California is known for its strong labor protections and comprehensive employment laws. Whether you’re a full-time employee, part-time worker, or independent contractor, it’s essential to understand your rights in the workplace. This guide breaks down key California labor laws that every worker should be aware of, helping you navigate your rights and obligations under state law.

Understanding Wage and Hour Laws

Minimum Wage Requirements

California has one of the highest minimum wages in the United States. As of 2025, the state minimum wage is $16.00 per hour for employers with 26 or more employees and $15.00 for smaller employers. However, many cities and counties have enacted higher local minimum wages. It’s important to verify whether your local area has a higher minimum wage than the state standard.

For a detailed breakdown of wage rates and updates, this California labor law resource provides a comprehensive guide by region and job type.

Overtime Pay Rules

Employees in California are entitled to overtime pay when they work more than 8 hours in a workday or 40 hours in a workweek. Overtime is calculated at one and a half times the employee’s regular rate of pay. If an employee works more than 12 hours in a single day or more than 8 hours on the seventh consecutive day of work in a week, they are entitled to double time.

Exemptions to these rules exist, particularly for salaried employees in executive, administrative, or professional roles. Still, the classification must meet strict criteria set by the California Labor Code.

Meal and Rest Breaks

Meal Breaks

Employees working more than five hours per day are entitled to an unpaid 30-minute meal break. If a shift exceeds ten hours, a second 30-minute meal break must be provided. Employers are not required to pay for meal breaks, but the break must be uninterrupted, and employees must be relieved of all duties.

Rest Breaks

In addition to meal breaks, employees are entitled to a paid 10-minute rest break for every four hours worked or a major fraction thereof. These breaks should be taken in the middle of each work period and must be duty-free.

Workplace Safety and Health

California employers are legally required to provide a safe and healthy work environment under the California Occupational Safety and Health Act (Cal/OSHA). Workers have the right to:

• Be informed of workplace hazards
• Receive proper safety training
• Refuse unsafe work without retaliation
• File complaints about unsafe conditions
  

Cal/OSHA conducts inspections and enforces penalties on employers who fail to comply with workplace safety standards. Employers must also have an Injury and Illness Prevention Program (IIPP) in place.

Discrimination and Harassment Protections

Employment Discrimination

California’s Fair Employment and Housing Act (FEHA) offers strong protections against employment discrimination. It prohibits employers from discriminating based on:

• Race
• Gender
• Sexual orientation
• Religion
• Age (40 and older)
• Disability
• National origin
• Marital status
• Medical condition
  

These protections apply to all aspects of employment, including hiring, promotions, wages, and terminations.

Harassment in the Workplace

Harassment, including sexual harassment, is prohibited in any work environment. Employers are required to provide regular training on preventing harassment and must take complaints seriously. Victims of workplace harassment have the right to file a complaint with their employer and, if necessary, with the Department of Fair Employment and Housing (DFEH).

Paid Sick Leave and Family Leave

Paid Sick Leave

California’s Healthy Workplaces, Healthy Families Act mandates that employers provide at least 24 hours (or three days) of paid sick leave per year to eligible employees. Accrual typically begins on the first day of work, at a rate of one hour for every 30 hours worked.

Employers may offer more generous policies, but they cannot provide less than the legal minimum. Paid sick leave can be used for personal illness, care of a family member, or recovery from domestic violence or sexual assault.

Family and Medical Leave

Under the California Family Rights Act (CFRA), eligible employees can take up to 12 weeks of unpaid, job-protected leave to:

• Bond with a new child
• Care for a seriously ill family member
• Address their own serious health condition
  

Employees may also be covered under the federal Family and Medical Leave Act (FMLA), which provides similar protections.

Wrongful Termination and Retaliation Protections

California is an “at-will” employment state, meaning that an employer can terminate an employee at any time, with or without cause. However, this does not allow employers to fire workers for illegal reasons, such as discrimination, retaliation, or whistleblowing.

If you believe you’ve been wrongfully terminated or retaliated against, you may have grounds for legal action. Reputable legal support, such as Shegerian Conniff, can help evaluate your case and protect your rights.

Independent Contractor vs. Employee

ABC Test and Worker Classification

California has implemented the “ABC Test” to determine whether a worker is classified as an employee or independent contractor. Under this test, a worker is presumed to be an employee unless the hiring entity can prove that:

1. The worker is free from the control and direction of the hiring entity.
2. The work performed is outside the usual course of the hiring entity’s business.
3. The worker is customarily engaged in an independently established trade or business.
   

Misclassification of employees as independent contractors can result in legal consequences, including back wages, unpaid benefits, and penalties.

Final Paychecks and Wage Disputes

Timely Payment Upon Termination

California law requires that employees who are fired or laid off receive their final paycheck immediately. If an employee resigns, the final paycheck must be provided within 72 hours, or on the last day if the employee gave at least 72 hours’ notice.

Delays in payment can result in waiting time penalties, which accrue daily until the paycheck is received.

Wage Disputes and Legal Help

If your employer has failed to pay you correctly, you can file a wage claim with the California Labor Commissioner’s Office. For more complex issues involving employment law violations, seeking help from a qualified employment attorney is often the best course of action.

Know Your Rights

California workers are afforded broad legal protections that aim to ensure fair treatment, safety, and equal opportunity in the workplace. However, understanding your rights and knowing when to take action can be difficult without proper guidance. Staying informed and seeking legal advice when necessary can help you protect your livelihood and well-being.