Guide to California Employment Law for Employees

California is known for its employee-friendly labor laws. Understanding your rights as an employee ensures that you can work in a safe and lawful environment. This guide highlights key areas of California employment law, providing a concise overview of your rights and what to do if they are violated.

At-Will Employment

California is an “at-will” employment state, meaning employers or employees can terminate the employment relationship at any time without cause. However, exceptions include contracts specifying conditions for termination and terminations based on discrimination, retaliation, or other unlawful reasons.

Wages and Hours in California

The state minimum wage as of 2024 is $16.00 per hour, with some cities and counties requiring higher rates. For overtime, employees are entitled to time-and-a-half pay for hours worked over 8 in a day or 40 in a week, and double-time pay for hours worked over 12 in a day or over 8 on the seventh consecutive day of work. Employees are entitled to a 10-minute paid rest break for every 4 hours worked and a 30-minute unpaid meal break for shifts over 5 hours.

Discrimination and Harassment in The Workplace

Employers cannot discriminate or harass employees based on protected classes such as race, religion, gender, sexual orientation, age (40 and over), disability, and marital status. Employers are required to provide a harassment-free workplace, and sexual harassment (quid pro quo or hostile work environment) is strictly prohibited. Employees can report harassment internally or file complaints with the Department of Fair Employment and Housing (DFEH).

Workplace Safety

Employers must adhere to Cal/OSHA standards to maintain a safe working environment. Employees have the right to refuse unsafe work conditions they reasonably believe pose a threat without fear of retaliation.

Leaves of Absence

The California Family Rights Act (CFRA) allows up to 12 weeks of unpaid leave for family or medical reasons, such as bonding with a new child or caring for a sick family member. Employees earn at least 1 hour of paid sick leave for every 30 hours worked, and using sick leave cannot result in retaliation. Other protected leave includes pregnancy disability leave and leave for jury duty, voting, or military service.

Retaliation and Whistleblower Protection

Employers are prohibited from retaliating against employees for reporting violations of law, harassment, or unsafe conditions. Whistleblowers are protected under California Labor Code § 1102.5 when reporting unlawful or unethical practices.

Termination and Final Pay

When terminated, employees must receive their final paycheck immediately. If an employee quits with 72 hours’ notice, their final paycheck is due on the last day of work. This paycheck must include unpaid wages, accrued vacation, and commissions. Employees cannot be terminated for reasons that violate public policy, discrimination laws, or employment contracts.

Independent Contractors vs. Employees

California’s AB5 law uses the “ABC Test” to determine if a worker is an employee or an independent contractor. Employees are entitled to benefits such as minimum wage, overtime, and sick leave, while independent contractors are not.

What to Do If Your Rights Are Violated

If you believe your rights have been violated, document the issue by keeping records of incidents, communications, and relevant documentation. Report the issue internally if your company has a grievance process. You can also file complaints with agencies such as the California Labor Commissioner (for wage violations), DFEH (for discrimination or harassment), or Cal/OSHA (for safety violations). Consult an employment attorney for further guidance.

Work With Vetted California Employment Lawyers

Understanding your rights under California employment law empowers you to advocate for fair treatment in the workplace. Use this guide as a starting point, and consult legal or professional resources when needed. A fair and respectful workplace benefits everyone.