers are prohibited from inquiring about a candidate’s previous salary information
• Workers have the right to openly discuss their compensation without fear of reprisal

These regulations aim to close the wage gap and ensure that compensation is based on job related factors rather than demographic characteristics.

 

Accommodations

California law mandates comprehensive accommodation requirements for employers, addressing various employee needs:

Pregnancy Accommodation: The Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions which can include modified duties, adjusted schedules, or specialized equipment.

Religious Accommodation: FEHA explicitly requires employers to accommodate employees’ religious practices and beliefs which can include time off for prayer or worship and alterations to work uniforms.

Disability Accommodation: Employers are obligated to provide reasonable workplace adjustments for qualified individuals with disabilities which can include assistive devices, special work environments, among others. California law makes it a separate violation if an employer fails to engage in the interactive process to determine appropriate accommodations

Employers must engage in good-faith discussions with employees to find suitable accommodations that don’t impose undue hardship on the business.

 

Hiring

California law imposes specific requirements on employers during the hiring process to ensure fair practices and protect applicant rights.

 

Consumer Reports & Background Checks

California law regulates the use of consumer reports, including investigative background checks, in employment decisions through the Investigative Consumer Reporting Agencies Act. Key requirements for employers include:

• Providing written notice to applicants before procuring a consumer report
• Securing written consent from the applicant to perform the background check
• Informing the applicant of their right to request a copy of the report
• Providing a copy of the report to the applicant upon request
• Notifying the applicant if adverse action is taken based on the report
• Securely disposing of the report and related information after use

For investigative consumer reports, which involve personal interviews about an individual’s character and lifestyle, additional obligations apply:

• Providing a statement of the applicant’s right to obtain the nature and scope of the investigation
• Supplying a summary of the report’s scope and substance if requested by the applicant

These regulations ensure transparency in the hiring process and protect applicants’ privacy rights while allowing employers to make informed decisions based on relevant background information.

 

Credit Checks

California’s Consumer Credit Reporting Agencies Act places strict limitations on employers’ use of credit checks during the hiring process. Under this law:

• Credit checks are permitted only for specific positions, such as law enforcement roles or jobs involving financial responsibility.
• Employers must provide clear notice to applicants when a credit check will be part of the hiring process.
• If an adverse action (such as not hiring the applicant) is taken based on the credit check results, the employer must inform the applicant.
• The notice must include the specific reason for the adverse action and information about the credit reporting agency used.
• Applicants have the right to obtain a free copy of their credit report and dispute any inaccuracies.

These regulations protect job applicants from unfair discrimination based on credit history while allowing employers to assess financial responsibility for positions where it is directly relevant to job duties. Employers must carefully consider whether a credit check is necessary and legally permissible for each position.

 

Criminal Checks

California law imposes significant restrictions on employers’ use of criminal background checks during the hiring process in order to balance a job applicants’ rights with employers’ legitimate business needs. The “Ban the Box” law, part of the Fair Employment and Housing Act, applies to employers with five or more employees and includes the following key provisions:

• Job applications may not include questions about an applicant’s criminal conviction history.
• Employers are prohibited from inquiring about or considering criminal history until after extending a conditional job offer.
• Once a conditional offer is made, employers may conduct a criminal background check.
• Employers must demonstrate that any criminal history information sought is directly job-related and consistent with business necessity.
• Certain types of criminal history are explicitly off-limits for consideration in hiring decisions:
  • Arrests that did not lead to conviction
  • Participation in pre-trial or post-trial diversion programs
  • Criminal records that have undergone legal processes to remove them from public view including sealing, expungement, or statutory elimination
  • Juvenile court records (arrests, detentions, or dispositions)
  • Misdemeanor marijuana possession convictions that occurred more than two years ago
• If contemplating unfavorable action based on criminal records, employers must:
  • Perform an individualized evaluation of the conviction’s relevance to the specific job duties
  • Inform the applicant in writing, detailing the rationale for the potential adverse decision
  • Provide a copy of the conviction history report
  • Give the applicant at least five business days to respond with evidence of inaccuracy or rehabilitation
  • Consider any information provided by the applicant before making a final decision

These regulations were established to promote fair chance hiring practices, reduce recidivism through employment opportunities, and prevent discrimination against individuals with criminal records while still allowing employers to make informed hiring decisions for positions where specific criminal history may be relevant.

 

Drug Testing

California law allows employers to conduct pre-employment drug screening, but with specific limitations and requirements to safeguard individual privacy rights:

• Employers must provide clear notice to applicants that drug testing is part of the hiring process.
• The testing must be conducted uniformly for all applicants for a particular job position.
• Random or selective testing of only certain applicants is generally not allowed.
• The testing procedure must be conducted in a manner that ensures accuracy and confidentiality.
• Employers should have a written drug testing policy outlining the procedures and consequences.
• Testing must be performed by a state licensed laboratory.
• Applicants have the right to know which specific drugs they are being tested for.
• Positive test results should be confirmed by a second, more accurate test before any adverse action is taken.
• Employers must keep test results confidential and separate from general personnel files.

While drug testing is permissible, employers should be aware of potential legal challenges, particularly if the testing process is not applied consistently or if it disproportionately affects protected groups. Additionally, with the legalization of marijuana for recreational use in California, employers should carefully consider their policies regarding cannabis detection in drug tests, as off-duty use may not necessarily indicate impairment during work hours.

 

Salary History Inquiry Restrictions

California has implemented stringent restrictions on salary history inquiries during the hiring process to promote pay equity and prevent perpetuation of wage disparities. Key aspects of these regulations include:

• Employers are prohibited from inquiring about or considering an applicant’s compensation history, including both salary and benefits information.
• Salary history cannot be used as a factor in determining whether to offer employment or what salary to offer.
• If an applicant voluntarily discloses salary history without prompting, an employer may consider this information.
• However, prior salary alone cannot be used to justify any disparity in compensation.
• Employers must disclose the salary range for a position when reasonably requested by an applicant.
• These restrictions apply to all employers, regardless of size.

These regulations help break the cycle of pay inequity by ensuring that new hires are compensated based on their qualifications and the value of the position, rather than their previous salary history.

 

Termination

California’s approach to employment termination balances the state’s “at-will” employment doctrine with specific protections for employees. Essential aspects of termination regulations in California include:

• At-will employment: Both employers and employees can generally end the employment relationship at any time without providing specific reasons. Exceptions to at-will doctrine include:
  • Terminations that violate public policy or anti-discrimination laws are prohibited.
  • Employment contracts may modify the at-will relationship.
• Final paycheck requirements: These laws specify that there are specific deadlines for disbursing final wages based on the circumstances of the employment separation. Failing to provide final pay within the allotted time frame will incur penalties for late payment.
• Mass layoff notifications: Employers must provide advance notice for large-scale layoffs under certain conditions.
• Severance pay: Severance packages are not legally required but may be mandated by company policy or employment contracts.
• Unemployment compensation: Employees who have been terminated may qualify for benefits depending on the specific circumstances of their job separation.
• COBRA continuation coverage: Employers must provide information about health insurance that extends beyond termination to ensure that employees are able to retain coverage.

While California’s at-will employment policy provides flexibility, employers must be cautious to avoid wrongful termination claims and comply with specific regulations regarding final pay and mass layoff notifications.

 

Final Paycheck in California

California law imposes strict regulations on the payment of final wages to terminated employees to ensure prompt compensation for work performed. The timing of the final paycheck depends on the circumstances of the termination:

• For employees who are involuntarily terminated (fired or laid off), the employer must provide the final paycheck immediately at the time of termination.
• If an employee resigns with at least 72 hours’ notice, their final wages are due on their last day of work.
• For employees who resign with less than 72 hours’ notice, the employer has 72 hours from the notice of resignation to provide the final paycheck.
• The last paycheck must include all earned but unpaid wages up to the moment of employment termination.
• Any accrued but unused vacation time must be paid out as part of the final wages, as California considers this earned compensation.
• If the final paycheck is not provided within the required timeframe, the employer may be subject to waiting time penalties, which can amount to up to 30 days of the employee’s average daily wage.

These regulations aim to ensure that employees receive their earned wages promptly upon termination, regardless of the circumstances of their departure. Employers must be diligent in calculating and disbursing final paychecks to avoid potential penalties and legal issues.

 

Mass Layoff Notification in California

California’s Worker Adjustment and Retraining Notification (WARN) Act provides important protections for employees facing mass layoffs or plant closures. This law applies to employers with 75 or more full-time or part-time employees and requires 60 days’ advance notice before plant closures, mass layoffs, or relocations affecting 50 or more employees within a 30 day period. The notice must be provided to affected employees, as well as state and local representatives.

To be covered under the WARN Act, employees must have worked for at least 6 of the 12 months preceding the notice date. Importantly, the 60-day notice requirement applies regardless of the percentage of the workforce affected by the layoff or closure.

The WARN Act was created to provide workers and communities with time to prepare for large-scale job losses, seek alternative employment, and access retraining opportunities. It also allows local governments to plan for the economic impact of significant layoffs or closures. While there are some exceptions to the 60-day notice requirement, such as unforeseeable business circumstances, natural disasters, or faltering companies, employers must carefully consider these requirements when planning large-scale workforce reductions to ensure compliance and avoid potential penalties.

 

Child Labor Laws in California

California has enacted comprehensive regulations to safeguard minors in the workplace while still allowing them to gain valuable work experience. These laws cover various aspects of youth employment including work permits, hour restrictions, and prohibited occupations.

All minors in California, with few exceptions, must obtain an Employment Certificate (Work Permit) before starting employment. These permits are typically issued by the minor’s school or the California Department of Labor. For minors working in the entertainment industry, permits are exclusively issued by the state Labor Department.

Work hour restrictions vary by age group:

For minors under 16:

• During non-school periods: Maximum of 8 hours daily, 48 hours weekly, or 6 days per week
• During school sessions: Maximum 3 hours per school day or 18 hours per week
• Night work prohibited from 7 p.m. to 7 a.m. (9 p.m. June 1 through Labor Day)

For minors aged 16 and 17:

• When school is not in session: Up to 8 hours a day, 48 hours per week, maximum 6 days per week
• During school sessions: Maximum 4 hours per school day, 28 hours combined work and school activities per week
• Night work prohibited from 10 p.m. (or 12:30 a.m. before non-school days) to 5 a.m.

Employers must comply with these regulations, and in cases where federal, state, or local laws overlap, the law offering the greatest protection to the minor typically applies.

 

Prohibited Occupations for Minors in California

California maintains strict regulations regarding occupations that are prohibited for minors to protect young workers from hazardous environments. These regulations encompass all federal restrictions and include additional state specific prohibitions. Minors in California are generally forbidden from working in occupations that involve:

• Handling or manufacturing explosives
• Operating motor vehicles or heavy machinery
• Mining or quarrying activities
• Logging or sawmill operations
• Operating mechanized wood-processing equipment, such as rotary saws and ribbon blade cutting machines
• Working with radioactive substances
• Operating power driven hoisting apparatus like forklifts or cranes
• Meat processing or packing
• Roofing operations
• Excavation or trenching

These prohibitions are designed to safeguard minors from occupations that pose significant risks to their health, safety, or well-being. The restrictions may vary depending on the age of the minor, with those under 16 facing more extensive limitations.

 

Safety and Health

California places a strong emphasis on workplace safety and health, with comprehensive regulations enforced by the California Division of Occupational Safety and Health (Cal/OSHA). Employers in the state have specific responsibilities to ensure a safe work environment:

1. Identify and correct workplace hazards through regular assessments
2. Develop and implement a written Injury and Illness Prevention Program
3. Provide effective safety training to employees in a language they understand
4. Secure Workers’ Compensation insurance to provide coverage for job-related injuries and illnesses
5. Keep records of workplace injuries and illnesses that require more than first aid
6. Display the Cal/OSHA poster in a visible location
7. Report severe injuries, illnesses, or fatalities to Cal/OSHA immediately

These requirements are detailed in Title 8 of the California Code of Regulations and on Cal/OSHA’s website. Employers must comply with these regulations or face potential fines and penalties.

 

Who Regulates Workplace Safety in California?

Workplace safety in California is primarily regulated by the California Division of Occupational Safety and Health (Cal/OSHA), which operates under a state plan approved by the federal Occupational Safety and Health Administration. This agency conducts on-site investigations to prevent work-related injuries and illnesses and has the authority to issue citations and penalties for violations. Cal/OSHA also offers consultation services to assist employers in voluntarily enhancing their workplace safety programs. This robust regulatory framework was designed to ensure that all workplaces in California maintain high standards of safety and health for their employees.

 

Employees Rights When It Comes to Safety in the Workplace

California law provides robust protections for employees regarding workplace safety which empowers them to actively participate in maintaining a safe work environment. Employees have the right to:

• Request information about potential workplace hazards
• Discuss health and safety concerns with coworkers or supervisors
• Suggest improvements for workplace safety
• Promptly report any issues regarding workplace safety to management
• Refuse work that poses an immediate danger to life or could cause serious injury
• File complaints with Cal/OSHA

Employees can report safety violations to Cal/OSHA anonymously, and the agency is prohibited from disclosing the complainant’s identity to the employer. Workers also have the option to seek advice from worker organizations or legal aid groups regarding their safety rights. Importantly, California law strictly prohibits employers from retaliating against employees who make good faith complaints about unsafe or unhealthy working conditions. This legal framework encourages workers to be proactive about safety and fosters a culture of open communication and continuous improvement in workplace safety practices.

 

Right to Take Action

California law strongly protects employees’ right to take action regarding workplace issues without fear of retaliation. This right encompasses several key aspects:

• Employees can inform their employers about their rights and file complaints with state agencies if they believe these rights are being violated.
• The law prohibits employers from retaliating against employees who exercise these rights, including actions such as speaking up about unpaid wages, reporting safety hazards, filing claims with state agencies, or joining with coworkers to request changes.
• Illegal forms of retaliation include termination, unfavorable work assignments, deportation threats, or interfering with future employment opportunities.

To protect themselves when taking action, employees can:

• Collaborate with coworkers to plan and act collectively
• Seek assistance from worker organizations or legal aid groups
• Document all interactions with employers regarding workplace issues
• Report problems directly to state agencies if addressing the employer seems unsafe

If retaliation occurs, employees should report it to the Labor Commissioner within six months. The Commissioner can help recover lost wages and may be able to reinstate the employee. Throughout this process, employees are encouraged to seek guidance from worker advocacy groups, legal aid organizations, or employment lawyers to understand their rights and determine the best course of action.

 

Whistleblower Protection

California law provides robust protections for whistleblowers and ensures that employees can report violations of law or unsafe working conditions without fear of retaliation. Under these regulations, employers are prohibited from creating or enforcing any policy that prevents employees from acting as whistleblowers. The law defines a whistleblower as an employee who discloses information to a government or law enforcement agency when they have reasonable cause to believe that the information exposes a violation of state or federal laws, non-adherence to state or federal regulations, or hazardous working conditions or practices.

Whistleblower protection extends to several key areas:

• Employees cannot be retaliated against for being a whistleblower
• Employees have the right to refuse participation in activities that would violate state or federal laws or regulations
• Protection is provided for exercising whistleblower rights from previous employment

This comprehensive approach to whistleblower protection encourages employees to report wrongdoing and helps maintain accountability and safety in the workplace.

 

Common Concerns When Reporting Employers

When considering reporting employer violations, employees often face common concerns that may deter them from taking action. These concerns typically stem from misconceptions about their rights or fear of retaliation:

• Immigration status: Labor laws protect all workers, regardless of their citizenship or legal status. State agencies investigating workplace violations do not inquire about immigration status and it’s illegal for employers to use immigration status as a threat.
• Fear of job loss: While the risk of speaking up exists, it’s illegal for employers to retaliate against employees who report violations. Various legal protections and strategies are available to safeguard workers who come forward.
• Language barriers: Concerns about not being understood or taken seriously due to limited English proficiency are common. However, many agencies provide services in multiple languages and are required to accommodate non-English speakers.
• Lack of documentation: Workers without pay stubs or other official records may worry they can’t prove violations. However, personal records, witness statements, and other forms of evidence can often support claims.
• Misclassification as independent contractors: Some employers incorrectly classify workers as independent contractors to avoid legal obligations. However, the law determines employment status based on the nature of the work relationship, not the employer’s designation. Many workers incorrectly classified as independent contractors are legally entitled to full employee rights and protections.

Understanding these concerns and the protections available can empower employees to assert their rights and report violations when necessary, contributing to safer and fairer workplaces for all.

 

Independent Contractor ABC Test

To determine if an employee is misclassified as an independent contractor, California uses a rigorous “ABC test.” This test, which places the burden of proof on the hiring entity and requires that to classify a worker as an independent contractor in compliance with the law, all of the following three criteria must be satisfied without exception:

1. The individual has freedom from control and direction of the hiring entity in the performance of their work.
2. The worker performs duties that fall outside the typical scope of the hiring entity’s operations.
3. The worker is regularly engaged in an independently established profession, trade, or business that falls within the same scope of work that is performed for the hiring entity.

If any of these conditions are not met, the worker must be classified as an employee. This test significantly narrows the scope of who can be considered an independent contractor in California to provide greater protections for workers. Misclassification can result in severe penalties for employers, ranging from $5,000 to $25,000 per violation, in addition to back pay and benefits owed to misclassified workers. The ABC test applies to most industries and occupations in California, although certain professions and business relationships may be exempt under specific circumstances.

 

Benefits if You Are Injured, Unemployed, or Unable to Work

California provides several programs to support workers who are injured, unemployed, or unable to work due to various circumstances to ensure financial stability and access to necessary care during challenging times.

 

If You are Injured on the Job

If you incur an injury or illness connected to your employment in California, you are eligible for workers’ compensation benefits, irrespective of fault or immigration status. These benefits cover necessary medical care and may include weekly payments for lost wages. To ensure you receive these benefits:

1. Obtain immediate medical care by dialing 911 or visiting an emergency facility if necessary.
2. Inform your employer immediately about any work related injury or illness.
3. Your employer is required to provide you with a workers’ compensation claim form within one business day of becoming aware of your injury.
4. Complete and return the claim form to your employer as soon as possible.

If your employer refuses to provide a claim form or retaliates against you for reporting an injury or filing a claim, you may need to consult with an attorney specializing in workers’ compensation cases. These attorneys typically charge a small percentage that gets deducted from any benefits awarded. Remember, workers’ compensation is your right and it’s designed to protect you during recovery from work related injuries or illnesses.

 

If You Are Unemployed

If you find yourself unemployed in California, you may be eligible for Unemployment Insurance (UI) benefits. This program provides temporary financial assistance to workers who have become unemployed through no fault of their own. To apply for UI benefits:

1. The best approach is to submit an application online via the Employment Development Department’s (EDD) website at www.edd.ca.gov/unemployment/.
2. On the website, click on “File or Reopen a UI Claim” to begin the application process.
3. If you prefer to apply by phone or need assistance, you can call the EDD at 1-800-300-5616.
4. Be prepared to provide information about your previous employment, reason for unemployment, and personal details.
5. After applying, you’ll need to certify for benefits every two weeks to continue receiving payments.

Keep in mind that eligibility criteria include having earned enough pay during the base period and being capable and available for employment. The Employment Development Department will evaluate your application to determine if you meet the eligibility requirements for benefits. If approved, you can typically receive benefits for up to 26 weeks, although extensions may be available during times of high unemployment.

 

If You Have a Non-Work- Related Disability

If you have a non-occupational disability that stops you from performing work related tasks in California, you may qualify for Disability Insurance (DI) benefits. This state-administered program offers short-term wage replacement benefits to qualifying workers. To apply for DI benefits:

1. The most efficient method is to apply online through the Employment Development Department’s (EDD) website at www.edd.ca.gov/disability/.
2. Once you reach the website, choose “SDI Online” to access the application system.
3. If you prefer, you can also file a claim by mail using a paper application form.
4. Be prepared to provide medical certification of your disability from a qualified healthcare provider.

The program usually covers roughly 60-70% of your pay, up to a maximum benefit amount, for up to 52 weeks. Eligibility requires that you have paid into the State Disability Insurance program through payroll deductions and meet minimum earnings requirements. It’s important to apply promptly, as there is a seven day waiting period before benefits begin and claims filed more than 49 days after the start of your disability may result in loss of benefits.

 

If You Need Time Off to Care for a Family Member or Bond with a Newly Born or Adopted Child

California’s Paid Family Leave (PFL) program provides financial support to eligible workers who need to take time off to care for a seriously ill family member or to bond with a new child. To apply for PFL benefits:

1. The most efficient method is to apply online through the Employment Development Department’s (EDD) website at www.edd.ca.gov/disability/.
2. Once you reach the website, select “SDI Online” to access the PFL application portal.
3. If you prefer, you can also file a claim by mail using a paper application form.
4. Be prepared to provide documentation supporting your need for leave, such as a medical certification for a family member’s illness or proof of a new child’s birth, adoption, or foster care placement.

PFL offers up to eight weeks of partial wage replacement benefits within a 12-month timeframe. The program covers approximately 60-70% of your wages, up to a maximum weekly benefit amount. Eligibility requires that you have paid into the State Disability Insurance program through payroll deductions. It’s important to note that while PFL provides wage replacement, it does not guarantee job protection, which is covered under separate leave laws such as the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).

 

Who Enforces California Labor Laws?

The enforcement of California’s labor laws is primarily the responsibility of the California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE). This agency plays a crucial role in maintaining fair and equitable working conditions throughout the state. The office investigates workplace violations, conducts hearings on labor disputes, and has the authority to issue citations and penalties to non-compliant employers. It also works to recover unpaid wages for workers and ensures that employers adhere to state labor laws regarding minimum wage, overtime, meal and rest breaks, and other workplace standards. Through these efforts, the Labor Commissioner’s Office strives to create a level playing field for law abiding employers and promote economic justice for all workers in California, regardless of their immigration status or industry. Workers can file complaints with this office if they believe their labor rights have been violated, and the agency provides resources and assistance in multiple languages to ensure accessibility for all of California’s diverse workforce.

 

What is the Labor Enforcement Task Force?

The Labor Enforcement Task Force (LETF) is a pioneering coalition led by California’s Department of Industrial Relations that is designed to combat the underground economy and promote fair labor practices. This collaborative effort brings together multiple state agencies to ensure worker protection, maintain safe working conditions, and foster healthy competition among law abiding businesses. By pooling resources and expertise, LETF works diligently to address wage theft, workplace safety violations, and other issues that undermine the state’s labor standards. The task force comprises several key governmental bodies, including:

• Alcoholic Beverage Control (ABC)
• Bureau of Automotive Repair (BAR)
• California Department of Insurance (CDI)
• California Department of Tax and Fee Administration (CDTFA)
• Contractors State License Board (CSLB)
• Division of Labor Standards Enforcement (DLSE)
• Division of Occupational Safety & Health (Cal/OSHA)
• Employment Development Department (EDD)
• State Attorney General (DOJ)

 

Where to Get Help or Report a Labor Law Violation

California provides numerous resources for workers to seek assistance or report violations of labor laws. Here’s a comprehensive guide on where to turn for help:

Labor Enforcement Task Force (LETF):

• Purpose: A collaborative program uniting multiple state agencies to ensure labor law compliance across various industries
• Website: www.dir.ca.gov/letf
• Phone: 1-855-297-5322 (toll-free)

Wage, Rest/Meal Break, or Retaliation Issues:

• Agency: Labor Commissioner’s Office (Division of Labor Standards Enforcement)
• Local Office Locator: www.dir.ca.gov/dlse/DistrictOffices.htm
• Wage Claim Information: www.dir.ca.gov/dlse/HowToFileWageClaim.htm
• Phone: 1-833-LCO-INFO (1-833-526-4636) (toll-free, English and Spanish)

Safety and Health Concerns:

• Agency: Cal/OSHA
• Local Office Finder: www.dir.ca.gov/asp/DoshZipSearch.html
• Phone: 1-833-579-0927 (toll-free, English and Spanish)

Work-Related Injuries or Illnesses:

• Agency: Division of Workers’ Compensation
• Local Office Directory: www.dir.ca.gov/dwc/ContactDWC.htm
• Information and Assistance Line: 1-800-736-7401

Employment Benefits:

• Agency: Employment Development Department (EDD)
• Unemployment Insurance: www.edd.ca.gov/unemployment
• Disability Insurance and Paid Family Leave: www.edd.ca.gov/disability
• Phone Numbers:
  • Unemployment: 1-800-300-5616
  • Disability: 1-800-480-3287
  • Family Care: 1-877-238-4373

These resources ensure that California workers have access to the necessary support and information to address labor law violations and seek appropriate assistance.

 

Contact Mesriani Law if You Have Had Your Employment Rights Violated

If you believe your employment rights have been violated, it’s crucial to seek professional legal assistance to protect your interests and ensure fair treatment. Mesriani Law Group specializes in employment law and has a proven track record of advocating for workers’ rights across California. Our experienced attorneys are well-versed in the complexities of labor laws and can provide personalized guidance tailored to your specific situation. Don’t hesitate to reach out to Mesriani Law Group for a confidential consultation. Our legal team is dedicated to advocating for your rights and helping you secure the justice and compensation you are entitled to. Reach out to us today to evaluate your case and explore your legal alternatives.

 

Labor Law FAQs

What are the work laws in California?

California has some of the most comprehensive and employee friendly labor laws in the United States. These laws cover a wide range of workplace issues including minimum wage, overtime pay, meal and rest breaks, paid sick leave, and protections against discrimination and harassment. California also has specific regulations regarding workplace safety, workers' compensation, and family and medical leave that often provide greater benefits and protections than federal laws.

How many hours straight can you legally work in California without a break?

In California, employees are entitled to a 30-minute unpaid meal break if they work more than 5 hours in a day, which must be provided no later than the end of the employee's fifth hour of work. Moreover, employees are entitled to a 10-minute compensated rest period for every 4 hours worked with these breaks ideally scheduled at the midpoint of each work segment.

What is the 7 day labor law in California?

California's day of rest law mandates that employers allow employees to take one day off within each seven day period or pay overtime for the 7th day. However, this law doesn't apply if an employee works less than 30 hours in a week or less than 6 hours in any given day of the workweek. It's important to note that employees can choose to work seven consecutive days if they wish, as long as they are properly compensated for overtime when applicable.

What is the 4-hour shift law in California?

In California, there is no specific 4-hour shift law as commonly believed. However, California does have a reporting time pay rule, which requires employers to pay employees for half their scheduled shift (with a minimum of two hours and a maximum of four hours) if they report to work but are sent home early due to lack of work or other reasons outside the employee's control. This rule aims to compensate employees for their time and travel expenses when they show up for a scheduled shift, even if full work is not available.