🕷️ Crawler Inspector

URL Lookup

Direct Parameter Lookup

Raw Queries and Responses

1. Shard Calculation

Query:

Response:

Calculated Shard: 9 (from laksa106)

2. Crawled Status Check

Query:

curl -X POST \
  'http://laksa009.int.ahrefs:8124/' \
  -H 'Content-Type: text/plain' \
  -H 'X-ClickHouse-Database: crawler3' \
  -H 'Authorization: Basic YXBpOg==' \
  -d 'SELECT getAhrefsURLFromUnparsed(src_unparsed) AS found_url, ifNull(toUnixTimestamp(download_stamp), 0) AS crawl_time, ifNull(toUnixTimestamp(props_url_first_seen), 0) AS first_indexed_time, download_http_code AS http_code, src_unparsed AS src_unparsed, src_root_hash AS src_root_hash, history_drop_reason AS history_drop_reason, meta_title AS meta_title, meta_descriptions AS meta_descriptions, attrs_boilerpipe_text AS attrs_boilerpipe_text, attrs_markdown AS attrs_markdown, attrs_readable_markdown AS attrs_readable_markdown, meta_canonical AS meta_canonical, ml_categories_json AS ml_categories_json, ml_types_json AS ml_types_json, ml_intent_types_json AS ml_intent_types_json, meta_language AS meta_language, attrs_author AS attrs_author, ifNull(toUnixTimestamp(attrs_publish_time), 0) AS attrs_publish_time, ifNull(toUnixTimestamp(attrs_original_publish_time), 0) AS attrs_original_publish_time, ifNull(attrs_is_republished, 0) AS attrs_is_republished, ifNull(attrs_nr_words, 0) AS attrs_nr_words, ifNull(attrs_boilerpipe_nr_words, 0) AS attrs_boilerpipe_nr_words, ifNull(body_ext_links_number, 0) AS body_ext_links_number, ifNull(body_int_links_number, 0) AS body_int_links_number, ifNull(meta_nofollow, 0) AS meta_nofollow, ifNull(meta_noarchive, 0) AS meta_noarchive, ifNull(props_was_rendered, 0) AS props_was_rendered, ifNull(src_redirect, \'\') AS src_redirect, ifNull(download_time_msec, 0) AS download_time_msec, ifNull(download_ttfb_msec, 0) AS download_ttfb_msec, ifNull(download_size, 0) AS download_size FROM crawler3.page_info_local FINAL PREWHERE (src_root_hash, src_unparsed) IN ((getAhrefsRootHashFromUnparsed(getAhrefsUnparsedNoserviceFromURL(\'https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/\')), getAhrefsUnparsedNoserviceFromURL(\'https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/\'))) FORMAT JSONEachRow'

Response:

{"found_url":"https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/","crawl_time":1774306015,"first_indexed_time":1729167477,"http_code":200,"src_unparsed":"com,thomsonreuters!legal,\/blog\/california-labor-and-employment-laws\/ s443","src_root_hash":"18308515929879315809","history_drop_reason":null,"meta_title":"California labor laws with research how-to resources","meta_descriptions":["California's employment laws are stringent and strongly enforced. Learn about the key aspects of California's labor laws and where to find out more."],"attrs_boilerpipe_text":"Overview with research and how-to resources\nCalifornia laws\n• California labor and employment laws\nCalifornia has exceptionally strong legal protections for employees in areas including:\nminimum wage\novertime pay\nrequired meal and rest breaks\nworkplace safety and health\npaid sick leave\nfamily and medical leave\nworker’s compensation\nand protection against discrimination, harassment, and wrongful termination\nIn many of these areas, California employment law is more favorable to workers than the equivalent provisions under federal law.\nThis content provides an overview of California labor laws and a reliable starting place for attorneys to perform further research.\nEmployers and employees may use the State Bar of California’s\nCertified Lawyer Referral Services\nthat maintains a list of lawyer referral services that are certified by the State Bar.\nJump to ↓\nMinimum wage\nFamily and medical leave\nOvertime pay\nWorkers’ compensation\nMeal and rest breaks\nAt-Will employment\nWorkplace safety and health\nWrongful termination\nDiscrimination and harassment\nResearch and how-to resources\nPaid sick leave\nMinimum wage\nAs of January 1, 2024, California’s\nminimum wage\nis $16 per hour. However, the minimum wage is higher for workers in some industries and in some locations. For example, the minimum hourly rate for\nfast food workers\nin California is $20 per hour, as of April 1, 2024. About 40 California\ncities and counties\nhave higher minimum wages than the state’s rate. As of July 1, 2024, the city of Emeryville has the highest rate at $19.36 per hour. The California Labor Commissioner considers paying employees less than the minimum to be a form of\nwage theft\n.\nDate\nMinimum wage for employers with 25 employees or less\nMinimum wage for employers with 26 employees or more\nJanuary 1, 2017\n$10.00\/hour\n$10.50\/hour\nJanuary 1, 2018\n$10.50\/hour\n$11.00\/hour\nJanuary 1, 2019\n$11.00\/hour\n$12.00\/hour\nJanuary 1, 2020\n$12.00\/hour\n$13.00\/hour\nJanuary 1, 2021\n$13.00\/hour\n$14.00\/hour\nJanuary 1, 2022\n$14.00\/hour\n$15.00\/hour\nJanuary 1, 2023\n$15.50\/hour\n$15.50\/hour\nJanuary 1, 2024\n$16.00\/hour\n$16.00\/hour\nSource: Adapted from the\nState of California Department of Industrial Relations\nCan an employee voluntarily work for less than the minimum wage?\nNo. Employers are required to pay minimum wage. Agreements between employers and employees cannot violate laws, including the minimum wage laws, that are designed to protect employees.\nWill the California minimum wage keep on going higher?\nAlthough the minimum wage has passed the end of the\nphase-in period\n, it will continue to be adjusted for inflation every year, with a maximum annual increase of 3.5 percent. Increases are based on the national consumer price index (CPI) for urban and clerical workers. The rate will never go down, even if the CPI for a particular year is negative.\nAre employers with 25 or fewer employees still able to pay a lower minimum wage?\nNo. Since January 1, 2023, the California minimum wage has been the same for employers of all sizes.\nOvertime pay\nWith\nsome exemptions\n, nonexempt employees\nmust be paid overtime\nin California if they work more than eight hours in a workday, more than 40 hours in a workweek, or more than six days per workweek.\nWhat is the maximum number of hours an employee can work in a week under California labor laws?\nFor workers aged 18 and up, there is no maximum, as long as nonexempt employees are paid the required overtime rates. For minors, however, there are\nlimits\non how many hours they can work based on their age.\nWhat are the overtime pay requirements in California?\nNonexempt employees must be paid one-and-a-half times their regular rate of pay for hours worked:\nMore than eight hours and up to 12 hours in a day\nMore than 40 hours in a workweek\nFor the first eight hours on the seventh day of work in a workweek\nA nonexempt employee must be paid at least two times the employee’s regular pay rate for work that is:\nMore than 12 hours in a day\nMore than eight hours on the seventh day of work in a workweek\nAre salaried employees always exempt from overtime?\nNo. Salaried employees can be either exempt or nonexempt. If nonexempt, they must be paid overtime.\nMeal and rest breaks\nEmployment law in California requires workers be provided with unpaid 30-minute\nmeal breaks\nand paid 10-minute\nrest breaks\nif they work a certain number of hours in a day. They must receive one meal break if they work more than five hours in a day and a second meal break for more than 10 hours of work in a day. They’re entitled to one rest break for every four hours worked. California employees working outdoors also have the right to take\nadditional rest breaks\nin the shade when needed to cool down.\nDo California labor laws permit employees to voluntarily waive their right to take meal breaks?\nIf the employee and employer both consent:\nEmployees who work no more than six hours in a day can waive their first meal break.\nEmployees who work more than 10 but no more than 12 hours and have taken their first meal break can waive their second.\nAre employers ever required to pay for meal breaks?\nYes. Employers must pay wages at a worker’s regular rate of pay for meal breaks if, due to the nature of the work, the employee is not relieved of all duty during the entire 30-minute period and is not free to leave the premises.\nCan the break time in a 10-minute rest break be split into two five-minute breaks?\nNo. The 10 minutes in a paid rest break must be taken consecutively.\nWorkplace safety and health\nCalifornia’s\nDivision of Occupational Safety and Health (DOSH)\nprotects the health and safety of non-federal workers in California through the\nCal\/OSHA\nprogram.\nEmployer responsibilities\ninclude establishing an illness and injury prevention program, providing and maintaining safe tools and equipment, warning about potential hazards, and immediately\nreporting to Cal\/OSHA\nany work-related serious injuries or illnesses, or deaths.\nDo California workers have the right to refuse to do hazardous work?\nYes, but only if doing the work would\nviolate a Cal\/OSHA regulation\nand would create a hazard for the worker or their coworkers.\nHow much health and safety training are California employers required to provide for their employees?\nAll employers in California are required to provide health and safety training following the requirements in\nTitle 8\n. These include training for all new employees.\nAdditional requirements\nfor training topics and frequency depend on the type of work that employees are doing.\nDo California labor laws require California employers to do anything to help prevent violence in the workplace?\nYes. Effective July 1, 2024, most California employers must create and implement a written\nworkplace violence prevention plan\n.\nDiscrimination and harassment\nThe California Fair Employment and Housing Act (FEHA) and associated regulations prohibit harassment and discrimination against employees on the basis of\nprotected characteristics\n. They also prohibit retaliation against employees for asserting their rights. The\nCalifornia Equal Pay Act\nprohibits employers from paying employees less than employees of a different sex, race, or ethnicity for substantially similar work.\nAre all California employers subject to the anti-harassment and anti-discrimination provisions of the FEHA?\nThe FEHA applies to all California employers except the federal government and non-profit religious organizations. However, only employers with\nfive or more employees\nare subject to the anti-discrimination provisions. This limitation does not apply to anti-harassment provisions, which apply to employers with as few as one employee or independent contractor.\nIs it illegal to harass volunteers?\nYes. In addition to employees and job applicants, other workers are also protected against harassment in California: volunteers, unpaid interns, and independent contractors.\nDo employers have to provide sexual harassment training?\nCalifornia employers with five or more employees and public employers must provide sexual harassment training, which includes harassment based on sexual orientation, gender expression, and gender identity.\nPaid sick leave\nAs of January 1, 2024, most employees in California are entitled to 40 hours or five days —whichever is more — of\npaid sick leave\nper year to take care of themselves or a family member.\nBefore 2024\n, the previous employment law only required California employers to provide 24 hours or three days paid sick leave per year. Paid sick leave can be used for preventative care, diagnoses, healthcare for an existing condition, or for specified purposes for victims of sexual assault, stalking, or domestic violence.\nWho is eligible for paid sick leave?\nFull-time, part-time, and temporary workers who have worked for the same employer for 30 days in a year and have completed 90 days of employment for the same employer are entitled to paid sick leave.\nAre California employees entitled to use all of their sick leave days at the beginning of the year?\nCalifornia employers can choose whether to provide all sick leave days at once or to use an accrual system, where employees earn\nCalifornia laws\nfor every 30 days they work.\nDoes the requirement for employers to provide 40 hours or five days of paid sick leave per year refer to a calendar year?\nThe “per year” requirement can be any 12-month period. It can be a calendar year, fiscal year, or a 12-month period based on an employee’s start date.\nFamily and medical leave\nEligible California employees are entitled to\nup to 12 weeks of unpaid leave\nto care for their own or a family member’s serious health condition or to bond with a new child and up to five days of\nbereavement leave\n. The California Family Rights Act (CFRA) provides these rights, and the Civil Rights Department (CRD) enforces them. California workers are also covered by the federal Family Medical Leave Act (FMLA).\nHow long does an employee have to work to be eligible to take CFRA leave?\nTo be eligible,\nan employee must\n:\nWork for an employer that has five or more employees\nHave worked for that employer for more than 12 months\nHave worked at least 1,250 hours for that employer in the 12 months prior to the start of the leave\nDo California labor laws give employees the right to return to their jobs after their leave?\nYes. CFRA leave is job-protected. If an employee’s original job is no longer available, employers must offer a comparable position where possible.\nCan employees use their CFRA leave to take care of a friend?\nAs of January 1, 2023, employees can use their CFRA leave to take care of a “\ndesignated person\n.” This can be a blood relative or someone who is like family, such as a close friend or unmarried partner.\nWorkers’ compensation\nAll California employers\nare required to have workers’ compensation insurance that provides benefits for employees’ work-related injuries and illnesses. Employers must cover the cost of the insurance coverage and\ncannot ask employees\nto help pay for premiums.\nBenefits for eligible employees\nare for medical care, temporary disability, permanent disability, retraining, and death.\nWho is entitled to death benefits?\nIf an employee dies from a work-related injury or illness, their spouse, children, or other dependents are entitled to\ndeath benefits\n, including reasonable burial expenses, based on the number of dependents.\nWhat types of treatments are covered by workers’ compensation in California?\nMedical treatments must be\nevidence-based\n. The state has guidelines, including a medical treatment utilization schedule (MTUS), that covers the type, frequency, intensity, and duration of treatments for specific injuries.\nWhere do I file petitions for reconsideration, removal, or disqualification?\nPetitions\nmust be filed\nusing the\nElectronic Adjudication Management System (EAMS)\nor with the applicable district office.\nTo use EAMS\n, you’ll need to complete an e-form agreement and take an introductory training program.\nAt-Will employment\nCalifornia is an at-will state. That means that employers can fire employees, and employees can quit, for any reason, including a bad reason or no reason, as long as it’s not an illegal reason.\nGiving advance notice is not required\nunless there was a prior agreement to the contrary between the employer and employee. Keep in mind, though, that Labor Code sections 201 and 227.3 require that terminated employees receive their final paycheck, including accrued vacation time,\nimmediately at the time they are terminated\nand not have it held until the end of the pay period.\nIf there is a union contract, how does that affect at-will employment?\nThere’s an exception to at-will employment for employees covered by a collective bargaining agreement. The terms of the agreement control when and for what reasons employees can be terminated.\nWhen is terminating an employee unlawful discrimination?\nIt’s unlawful to fire an employee if there is a discriminatory motive based on\nCalifornia’s protected classes\n.\nWhat are other situations where it’s unlawful to fire an employee in California?\nUnder California labor laws, termination is unlawful if:\nIt’s done as\nretaliation\nfor employees asserting their protected rights. This includes whistleblowing, engaging in collective bargaining activities, filing a complaint with the Labor Commissioner, serving on a jury or otherwise requesting time off that employees are entitled to take.\nEmployees are fired for their political beliefs.\nThey are terminated for trivial or pretextual reasons if they have an express or implied employment contract that specifies that employees can only be terminated for good cause.\nWrongful termination\nAlthough California is an at-will state, state labor laws specifically prohibit certain reasons for termination. These include discriminating against employees based on their\nprotected characteristics\nor as\nretaliation\nfor employees engaging in activities protected by the California Labor Code or asserting their legally protected rights.\nWhat are the remedies for discriminatory wrongful termination in California?\nRemedies may include\npayment of past and future lost earnings, reinstatement in the lost job, reasonable accommodations, promotion, damages for emotional distress, punitive damages, and attorney’s fees and costs.\nWhat are examples of activities protected by California labor laws?\nIt is illegal to fire employees in California for engaging in\nprotected activities\nthat include:\nComplaining about workplace safety conditions\nEngaging in political activities\nServing on a jury or appearing as a witness in court\nFiling a claim with the California Labor Commissioner or threatening to do so\nTalking with coworkers about pay or working conditions\nJoining with coworkers to talk to the media about working conditions\nWhen is whistleblowing protected?\nEmployers may not terminate employees because of\nwhistleblowing\nactivity. This includes employees disclosing information that they reasonably believe shows a violation of state or federal law, rules, or regulations or unsafe working conditions in the employee’s workplace. Protected whistleblowing also includes employees refusing to engage in activities that would violate laws, rules, or regulations.\nFurther research and resources\nDo you need to perform further research on any of these topics? Use the curated content below featuring practices notes, templates, toolkits, and guides from Practical Law.\nPractical Law’s resources are written and maintained by over 650 dedicated full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies.\nPractice Notes\nCalifornia Employment Law Practice Notes\nPractice Note: Employee Benefits Law: Overview\nPractice Note: California Employment Laws More Favorable to Employee Plaintiffs\nEmployment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview\nCalifornia Employment Law Practice Notes\nPractice Note: Employee Benefits Law: Overview\nPractice Note: California Employment Laws More Favorable to Employee Plaintiffs\nEmployment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview\nTemplates\nPractical Law Standard Documents\nFounder’s Stock Purchase Agreement (Startups)\nTechnology Assignment Agreement (Short Form; Startups)\nProprietary Information and Inventions Agreement (Startups)\nToolkits and guides\nA Q&A guide to release of claims agreements for private employers in California. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).\nCalifornia employment law guide and toolkit\nEmployment Claims in Release Agreements: California\nCalifornia Employee Handbook Toolkit","attrs_markdown":"[Skip to content](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#body)\n\n- [Global directoryGlobal directory](https:\/\/www.thomsonreuters.com\/en\/global-gateway.html)\n\n- [Product loginsProduct logins](https:\/\/legal.thomsonreuters.com\/content\/ewp-marketing-websites\/legal\/gl\/en\/product-logins.html)\n- [Contact usContact us](https:\/\/legal.thomsonreuters.com\/content\/ewp-marketing-websites\/legal\/gl\/en\/support\/contact-us.html)\n\n[Thomson Reuters](https:\/\/legal.thomsonreuters.com\/en)\n\n[LEGAL](https:\/\/legal.thomsonreuters.com\/en)\n\n- [Products](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/)\n  Products\n  \n  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with our complete suite of products.\n  \n  [Learn more](https:\/\/legal.thomsonreuters.com\/en\/solutions\/small-law-firm?trkcode=Nav_Sol_I-19s_na_sl&trktype=internal)\n- [Insights](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/)\n  Insights\n  \n  ### Insights\n  - [Articles](https:\/\/legal.thomsonreuters.com\/en\/insights\/articles)\n  - [White papers](https:\/\/legal.thomsonreuters.com\/en\/insights\/white-papers)\n  - [Case studies](https:\/\/legal.thomsonreuters.com\/en\/insights\/case-studies)\n  - [Blog](https:\/\/legal.thomsonreuters.com\/blog\/)\n  - [Featured insights](https:\/\/legal.thomsonreuters.com\/en\/insights)\n  \n  ### Popular topics\n  - [Artificial intelligence](https:\/\/legal.thomsonreuters.com\/en\/insights\/artificial-intelligence)\n  - [Big data](https:\/\/legal.thomsonreuters.com\/en\/insights\/big-data)\n  - [Data privacy](https:\/\/legal.thomsonreuters.com\/en\/insights\/data-privacy)\n  - [Legal operations](https:\/\/legal.thomsonreuters.com\/en\/insights\/legal-operations)\n  - [Legal news](https:\/\/legal.thomsonreuters.com\/en\/insights\/legal-news)\n  - [Law firm management](https:\/\/legal.thomsonreuters.com\/en\/insights\/law-firm-management)\n- [Support center](https:\/\/legal.thomsonreuters.com\/en\/support)\n  Support center\n- [Try and buy](https:\/\/legal.thomsonreuters.com\/en\/try-buy)\n  Try and buy\n\n![](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2024\/07\/TR_Waypt_Wide_Rectangle_1-scaled-800x450.webp)\n\n[Legal Topics](https:\/\/legal.thomsonreuters.com\/blog\/topic\/legal-topics\/)\n\n# California labor and employment laws\n\n[Marjorie Richter J.D.](https:\/\/legal.thomsonreuters.com\/blog\/authors\/marjorie-richter-j-d\/)\n\nOctober 16, 2024 · 16 minute read\n\nShare\n\n- Facebook\n- Twitter\n- Linkedin\n- [Email](mailto:?body=https%3A%2F%2Flegal.thomsonreuters.com%2Fblog%2Fcalifornia-labor-and-employment-laws%2F&subject=California%20labor%20and%20employment%20laws%20%7C%20Thomson%20Reuters%20Law%20Blog \"Email\")\n\n[Marjorie Richter J.D.](https:\/\/legal.thomsonreuters.com\/blog\/authors\/marjorie-richter-j-d\/)\n\nOctober 16, 2024 · 16 minute read\n\nShare\n\n- Facebook\n- Twitter\n- Linkedin\n- [Email](mailto:?body=https%3A%2F%2Flegal.thomsonreuters.com%2Fblog%2Fcalifornia-labor-and-employment-laws%2F&subject=California%20labor%20and%20employment%20laws%20%7C%20Thomson%20Reuters%20Law%20Blog \"Email\")\n\nOverview with research and how-to resources\n\n[California laws](https:\/\/www.dir.ca.gov\/dlse\/California-Paid-Sick-Leave.html#main-content) • California labor and employment laws\n\nCalifornia has exceptionally strong legal protections for employees in areas including:\n\n- minimum wage\n- overtime pay\n- required meal and rest breaks\n- workplace safety and health\n- paid sick leave\n- family and medical leave\n- worker’s compensation\n- and protection against discrimination, harassment, and wrongful termination\n\nIn many of these areas, California employment law is more favorable to workers than the equivalent provisions under federal law.\n\nThis content provides an overview of California labor laws and a reliable starting place for attorneys to perform further research.\n\nEmployers and employees may use the State Bar of California’s [Certified Lawyer Referral Services](https:\/\/www.calbar.ca.gov\/Public\/Need-Legal-Help\/Certified-Lawyer-Referral-Services-Directory \"Certified Lawyer Referral Services\") that maintains a list of lawyer referral services that are certified by the State Bar.\n\nJump to ↓\n\n|   |   |   |   |\n|---|---|---|---|\n|   |   |   | [Family and medical leave](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#family-and-medical-leave) |\n|   |   |   |   |\n| [Minimum wage](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#minimum-wage) |   |   |   |\n|   | [Overtime pay](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#overtime-pay) |   | [Workers’ compensation](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#workers-compensation) |\n|   | [Meal and rest breaks](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#meal-and-rest-breaks) |   | [At-Will employment](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#at-will-employment) |\n|   | [Workplace safety and health](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#workplace-safety-and-health) |   | [Wrongful termination](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#wrongful-termination) |\n|   | [Discrimination and harassment](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#discrimination-and-harassment) |   | [Research and how-to resources](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#how-to-resources) |\n|   | [Paid sick leave](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#paid-sick-leave) |   |   |\n\n[![Practical Law](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2024\/10\/Screenshot-2024-10-16-at-11.07.36-AM.png)](https:\/\/content.next.westlaw.com\/practical-law\/california\/california-labor-employment?transitionType=ListViewType&amp;contextData=\$sc.Default\$&amp;navId=1547F84F82AC0F711BA1FE97A5EF4F11&amp;contentType=KNOWHOW&amp;querySubmissionGuid=i0a89c3bf0000019295fca138f3fe3d3d&amp;sortType=DATE_DESCENDING&amp;categoryPageUrl=Home%2FPracticalLaw%2FPracticalLawCalifornia%2FCaliforniaLaborEmployment)\n\n## Practical Law\nCalifornia labor and employment law content\n\n[View resources ↗](https:\/\/content.next.westlaw.com\/practical-law\/california\/california-labor-employment?transitionType=ListViewType&amp;contextData=\$sc.Default\$&amp;navId=1547F84F82AC0F711BA1FE97A5EF4F11&amp;contentType=KNOWHOW&amp;querySubmissionGuid=i0a89c3bf0000019295fca138f3fe3d3d&amp;sortType=DATE_DESCENDING&amp;categoryPageUrl=Home%2FPracticalLaw%2FPracticalLawCalifornia%2FCaliforniaLaborEmployment)\n## Minimum wage\nAs of January 1, 2024, California’s [minimum wage](https:\/\/www.dir.ca.gov\/dlse\/faq_minimumwage.htm) is \\$16 per hour. However, the minimum wage is higher for workers in some industries and in some locations. For example, the minimum hourly rate for [fast food workers](https:\/\/www.dir.ca.gov\/dlse\/Fast-Food-Minimum-Wage-FAQ.htm) in California is \\$20 per hour, as of April 1, 2024. About 40 California [cities and counties](https:\/\/laborcenter.berkeley.edu\/inventory-of-us-city-and-county-minimum-wage-ordinances\/#s-2) have higher minimum wages than the state’s rate. As of July 1, 2024, the city of Emeryville has the highest rate at \\$19.36 per hour. The California Labor Commissioner considers paying employees less than the minimum to be a form of [wage theft](https:\/\/www.dir.ca.gov\/dlse\/Examples_of_Wage_Theft.html).\n\n| Date | Minimum wage for employers with 25 employees or less | Minimum wage for employers with 26 employees or more |\n|---|---|---|\n| January 1, 2017 | \\$10.00\/hour | \\$10.50\/hour |\n| January 1, 2018 | \\$10.50\/hour | \\$11.00\/hour |\n| January 1, 2019 | \\$11.00\/hour | \\$12.00\/hour |\n| January 1, 2020 | \\$12.00\/hour | \\$13.00\/hour |\n| January 1, 2021 | \\$13.00\/hour | \\$14.00\/hour |\n| January 1, 2022 | \\$14.00\/hour | \\$15.00\/hour |\n| January 1, 2023 | \\$15.50\/hour | \\$15.50\/hour |\n| January 1, 2024 | \\$16.00\/hour | \\$16.00\/hour |\n\nSource: Adapted from the [State of California Department of Industrial Relations](https:\/\/www.dir.ca.gov\/dlse\/faq_minimumwage.htm)\n\n###\n### Can an employee voluntarily work for less than the minimum wage?\nNo. Employers are required to pay minimum wage. Agreements between employers and employees cannot violate laws, including the minimum wage laws, that are designed to protect employees.\n\n### Will the California minimum wage keep on going higher?\nAlthough the minimum wage has passed the end of the [phase-in period](https:\/\/www.dir.ca.gov\/dlse\/sb3_faq.htm), it will continue to be adjusted for inflation every year, with a maximum annual increase of 3.5 percent. Increases are based on the national consumer price index (CPI) for urban and clerical workers. The rate will never go down, even if the CPI for a particular year is negative.\n\n### Are employers with 25 or fewer employees still able to pay a lower minimum wage?\nNo. Since January 1, 2023, the California minimum wage has been the same for employers of all sizes.\n\n## Overtime pay\nWith [some exemptions](https:\/\/www.dir.ca.gov\/dlse\/faq_overtimeexemptions.htm), nonexempt employees [must be paid overtime](https:\/\/www.dir.ca.gov\/dlse\/faq_overtime.htm) in California if they work more than eight hours in a workday, more than 40 hours in a workweek, or more than six days per workweek.\n\n### What is the maximum number of hours an employee can work in a week under California labor laws?\nFor workers aged 18 and up, there is no maximum, as long as nonexempt employees are paid the required overtime rates. For minors, however, there are [limits](https:\/\/www.dir.ca.gov\/dlse\/minorssummarycharts.pdf) on how many hours they can work based on their age.\n\n### What are the overtime pay requirements in California?\nNonexempt employees must be paid one-and-a-half times their regular rate of pay for hours worked:\n\n- More than eight hours and up to 12 hours in a day\n- More than 40 hours in a workweek\n- For the first eight hours on the seventh day of work in a workweek\n\nA nonexempt employee must be paid at least two times the employee’s regular pay rate for work that is:\n\n- More than 12 hours in a day\n- More than eight hours on the seventh day of work in a workweek\n### Are salaried employees always exempt from overtime?\nNo. Salaried employees can be either exempt or nonexempt. If nonexempt, they must be paid overtime.\n\n## Meal and rest breaks\nEmployment law in California requires workers be provided with unpaid 30-minute [meal breaks](https:\/\/www.dir.ca.gov\/dlse\/FAQ_MealPeriods.htm) and paid 10-minute [rest breaks](https:\/\/www.dir.ca.gov\/dlse\/FAQ_RestPeriods.htm) if they work a certain number of hours in a day. They must receive one meal break if they work more than five hours in a day and a second meal break for more than 10 hours of work in a day. They’re entitled to one rest break for every four hours worked. California employees working outdoors also have the right to take [additional rest breaks](https:\/\/www.99calor.org\/Prevent-Heat-Illness.html) in the shade when needed to cool down.\n\n### Do California labor laws permit employees to voluntarily waive their right to take meal breaks?\nIf the employee and employer both consent:\n\n- Employees who work no more than six hours in a day can waive their first meal break.\n- Employees who work more than 10 but no more than 12 hours and have taken their first meal break can waive their second.\n### Are employers ever required to pay for meal breaks?\nYes. Employers must pay wages at a worker’s regular rate of pay for meal breaks if, due to the nature of the work, the employee is not relieved of all duty during the entire 30-minute period and is not free to leave the premises.\n\n### Can the break time in a 10-minute rest break be split into two five-minute breaks?\nNo. The 10 minutes in a paid rest break must be taken consecutively.\n\n## Workplace safety and health\nCalifornia’s [Division of Occupational Safety and Health (DOSH)](https:\/\/www.dir.ca.gov\/occupational_safety.html) protects the health and safety of non-federal workers in California through the [Cal\/OSHA](https:\/\/www.dir.ca.gov\/dosh\/) program. [Employer responsibilities](https:\/\/www.dir.ca.gov\/dosh\/EmployerInformation.htm \"Employer responsibilities\") include establishing an illness and injury prevention program, providing and maintaining safe tools and equipment, warning about potential hazards, and immediately [reporting to Cal\/OSHA](https:\/\/www.dir.ca.gov\/dosh\/report-accident-or-injury.html) any work-related serious injuries or illnesses, or deaths.\n\n### Do California workers have the right to refuse to do hazardous work?\nYes, but only if doing the work would [violate a Cal\/OSHA regulation](https:\/\/www.dir.ca.gov\/dosh\/documents\/health-and-safety-rights-for-workers.pdf) and would create a hazard for the worker or their coworkers.\n\n### How much health and safety training are California employers required to provide for their employees?\nAll employers in California are required to provide health and safety training following the requirements in [Title 8](https:\/\/www.dir.ca.gov\/title8\/3203.html). These include training for all new employees. [Additional requirements](https:\/\/www.dir.ca.gov\/dosh\/etools\/09-002\/whatrequired.htm) for training topics and frequency depend on the type of work that employees are doing.\n\n### Do California labor laws require California employers to do anything to help prevent violence in the workplace?\nYes. Effective July 1, 2024, most California employers must create and implement a written [workplace violence prevention plan](https:\/\/www.dir.ca.gov\/dosh\/workplace-violence.html).\n\n[![Employment Law resources](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2024\/09\/TR4738714_03A_2500x1406-1-690x388.webp)![Employment Law resources](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2024\/09\/TR4738714_03A_2500x1406-1-690x388.webp)](https:\/\/legal.thomsonreuters.com\/en\/insights\/white-papers\/practical-law-resources-for-employment-attorneys\/form)\n\n## Employment Law resources\nPractical Law resources from Thomson Reuters attorney-editors\n\n[Discover expert insights ↗](https:\/\/legal.thomsonreuters.com\/en\/insights\/white-papers\/practical-law-resources-for-employment-attorneys\/form)\n###\n## Discrimination and harassment\nThe California Fair Employment and Housing Act (FEHA) and associated regulations prohibit harassment and discrimination against employees on the basis of [protected characteristics](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2023\/01\/Workplace-Discrimination-Poster_ENG.pdf). They also prohibit retaliation against employees for asserting their rights. The [California Equal Pay Act](https:\/\/www.dir.ca.gov\/dlse\/california_equal_pay_act.htm) prohibits employers from paying employees less than employees of a different sex, race, or ethnicity for substantially similar work.\n\n### Are all California employers subject to the anti-harassment and anti-discrimination provisions of the FEHA?\nThe FEHA applies to all California employers except the federal government and non-profit religious organizations. However, only employers with [five or more employees](https:\/\/calcivilrights.ca.gov\/employment\/#faqABody) are subject to the anti-discrimination provisions. This limitation does not apply to anti-harassment provisions, which apply to employers with as few as one employee or independent contractor.\n\n### Is it illegal to harass volunteers?\nYes. In addition to employees and job applicants, other workers are also protected against harassment in California: volunteers, unpaid interns, and independent contractors.\n\n### Do employers have to provide sexual harassment training?\nCalifornia employers with five or more employees and public employers must provide sexual harassment training, which includes harassment based on sexual orientation, gender expression, and gender identity.\n\n## Paid sick leave\nAs of January 1, 2024, most employees in California are entitled to 40 hours or five days —whichever is more — of [paid sick leave](https:\/\/legal.thomsonreuters.com\/blog\/paid-sick-leave-laws-and-the-family-and-medical-leave-act\/) per year to take care of themselves or a family member. [Before 2024](https:\/\/www.dir.ca.gov\/dlse\/Paid_Sick_Leave.htm), the previous employment law only required California employers to provide 24 hours or three days paid sick leave per year. Paid sick leave can be used for preventative care, diagnoses, healthcare for an existing condition, or for specified purposes for victims of sexual assault, stalking, or domestic violence.\n\n### Who is eligible for paid sick leave?\nFull-time, part-time, and temporary workers who have worked for the same employer for 30 days in a year and have completed 90 days of employment for the same employer are entitled to paid sick leave.\n\n### Are California employees entitled to use all of their sick leave days at the beginning of the year?\nCalifornia employers can choose whether to provide all sick leave days at once or to use an accrual system, where employees earn [California laws](https:\/\/www.dir.ca.gov\/dlse\/California-Paid-Sick-Leave.html#main-content) for every 30 days they work.\n\n### Does the requirement for employers to provide 40 hours or five days of paid sick leave per year refer to a calendar year?\nThe “per year” requirement can be any 12-month period. It can be a calendar year, fiscal year, or a 12-month period based on an employee’s start date.\n\n## Family and medical leave\nEligible California employees are entitled to [up to 12 weeks of unpaid leave](https:\/\/calcivilrights.ca.gov\/family-medical-pregnancy-leave\/) to care for their own or a family member’s serious health condition or to bond with a new child and up to five days of [bereavement leave](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2023\/04\/Bereavement-Leave_AB-1949_FAQ_ENG.pdf). The California Family Rights Act (CFRA) provides these rights, and the Civil Rights Department (CRD) enforces them. California workers are also covered by the federal Family Medical Leave Act (FMLA).\n\n### How long does an employee have to work to be eligible to take CFRA leave?\nTo be eligible, [an employee must](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2022\/12\/Family-Care-and-Medical-Leave-Fact-Sheet_ENG.pdf):\n\n- Work for an employer that has five or more employees\n- Have worked for that employer for more than 12 months\n- Have worked at least 1,250 hours for that employer in the 12 months prior to the start of the leave\n### Do California labor laws give employees the right to return to their jobs after their leave?\nYes. CFRA leave is job-protected. If an employee’s original job is no longer available, employers must offer a comparable position where possible.\n\n### Can employees use their CFRA leave to take care of a friend?\nAs of January 1, 2023, employees can use their CFRA leave to take care of a “[designated person](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2023\/02\/Expanded-Family-And-Medical-Leave_ENG.pdf).” This can be a blood relative or someone who is like family, such as a close friend or unmarried partner.\n\n## Workers’ compensation\n[All California employers](https:\/\/www.dir.ca.gov\/dwc\/Employer.htm) are required to have workers’ compensation insurance that provides benefits for employees’ work-related injuries and illnesses. Employers must cover the cost of the insurance coverage and [cannot ask employees](https:\/\/www.dir.ca.gov\/dwc\/faqs.html) to help pay for premiums. [Benefits for eligible employees](https:\/\/www.dir.ca.gov\/dwc\/WCFaqIW.html) are for medical care, temporary disability, permanent disability, retraining, and death.\n\n### Who is entitled to death benefits?\nIf an employee dies from a work-related injury or illness, their spouse, children, or other dependents are entitled to [death benefits](https:\/\/www.dir.ca.gov\/dwc\/WorkersCompensationBenefits.htm#DeathBenefits \"death benefits\"), including reasonable burial expenses, based on the number of dependents.\n\n### What types of treatments are covered by workers’ compensation in California?\nMedical treatments must be [evidence-based](https:\/\/www.dir.ca.gov\/dwc\/Attorney.htm). The state has guidelines, including a medical treatment utilization schedule (MTUS), that covers the type, frequency, intensity, and duration of treatments for specific injuries.\n\n### Where do I file petitions for reconsideration, removal, or disqualification?\nPetitions [must be filed](https:\/\/www.dir.ca.gov\/wcab\/WCAB_PetitionforReconsideration.htm) using the [Electronic Adjudication Management System (EAMS)](https:\/\/www.dir.ca.gov\/dwc\/eams\/EAMS_EformsFilers.html) or with the applicable district office. [To use EAMS](https:\/\/www.dir.ca.gov\/dwc\/eams\/EAMS_EformsFilers.html), you’ll need to complete an e-form agreement and take an introductory training program.\n\n## At-Will employment\nCalifornia is an at-will state. That means that employers can fire employees, and employees can quit, for any reason, including a bad reason or no reason, as long as it’s not an illegal reason. [Giving advance notice is not required](https:\/\/www.dir.ca.gov\/dlse\/TerminationOfEmployment.pdf) unless there was a prior agreement to the contrary between the employer and employee. Keep in mind, though, that Labor Code sections 201 and 227.3 require that terminated employees receive their final paycheck, including accrued vacation time, [immediately at the time they are terminated](https:\/\/www.dir.ca.gov\/dlse\/faq_paydays.htm) and not have it held until the end of the pay period.\n\n### If there is a union contract, how does that affect at-will employment?\nThere’s an exception to at-will employment for employees covered by a collective bargaining agreement. The terms of the agreement control when and for what reasons employees can be terminated.\n\n### When is terminating an employee unlawful discrimination?\nIt’s unlawful to fire an employee if there is a discriminatory motive based on [California’s protected classes](https:\/\/www.senate.ca.gov\/protected-classes).\n\n### What are other situations where it’s unlawful to fire an employee in California?\nUnder California labor laws, termination is unlawful if:\n\n- It’s done as [retaliation](https:\/\/www.dir.ca.gov\/dlse\/howtofilelinkcodesections.htm) for employees asserting their protected rights. This includes whistleblowing, engaging in collective bargaining activities, filing a complaint with the Labor Commissioner, serving on a jury or otherwise requesting time off that employees are entitled to take.\n- Employees are fired for their political beliefs.\n- They are terminated for trivial or pretextual reasons if they have an express or implied employment contract that specifies that employees can only be terminated for good cause.\n## Wrongful termination\nAlthough California is an at-will state, state labor laws specifically prohibit certain reasons for termination. These include discriminating against employees based on their [protected characteristics](https:\/\/calcivilrights.ca.gov\/employment\/) or as [retaliation](https:\/\/www.dir.ca.gov\/dlse\/howtofilelinkcodesections.htm) for employees engaging in activities protected by the California Labor Code or asserting their legally protected rights.\n\n### What are the remedies for discriminatory wrongful termination in California?\n[Remedies may include](https:\/\/calcivilrights.ca.gov\/employment\/#remediesBody) payment of past and future lost earnings, reinstatement in the lost job, reasonable accommodations, promotion, damages for emotional distress, punitive damages, and attorney’s fees and costs.\n\n### What are examples of activities protected by California labor laws?\nIt is illegal to fire employees in California for engaging in [protected activities](https:\/\/www.dir.ca.gov\/dlse\/Glossary.asp?Button1=P#protected%20activity) that include:\n\n- Complaining about workplace safety conditions\n- Engaging in political activities\n- Serving on a jury or appearing as a witness in court\n- Filing a claim with the California Labor Commissioner or threatening to do so\n- Talking with coworkers about pay or working conditions\n- Joining with coworkers to talk to the media about working conditions\n### When is whistleblowing protected?\nEmployers may not terminate employees because of [whistleblowing](https:\/\/www.dir.ca.gov\/dlse\/whistleblowersnotice.pdf) activity. This includes employees disclosing information that they reasonably believe shows a violation of state or federal law, rules, or regulations or unsafe working conditions in the employee’s workplace. Protected whistleblowing also includes employees refusing to engage in activities that would violate laws, rules, or regulations.\n\n## Further research and resources\nDo you need to perform further research on any of these topics? Use the curated content below featuring practices notes, templates, toolkits, and guides from Practical Law.\n\nPractical Law’s resources are written and maintained by over 650 dedicated full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies.\n\n[![Practical Law](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2023\/05\/Practical-Law-product-on-laptop.png)![Practical Law](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2023\/05\/Practical-Law-product-on-laptop.png)](https:\/\/content.next.westlaw.com\/practical-law\/state-qa?transitionType=Default&amp;contextData=\$sc.Default\$)\n\n## Practical Law\nReview and compare state law across multiple practice areas.\n\n[State Q\\&A Comparison Tool ↗](https:\/\/content.next.westlaw.com\/practical-law\/state-qa?transitionType=Default&amp;contextData=\$sc.Default\$)\n### Practice Notes\nCalifornia Employment Law Practice Notes\n\n- - [Practice Note: Employee Benefits Law: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Icf4a7201ef0a11e28578f7ccc38dcbee\/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.)\n  - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https:\/\/content.next.westlaw.com\/practical-law\/document\/I59fa51dc5cd711e79bef99c0ee06c731\/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\\(sc.Default\$)\n  - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Ic131d2442f9f11e498db8b09b4f043e0\/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n\nCalifornia Employment Law Practice Notes\n\n- - [Practice Note: Employee Benefits Law: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Icf4a7201ef0a11e28578f7ccc38dcbee\/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.)\n  - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https:\/\/content.next.westlaw.com\/practical-law\/document\/I59fa51dc5cd711e79bef99c0ee06c731\/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\\(sc.Default\$)\n  - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Ic131d2442f9f11e498db8b09b4f043e0\/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n### Templates\nPractical Law Standard Documents\n\n- - [Founder’s Stock Purchase Agreement (Startups)](https:\/\/content.next.westlaw.com\/practical-law\/document\/I7d424e8d515111ec9f24ec7b211d8087\/Founder-s-Stock-Purchase-Agreement-Startups?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$#:~:text=\$National%2FFederal\$-,A%20form%20of%20founder's%20stock%20purchase%20agreement%20to%20be%20used,important%20explanations%20and%20drafting%20tips.)\n  - [Technology Assignment Agreement (Short Form; Startups)](https:\/\/content.next.westlaw.com\/practical-law\/document\/I90c43c1930fd11ecbea4f0dc9fb69570\/Technology-Assignment-Agreement-Short-Form-Startups?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n  - [Proprietary Information and Inventions Agreement (Startups)](https:\/\/content.next.westlaw.com\/practical-law\/document\/I2678d41122ff11ed9f24ec7b211d8087\/Proprietary-Information-and-Inventions-Agreement-Startups?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=e7a7686d710548ba9d5b7b16b7ce59c8&contextData=\$sc.DocLink\$)\n### Toolkits and guides\nA Q\\&A guide to release of claims agreements for private employers in California. This Q\\&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q\\&A Tool).\n\nCalifornia employment law guide and toolkit\n\n- - [Employment Claims in Release Agreements: California](https:\/\/content.next.westlaw.com\/practical-law\/document\/Id16946bdef2911e28578f7ccc38dcbee\/Employment-Claims-in-Release-Agreements-California?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n  - [California Employee Handbook Toolkit](https:\/\/content.next.westlaw.com\/practical-law\/document\/I712ffa49997611e8a5b3e3d9e23d7429\/California-Employee-Handbook-Toolkit?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$ \"California Employee Handbook Toolkit\")\n\n- Facebook\n- Twitter\n- Linkedin\n- [Email](mailto:?body=https%3A%2F%2Flegal.thomsonreuters.com%2Fblog%2Fcalifornia-labor-and-employment-laws%2F&subject=California%20labor%20laws%20with%20research%20how-to%20resources \"Email\")\n\n- [Glossary](https:\/\/legal.thomsonreuters.com\/blog\/topic\/glossary\/)\n- [Labor & Employment](https:\/\/legal.thomsonreuters.com\/blog\/topic\/labor-and-employment\/)\n- [Legal Topics](https:\/\/legal.thomsonreuters.com\/blog\/topic\/legal-topics\/)\n- [Practical Law](https:\/\/legal.thomsonreuters.com\/blog\/topic\/practical-law\/)\n\n[← Back to blog](https:\/\/legal.thomsonreuters.com\/blog\/)\n***\n\n[![](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2025\/01\/TR4453576_03A_2500x1406-jpg-370x208.webp)![](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2025\/01\/TR4453576_03A_2500x1406-jpg-370x208.webp)](https:\/\/www.thomsonreuters.com\/en-us\/posts\/innovation\/building-trust-in-agentic-ai\/)\n\n### [Trust in AI Alliance](https:\/\/www.thomsonreuters.com\/en-us\/posts\/innovation\/building-trust-in-agentic-ai\/)\nAs AI becomes more agentic and autonomous, trust is becoming a pressing practical issue. The Trust in AI Alliance unites experts to develop shared approaches for building trustworthy agentic AI.\n\n[Learn more](https:\/\/www.thomsonreuters.com\/en-us\/posts\/innovation\/building-trust-in-agentic-ai\/)\n\n[![](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2023\/05\/Practical-Law-product-on-laptop-370x237.png)![](https:\/\/legal.thomsonreuters.com\/blog\/wp-content\/uploads\/sites\/19\/2023\/05\/Practical-Law-product-on-laptop-370x237.png)](https:\/\/legal.thomsonreuters.com\/en\/c\/practical-law\/quick-expert-answers \"Practical Law product on laptop\")\n\n### [Practical Law \\| Quick, expert answers to your ‘how do I’ legal questions](https:\/\/legal.thomsonreuters.com\/en\/c\/practical-law\/quick-expert-answers)\nGet up to speed faster with Practical Law’s expertly created and maintained resources combined with powerful generative AI capabilities\n\n[Learn 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[Accessibility](https:\/\/legal.thomsonreuters.com\/en\/legal-notices\/accessibility)","attrs_readable_markdown":"Overview with research and how-to resources\n\n[California laws](https:\/\/www.dir.ca.gov\/dlse\/California-Paid-Sick-Leave.html#main-content) • California labor and employment laws\n\nCalifornia has exceptionally strong legal protections for employees in areas including:\n\n- minimum wage\n- overtime pay\n- required meal and rest breaks\n- workplace safety and health\n- paid sick leave\n- family and medical leave\n- worker’s compensation\n- and protection against discrimination, harassment, and wrongful termination\n\nIn many of these areas, California employment law is more favorable to workers than the equivalent provisions under federal law.\n\nThis content provides an overview of California labor laws and a reliable starting place for attorneys to perform further research.\n\nEmployers and employees may use the State Bar of California’s [Certified Lawyer Referral Services](https:\/\/www.calbar.ca.gov\/Public\/Need-Legal-Help\/Certified-Lawyer-Referral-Services-Directory \"Certified Lawyer Referral Services\") that maintains a list of lawyer referral services that are certified by the State Bar.\n\nJump to ↓\n\n|   |   |   |   |\n|---|---|---|---|\n|   | [Minimum wage](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#minimum-wage) |   | [Family and medical leave](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#family-and-medical-leave) |\n|   | [Overtime pay](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#overtime-pay) |   | [Workers’ compensation](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#workers-compensation) |\n|   | [Meal and rest breaks](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#meal-and-rest-breaks) |   | [At-Will employment](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#at-will-employment) |\n|   | [Workplace safety and health](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#workplace-safety-and-health) |   | [Wrongful termination](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#wrongful-termination) |\n|   | [Discrimination and harassment](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#discrimination-and-harassment) |   | [Research and how-to resources](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#how-to-resources) |\n|   | [Paid sick leave](https:\/\/legal.thomsonreuters.com\/blog\/california-labor-and-employment-laws\/#paid-sick-leave) |   |   |\n## Minimum wage\nAs of January 1, 2024, California’s [minimum wage](https:\/\/www.dir.ca.gov\/dlse\/faq_minimumwage.htm) is \\$16 per hour. However, the minimum wage is higher for workers in some industries and in some locations. For example, the minimum hourly rate for [fast food workers](https:\/\/www.dir.ca.gov\/dlse\/Fast-Food-Minimum-Wage-FAQ.htm) in California is \\$20 per hour, as of April 1, 2024. About 40 California [cities and counties](https:\/\/laborcenter.berkeley.edu\/inventory-of-us-city-and-county-minimum-wage-ordinances\/#s-2) have higher minimum wages than the state’s rate. As of July 1, 2024, the city of Emeryville has the highest rate at \\$19.36 per hour. The California Labor Commissioner considers paying employees less than the minimum to be a form of [wage theft](https:\/\/www.dir.ca.gov\/dlse\/Examples_of_Wage_Theft.html).\n\n| Date | Minimum wage for employers with 25 employees or less | Minimum wage for employers with 26 employees or more |\n|---|---|---|\n| January 1, 2017 | \\$10.00\/hour | \\$10.50\/hour |\n| January 1, 2018 | \\$10.50\/hour | \\$11.00\/hour |\n| January 1, 2019 | \\$11.00\/hour | \\$12.00\/hour |\n| January 1, 2020 | \\$12.00\/hour | \\$13.00\/hour |\n| January 1, 2021 | \\$13.00\/hour | \\$14.00\/hour |\n| January 1, 2022 | \\$14.00\/hour | \\$15.00\/hour |\n| January 1, 2023 | \\$15.50\/hour | \\$15.50\/hour |\n| January 1, 2024 | \\$16.00\/hour | \\$16.00\/hour |\n\nSource: Adapted from the [State of California Department of Industrial Relations](https:\/\/www.dir.ca.gov\/dlse\/faq_minimumwage.htm)\n\n### Can an employee voluntarily work for less than the minimum wage?\nNo. Employers are required to pay minimum wage. Agreements between employers and employees cannot violate laws, including the minimum wage laws, that are designed to protect employees.\n\n### Will the California minimum wage keep on going higher?\nAlthough the minimum wage has passed the end of the [phase-in period](https:\/\/www.dir.ca.gov\/dlse\/sb3_faq.htm), it will continue to be adjusted for inflation every year, with a maximum annual increase of 3.5 percent. Increases are based on the national consumer price index (CPI) for urban and clerical workers. The rate will never go down, even if the CPI for a particular year is negative.\n\n### Are employers with 25 or fewer employees still able to pay a lower minimum wage?\nNo. Since January 1, 2023, the California minimum wage has been the same for employers of all sizes.\n\n## Overtime pay\nWith [some exemptions](https:\/\/www.dir.ca.gov\/dlse\/faq_overtimeexemptions.htm), nonexempt employees [must be paid overtime](https:\/\/www.dir.ca.gov\/dlse\/faq_overtime.htm) in California if they work more than eight hours in a workday, more than 40 hours in a workweek, or more than six days per workweek.\n\n### What is the maximum number of hours an employee can work in a week under California labor laws?\nFor workers aged 18 and up, there is no maximum, as long as nonexempt employees are paid the required overtime rates. For minors, however, there are [limits](https:\/\/www.dir.ca.gov\/dlse\/minorssummarycharts.pdf) on how many hours they can work based on their age.\n\n### What are the overtime pay requirements in California?\nNonexempt employees must be paid one-and-a-half times their regular rate of pay for hours worked:\n\n- More than eight hours and up to 12 hours in a day\n- More than 40 hours in a workweek\n- For the first eight hours on the seventh day of work in a workweek\n\nA nonexempt employee must be paid at least two times the employee’s regular pay rate for work that is:\n\n- More than 12 hours in a day\n- More than eight hours on the seventh day of work in a workweek\n### Are salaried employees always exempt from overtime?\nNo. Salaried employees can be either exempt or nonexempt. If nonexempt, they must be paid overtime.\n\n## Meal and rest breaks\nEmployment law in California requires workers be provided with unpaid 30-minute [meal breaks](https:\/\/www.dir.ca.gov\/dlse\/FAQ_MealPeriods.htm) and paid 10-minute [rest breaks](https:\/\/www.dir.ca.gov\/dlse\/FAQ_RestPeriods.htm) if they work a certain number of hours in a day. They must receive one meal break if they work more than five hours in a day and a second meal break for more than 10 hours of work in a day. They’re entitled to one rest break for every four hours worked. California employees working outdoors also have the right to take [additional rest breaks](https:\/\/www.99calor.org\/Prevent-Heat-Illness.html) in the shade when needed to cool down.\n\n### Do California labor laws permit employees to voluntarily waive their right to take meal breaks?\nIf the employee and employer both consent:\n\n- Employees who work no more than six hours in a day can waive their first meal break.\n- Employees who work more than 10 but no more than 12 hours and have taken their first meal break can waive their second.\n### Are employers ever required to pay for meal breaks?\nYes. Employers must pay wages at a worker’s regular rate of pay for meal breaks if, due to the nature of the work, the employee is not relieved of all duty during the entire 30-minute period and is not free to leave the premises.\n\n### Can the break time in a 10-minute rest break be split into two five-minute breaks?\nNo. The 10 minutes in a paid rest break must be taken consecutively.\n\n## Workplace safety and health\nCalifornia’s [Division of Occupational Safety and Health (DOSH)](https:\/\/www.dir.ca.gov\/occupational_safety.html) protects the health and safety of non-federal workers in California through the [Cal\/OSHA](https:\/\/www.dir.ca.gov\/dosh\/) program. [Employer responsibilities](https:\/\/www.dir.ca.gov\/dosh\/EmployerInformation.htm \"Employer responsibilities\") include establishing an illness and injury prevention program, providing and maintaining safe tools and equipment, warning about potential hazards, and immediately [reporting to Cal\/OSHA](https:\/\/www.dir.ca.gov\/dosh\/report-accident-or-injury.html) any work-related serious injuries or illnesses, or deaths.\n\n### Do California workers have the right to refuse to do hazardous work?\nYes, but only if doing the work would [violate a Cal\/OSHA regulation](https:\/\/www.dir.ca.gov\/dosh\/documents\/health-and-safety-rights-for-workers.pdf) and would create a hazard for the worker or their coworkers.\n\n### How much health and safety training are California employers required to provide for their employees?\nAll employers in California are required to provide health and safety training following the requirements in [Title 8](https:\/\/www.dir.ca.gov\/title8\/3203.html). These include training for all new employees. [Additional requirements](https:\/\/www.dir.ca.gov\/dosh\/etools\/09-002\/whatrequired.htm) for training topics and frequency depend on the type of work that employees are doing.\n\n### Do California labor laws require California employers to do anything to help prevent violence in the workplace?\nYes. Effective July 1, 2024, most California employers must create and implement a written [workplace violence prevention plan](https:\/\/www.dir.ca.gov\/dosh\/workplace-violence.html).\n\n## Discrimination and harassment\nThe California Fair Employment and Housing Act (FEHA) and associated regulations prohibit harassment and discrimination against employees on the basis of [protected characteristics](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2023\/01\/Workplace-Discrimination-Poster_ENG.pdf). They also prohibit retaliation against employees for asserting their rights. The [California Equal Pay Act](https:\/\/www.dir.ca.gov\/dlse\/california_equal_pay_act.htm) prohibits employers from paying employees less than employees of a different sex, race, or ethnicity for substantially similar work.\n\n### Are all California employers subject to the anti-harassment and anti-discrimination provisions of the FEHA?\nThe FEHA applies to all California employers except the federal government and non-profit religious organizations. However, only employers with [five or more employees](https:\/\/calcivilrights.ca.gov\/employment\/#faqABody) are subject to the anti-discrimination provisions. This limitation does not apply to anti-harassment provisions, which apply to employers with as few as one employee or independent contractor.\n\n### Is it illegal to harass volunteers?\nYes. In addition to employees and job applicants, other workers are also protected against harassment in California: volunteers, unpaid interns, and independent contractors.\n\n### Do employers have to provide sexual harassment training?\nCalifornia employers with five or more employees and public employers must provide sexual harassment training, which includes harassment based on sexual orientation, gender expression, and gender identity.\n\n## Paid sick leave\nAs of January 1, 2024, most employees in California are entitled to 40 hours or five days —whichever is more — of [paid sick leave](https:\/\/legal.thomsonreuters.com\/blog\/paid-sick-leave-laws-and-the-family-and-medical-leave-act\/) per year to take care of themselves or a family member. [Before 2024](https:\/\/www.dir.ca.gov\/dlse\/Paid_Sick_Leave.htm), the previous employment law only required California employers to provide 24 hours or three days paid sick leave per year. Paid sick leave can be used for preventative care, diagnoses, healthcare for an existing condition, or for specified purposes for victims of sexual assault, stalking, or domestic violence.\n\n### Who is eligible for paid sick leave?\nFull-time, part-time, and temporary workers who have worked for the same employer for 30 days in a year and have completed 90 days of employment for the same employer are entitled to paid sick leave.\n\n### Are California employees entitled to use all of their sick leave days at the beginning of the year?\nCalifornia employers can choose whether to provide all sick leave days at once or to use an accrual system, where employees earn [California laws](https:\/\/www.dir.ca.gov\/dlse\/California-Paid-Sick-Leave.html#main-content) for every 30 days they work.\n\n### Does the requirement for employers to provide 40 hours or five days of paid sick leave per year refer to a calendar year?\nThe “per year” requirement can be any 12-month period. It can be a calendar year, fiscal year, or a 12-month period based on an employee’s start date.\n\n## Family and medical leave\nEligible California employees are entitled to [up to 12 weeks of unpaid leave](https:\/\/calcivilrights.ca.gov\/family-medical-pregnancy-leave\/) to care for their own or a family member’s serious health condition or to bond with a new child and up to five days of [bereavement leave](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2023\/04\/Bereavement-Leave_AB-1949_FAQ_ENG.pdf). The California Family Rights Act (CFRA) provides these rights, and the Civil Rights Department (CRD) enforces them. California workers are also covered by the federal Family Medical Leave Act (FMLA).\n\n### How long does an employee have to work to be eligible to take CFRA leave?\nTo be eligible, [an employee must](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2022\/12\/Family-Care-and-Medical-Leave-Fact-Sheet_ENG.pdf):\n\n- Work for an employer that has five or more employees\n- Have worked for that employer for more than 12 months\n- Have worked at least 1,250 hours for that employer in the 12 months prior to the start of the leave\n### Do California labor laws give employees the right to return to their jobs after their leave?\nYes. CFRA leave is job-protected. If an employee’s original job is no longer available, employers must offer a comparable position where possible.\n\n### Can employees use their CFRA leave to take care of a friend?\nAs of January 1, 2023, employees can use their CFRA leave to take care of a “[designated person](https:\/\/calcivilrights.ca.gov\/wp-content\/uploads\/sites\/32\/2023\/02\/Expanded-Family-And-Medical-Leave_ENG.pdf).” This can be a blood relative or someone who is like family, such as a close friend or unmarried partner.\n\n## Workers’ compensation\n[All California employers](https:\/\/www.dir.ca.gov\/dwc\/Employer.htm) are required to have workers’ compensation insurance that provides benefits for employees’ work-related injuries and illnesses. Employers must cover the cost of the insurance coverage and [cannot ask employees](https:\/\/www.dir.ca.gov\/dwc\/faqs.html) to help pay for premiums. [Benefits for eligible employees](https:\/\/www.dir.ca.gov\/dwc\/WCFaqIW.html) are for medical care, temporary disability, permanent disability, retraining, and death.\n\n### Who is entitled to death benefits?\nIf an employee dies from a work-related injury or illness, their spouse, children, or other dependents are entitled to [death benefits](https:\/\/www.dir.ca.gov\/dwc\/WorkersCompensationBenefits.htm#DeathBenefits \"death benefits\"), including reasonable burial expenses, based on the number of dependents.\n\n### What types of treatments are covered by workers’ compensation in California?\nMedical treatments must be [evidence-based](https:\/\/www.dir.ca.gov\/dwc\/Attorney.htm). The state has guidelines, including a medical treatment utilization schedule (MTUS), that covers the type, frequency, intensity, and duration of treatments for specific injuries.\n\n### Where do I file petitions for reconsideration, removal, or disqualification?\nPetitions [must be filed](https:\/\/www.dir.ca.gov\/wcab\/WCAB_PetitionforReconsideration.htm) using the [Electronic Adjudication Management System (EAMS)](https:\/\/www.dir.ca.gov\/dwc\/eams\/EAMS_EformsFilers.html) or with the applicable district office. [To use EAMS](https:\/\/www.dir.ca.gov\/dwc\/eams\/EAMS_EformsFilers.html), you’ll need to complete an e-form agreement and take an introductory training program.\n\n## At-Will employment\nCalifornia is an at-will state. That means that employers can fire employees, and employees can quit, for any reason, including a bad reason or no reason, as long as it’s not an illegal reason. [Giving advance notice is not required](https:\/\/www.dir.ca.gov\/dlse\/TerminationOfEmployment.pdf) unless there was a prior agreement to the contrary between the employer and employee. Keep in mind, though, that Labor Code sections 201 and 227.3 require that terminated employees receive their final paycheck, including accrued vacation time, [immediately at the time they are terminated](https:\/\/www.dir.ca.gov\/dlse\/faq_paydays.htm) and not have it held until the end of the pay period.\n\n### If there is a union contract, how does that affect at-will employment?\nThere’s an exception to at-will employment for employees covered by a collective bargaining agreement. The terms of the agreement control when and for what reasons employees can be terminated.\n\n### When is terminating an employee unlawful discrimination?\nIt’s unlawful to fire an employee if there is a discriminatory motive based on [California’s protected classes](https:\/\/www.senate.ca.gov\/protected-classes).\n\n### What are other situations where it’s unlawful to fire an employee in California?\nUnder California labor laws, termination is unlawful if:\n\n- It’s done as [retaliation](https:\/\/www.dir.ca.gov\/dlse\/howtofilelinkcodesections.htm) for employees asserting their protected rights. This includes whistleblowing, engaging in collective bargaining activities, filing a complaint with the Labor Commissioner, serving on a jury or otherwise requesting time off that employees are entitled to take.\n- Employees are fired for their political beliefs.\n- They are terminated for trivial or pretextual reasons if they have an express or implied employment contract that specifies that employees can only be terminated for good cause.\n## Wrongful termination\nAlthough California is an at-will state, state labor laws specifically prohibit certain reasons for termination. These include discriminating against employees based on their [protected characteristics](https:\/\/calcivilrights.ca.gov\/employment\/) or as [retaliation](https:\/\/www.dir.ca.gov\/dlse\/howtofilelinkcodesections.htm) for employees engaging in activities protected by the California Labor Code or asserting their legally protected rights.\n\n### What are the remedies for discriminatory wrongful termination in California?\n[Remedies may include](https:\/\/calcivilrights.ca.gov\/employment\/#remediesBody) payment of past and future lost earnings, reinstatement in the lost job, reasonable accommodations, promotion, damages for emotional distress, punitive damages, and attorney’s fees and costs.\n\n### What are examples of activities protected by California labor laws?\nIt is illegal to fire employees in California for engaging in [protected activities](https:\/\/www.dir.ca.gov\/dlse\/Glossary.asp?Button1=P#protected%20activity) that include:\n\n- Complaining about workplace safety conditions\n- Engaging in political activities\n- Serving on a jury or appearing as a witness in court\n- Filing a claim with the California Labor Commissioner or threatening to do so\n- Talking with coworkers about pay or working conditions\n- Joining with coworkers to talk to the media about working conditions\n### When is whistleblowing protected?\nEmployers may not terminate employees because of [whistleblowing](https:\/\/www.dir.ca.gov\/dlse\/whistleblowersnotice.pdf) activity. This includes employees disclosing information that they reasonably believe shows a violation of state or federal law, rules, or regulations or unsafe working conditions in the employee’s workplace. Protected whistleblowing also includes employees refusing to engage in activities that would violate laws, rules, or regulations.\n\n## Further research and resources\nDo you need to perform further research on any of these topics? Use the curated content below featuring practices notes, templates, toolkits, and guides from Practical Law.\n\nPractical Law’s resources are written and maintained by over 650 dedicated full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies.\n\n### Practice Notes\nCalifornia Employment Law Practice Notes\n\n- - [Practice Note: Employee Benefits Law: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Icf4a7201ef0a11e28578f7ccc38dcbee\/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.)\n  - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https:\/\/content.next.westlaw.com\/practical-law\/document\/I59fa51dc5cd711e79bef99c0ee06c731\/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\\(sc.Default\$)\n  - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Ic131d2442f9f11e498db8b09b4f043e0\/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n\nCalifornia Employment Law Practice Notes\n\n- - [Practice Note: Employee Benefits Law: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Icf4a7201ef0a11e28578f7ccc38dcbee\/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.)\n  - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https:\/\/content.next.westlaw.com\/practical-law\/document\/I59fa51dc5cd711e79bef99c0ee06c731\/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\\(sc.Default\$)\n  - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https:\/\/content.next.westlaw.com\/practical-law\/document\/Ic131d2442f9f11e498db8b09b4f043e0\/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n### Templates\nPractical Law Standard Documents\n\n- - [Founder’s Stock Purchase Agreement (Startups)](https:\/\/content.next.westlaw.com\/practical-law\/document\/I7d424e8d515111ec9f24ec7b211d8087\/Founder-s-Stock-Purchase-Agreement-Startups?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$#:~:text=\$National%2FFederal\$-,A%20form%20of%20founder's%20stock%20purchase%20agreement%20to%20be%20used,important%20explanations%20and%20drafting%20tips.)\n  - [Technology Assignment Agreement (Short Form; Startups)](https:\/\/content.next.westlaw.com\/practical-law\/document\/I90c43c1930fd11ecbea4f0dc9fb69570\/Technology-Assignment-Agreement-Short-Form-Startups?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n  - [Proprietary Information and Inventions Agreement (Startups)](https:\/\/content.next.westlaw.com\/practical-law\/document\/I2678d41122ff11ed9f24ec7b211d8087\/Proprietary-Information-and-Inventions-Agreement-Startups?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=e7a7686d710548ba9d5b7b16b7ce59c8&contextData=\$sc.DocLink\$)\n### Toolkits and guides\nA Q\\&A guide to release of claims agreements for private employers in California. This Q\\&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q\\&A Tool).\n\nCalifornia employment law guide and toolkit\n\n- - [Employment Claims in Release Agreements: California](https:\/\/content.next.westlaw.com\/practical-law\/document\/Id16946bdef2911e28578f7ccc38dcbee\/Employment-Claims-in-Release-Agreements-California?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$)\n  - [California Employee Handbook Toolkit](https:\/\/content.next.westlaw.com\/practical-law\/document\/I712ffa49997611e8a5b3e3d9e23d7429\/California-Employee-Handbook-Toolkit?viewType=FullText&transitionType=Default&contextData=\$sc.Default\$ \"California Employee Handbook Toolkit\")","meta_canonical":null,"ml_categories_json":"{\"\/Law_and_Government\":960,\"\/Law_and_Government\/Legal\":958,\"\/Law_and_Government\/Legal\/Labor_and_Employment_Law\":957,\"\/Jobs_and_Education\":207,\"\/Jobs_and_Education\/Jobs\":201,\"\/Jobs_and_Education\/Jobs\/Career_Resources_and_Planning\":186}","ml_types_json":"{\"\/Article\":970,\"\/Article\/Tutorial_or_Guide\":449}","ml_intent_types_json":"{\"Informational\":998}","meta_language":"en-us","attrs_author":"Robert DiGiacomo","attrs_publish_time":1729119974,"attrs_original_publish_time":1729119974,"attrs_is_republished":0,"attrs_nr_words":"3207","attrs_boilerpipe_nr_words":"2660","body_ext_links_number":62,"body_int_links_number":91,"meta_nofollow":0,"meta_noarchive":0,"props_was_rendered":1,"src_redirect":"","download_time_msec":1093,"download_ttfb_msec":1072,"download_size":116112}

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Overview with research and how-to resources California laws • California labor and employment laws California has exceptionally strong legal protections for employees in areas including: minimum wage overtime pay required meal and rest breaks workplace safety and health paid sick leave family and medical leave worker’s compensation and protection against discrimination, harassment, and wrongful termination In many of these areas, California employment law is more favorable to workers than the equivalent provisions under federal law. This content provides an overview of California labor laws and a reliable starting place for attorneys to perform further research. Employers and employees may use the State Bar of California’s Certified Lawyer Referral Services that maintains a list of lawyer referral services that are certified by the State Bar. Jump to ↓ Minimum wage Family and medical leave Overtime pay Workers’ compensation Meal and rest breaks At-Will employment Workplace safety and health Wrongful termination Discrimination and harassment Research and how-to resources Paid sick leave Minimum wage As of January 1, 2024, California’s minimum wage is $16 per hour. However, the minimum wage is higher for workers in some industries and in some locations. For example, the minimum hourly rate for fast food workers in California is $20 per hour, as of April 1, 2024. About 40 California cities and counties have higher minimum wages than the state’s rate. As of July 1, 2024, the city of Emeryville has the highest rate at $19.36 per hour. The California Labor Commissioner considers paying employees less than the minimum to be a form of wage theft . Date Minimum wage for employers with 25 employees or less Minimum wage for employers with 26 employees or more January 1, 2017 $10.00/hour $10.50/hour January 1, 2018 $10.50/hour $11.00/hour January 1, 2019 $11.00/hour $12.00/hour January 1, 2020 $12.00/hour $13.00/hour January 1, 2021 $13.00/hour $14.00/hour January 1, 2022 $14.00/hour $15.00/hour January 1, 2023 $15.50/hour $15.50/hour January 1, 2024 $16.00/hour $16.00/hour Source: Adapted from the State of California Department of Industrial Relations Can an employee voluntarily work for less than the minimum wage? No. Employers are required to pay minimum wage. Agreements between employers and employees cannot violate laws, including the minimum wage laws, that are designed to protect employees. Will the California minimum wage keep on going higher? Although the minimum wage has passed the end of the phase-in period , it will continue to be adjusted for inflation every year, with a maximum annual increase of 3.5 percent. Increases are based on the national consumer price index (CPI) for urban and clerical workers. The rate will never go down, even if the CPI for a particular year is negative. Are employers with 25 or fewer employees still able to pay a lower minimum wage? No. Since January 1, 2023, the California minimum wage has been the same for employers of all sizes. Overtime pay With some exemptions , nonexempt employees must be paid overtime in California if they work more than eight hours in a workday, more than 40 hours in a workweek, or more than six days per workweek. What is the maximum number of hours an employee can work in a week under California labor laws? For workers aged 18 and up, there is no maximum, as long as nonexempt employees are paid the required overtime rates. For minors, however, there are limits on how many hours they can work based on their age. What are the overtime pay requirements in California? Nonexempt employees must be paid one-and-a-half times their regular rate of pay for hours worked: More than eight hours and up to 12 hours in a day More than 40 hours in a workweek For the first eight hours on the seventh day of work in a workweek A nonexempt employee must be paid at least two times the employee’s regular pay rate for work that is: More than 12 hours in a day More than eight hours on the seventh day of work in a workweek Are salaried employees always exempt from overtime? No. Salaried employees can be either exempt or nonexempt. If nonexempt, they must be paid overtime. Meal and rest breaks Employment law in California requires workers be provided with unpaid 30-minute meal breaks and paid 10-minute rest breaks if they work a certain number of hours in a day. They must receive one meal break if they work more than five hours in a day and a second meal break for more than 10 hours of work in a day. They’re entitled to one rest break for every four hours worked. California employees working outdoors also have the right to take additional rest breaks in the shade when needed to cool down. Do California labor laws permit employees to voluntarily waive their right to take meal breaks? If the employee and employer both consent: Employees who work no more than six hours in a day can waive their first meal break. Employees who work more than 10 but no more than 12 hours and have taken their first meal break can waive their second. Are employers ever required to pay for meal breaks? Yes. Employers must pay wages at a worker’s regular rate of pay for meal breaks if, due to the nature of the work, the employee is not relieved of all duty during the entire 30-minute period and is not free to leave the premises. Can the break time in a 10-minute rest break be split into two five-minute breaks? No. The 10 minutes in a paid rest break must be taken consecutively. Workplace safety and health California’s Division of Occupational Safety and Health (DOSH) protects the health and safety of non-federal workers in California through the Cal/OSHA program. Employer responsibilities include establishing an illness and injury prevention program, providing and maintaining safe tools and equipment, warning about potential hazards, and immediately reporting to Cal/OSHA any work-related serious injuries or illnesses, or deaths. Do California workers have the right to refuse to do hazardous work? Yes, but only if doing the work would violate a Cal/OSHA regulation and would create a hazard for the worker or their coworkers. How much health and safety training are California employers required to provide for their employees? All employers in California are required to provide health and safety training following the requirements in Title 8 . These include training for all new employees. Additional requirements for training topics and frequency depend on the type of work that employees are doing. Do California labor laws require California employers to do anything to help prevent violence in the workplace? Yes. Effective July 1, 2024, most California employers must create and implement a written workplace violence prevention plan . Discrimination and harassment The California Fair Employment and Housing Act (FEHA) and associated regulations prohibit harassment and discrimination against employees on the basis of protected characteristics . They also prohibit retaliation against employees for asserting their rights. The California Equal Pay Act prohibits employers from paying employees less than employees of a different sex, race, or ethnicity for substantially similar work. Are all California employers subject to the anti-harassment and anti-discrimination provisions of the FEHA? The FEHA applies to all California employers except the federal government and non-profit religious organizations. However, only employers with five or more employees are subject to the anti-discrimination provisions. This limitation does not apply to anti-harassment provisions, which apply to employers with as few as one employee or independent contractor. Is it illegal to harass volunteers? Yes. In addition to employees and job applicants, other workers are also protected against harassment in California: volunteers, unpaid interns, and independent contractors. Do employers have to provide sexual harassment training? California employers with five or more employees and public employers must provide sexual harassment training, which includes harassment based on sexual orientation, gender expression, and gender identity. Paid sick leave As of January 1, 2024, most employees in California are entitled to 40 hours or five days —whichever is more — of paid sick leave per year to take care of themselves or a family member. Before 2024 , the previous employment law only required California employers to provide 24 hours or three days paid sick leave per year. Paid sick leave can be used for preventative care, diagnoses, healthcare for an existing condition, or for specified purposes for victims of sexual assault, stalking, or domestic violence. Who is eligible for paid sick leave? Full-time, part-time, and temporary workers who have worked for the same employer for 30 days in a year and have completed 90 days of employment for the same employer are entitled to paid sick leave. Are California employees entitled to use all of their sick leave days at the beginning of the year? California employers can choose whether to provide all sick leave days at once or to use an accrual system, where employees earn California laws for every 30 days they work. Does the requirement for employers to provide 40 hours or five days of paid sick leave per year refer to a calendar year? The “per year” requirement can be any 12-month period. It can be a calendar year, fiscal year, or a 12-month period based on an employee’s start date. Family and medical leave Eligible California employees are entitled to up to 12 weeks of unpaid leave to care for their own or a family member’s serious health condition or to bond with a new child and up to five days of bereavement leave . The California Family Rights Act (CFRA) provides these rights, and the Civil Rights Department (CRD) enforces them. California workers are also covered by the federal Family Medical Leave Act (FMLA). How long does an employee have to work to be eligible to take CFRA leave? To be eligible, an employee must : Work for an employer that has five or more employees Have worked for that employer for more than 12 months Have worked at least 1,250 hours for that employer in the 12 months prior to the start of the leave Do California labor laws give employees the right to return to their jobs after their leave? Yes. CFRA leave is job-protected. If an employee’s original job is no longer available, employers must offer a comparable position where possible. Can employees use their CFRA leave to take care of a friend? As of January 1, 2023, employees can use their CFRA leave to take care of a “ designated person .” This can be a blood relative or someone who is like family, such as a close friend or unmarried partner. Workers’ compensation All California employers are required to have workers’ compensation insurance that provides benefits for employees’ work-related injuries and illnesses. Employers must cover the cost of the insurance coverage and cannot ask employees to help pay for premiums. Benefits for eligible employees are for medical care, temporary disability, permanent disability, retraining, and death. Who is entitled to death benefits? If an employee dies from a work-related injury or illness, their spouse, children, or other dependents are entitled to death benefits , including reasonable burial expenses, based on the number of dependents. What types of treatments are covered by workers’ compensation in California? Medical treatments must be evidence-based . The state has guidelines, including a medical treatment utilization schedule (MTUS), that covers the type, frequency, intensity, and duration of treatments for specific injuries. Where do I file petitions for reconsideration, removal, or disqualification? Petitions must be filed using the Electronic Adjudication Management System (EAMS) or with the applicable district office. To use EAMS , you’ll need to complete an e-form agreement and take an introductory training program. At-Will employment California is an at-will state. That means that employers can fire employees, and employees can quit, for any reason, including a bad reason or no reason, as long as it’s not an illegal reason. Giving advance notice is not required unless there was a prior agreement to the contrary between the employer and employee. Keep in mind, though, that Labor Code sections 201 and 227.3 require that terminated employees receive their final paycheck, including accrued vacation time, immediately at the time they are terminated and not have it held until the end of the pay period. If there is a union contract, how does that affect at-will employment? There’s an exception to at-will employment for employees covered by a collective bargaining agreement. The terms of the agreement control when and for what reasons employees can be terminated. When is terminating an employee unlawful discrimination? It’s unlawful to fire an employee if there is a discriminatory motive based on California’s protected classes . What are other situations where it’s unlawful to fire an employee in California? Under California labor laws, termination is unlawful if: It’s done as retaliation for employees asserting their protected rights. This includes whistleblowing, engaging in collective bargaining activities, filing a complaint with the Labor Commissioner, serving on a jury or otherwise requesting time off that employees are entitled to take. Employees are fired for their political beliefs. They are terminated for trivial or pretextual reasons if they have an express or implied employment contract that specifies that employees can only be terminated for good cause. Wrongful termination Although California is an at-will state, state labor laws specifically prohibit certain reasons for termination. These include discriminating against employees based on their protected characteristics or as retaliation for employees engaging in activities protected by the California Labor Code or asserting their legally protected rights. What are the remedies for discriminatory wrongful termination in California? Remedies may include payment of past and future lost earnings, reinstatement in the lost job, reasonable accommodations, promotion, damages for emotional distress, punitive damages, and attorney’s fees and costs. What are examples of activities protected by California labor laws? It is illegal to fire employees in California for engaging in protected activities that include: Complaining about workplace safety conditions Engaging in political activities Serving on a jury or appearing as a witness in court Filing a claim with the California Labor Commissioner or threatening to do so Talking with coworkers about pay or working conditions Joining with coworkers to talk to the media about working conditions When is whistleblowing protected? Employers may not terminate employees because of whistleblowing activity. This includes employees disclosing information that they reasonably believe shows a violation of state or federal law, rules, or regulations or unsafe working conditions in the employee’s workplace. Protected whistleblowing also includes employees refusing to engage in activities that would violate laws, rules, or regulations. Further research and resources Do you need to perform further research on any of these topics? Use the curated content below featuring practices notes, templates, toolkits, and guides from Practical Law. Practical Law’s resources are written and maintained by over 650 dedicated full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies. Practice Notes California Employment Law Practice Notes Practice Note: Employee Benefits Law: Overview Practice Note: California Employment Laws More Favorable to Employee Plaintiffs Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview California Employment Law Practice Notes Practice Note: Employee Benefits Law: Overview Practice Note: California Employment Laws More Favorable to Employee Plaintiffs Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview Templates Practical Law Standard Documents Founder’s Stock Purchase Agreement (Startups) Technology Assignment Agreement (Short Form; Startups) Proprietary Information and Inventions Agreement (Startups) Toolkits and guides A Q&A guide to release of claims agreements for private employers in California. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool). California employment law guide and toolkit Employment Claims in Release Agreements: California California Employee Handbook Toolkit

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This content provides an overview of California labor laws and a reliable starting place for attorneys to perform further research. Employers and employees may use the State Bar of California’s [Certified Lawyer Referral Services](https://www.calbar.ca.gov/Public/Need-Legal-Help/Certified-Lawyer-Referral-Services-Directory "Certified Lawyer Referral Services") that maintains a list of lawyer referral services that are certified by the State Bar. Jump to ↓ | | | | | |---|---|---|---| | | | | [Family and medical leave](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#family-and-medical-leave) | | | | | | | [Minimum wage](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#minimum-wage) | | | | | | [Overtime pay](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#overtime-pay) | | [Workers’ compensation](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#workers-compensation) | | | [Meal and rest breaks](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#meal-and-rest-breaks) | | [At-Will employment](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#at-will-employment) | | | [Workplace safety and health](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#workplace-safety-and-health) | | [Wrongful termination](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#wrongful-termination) | | | [Discrimination and harassment](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#discrimination-and-harassment) | | [Research and how-to resources](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#how-to-resources) | | | [Paid sick leave](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#paid-sick-leave) | | | [![Practical Law](https://legal.thomsonreuters.com/blog/wp-content/uploads/sites/19/2024/10/Screenshot-2024-10-16-at-11.07.36-AM.png)](https://content.next.westlaw.com/practical-law/california/california-labor-employment?transitionType=ListViewType&contextData=$sc.Default$&navId=1547F84F82AC0F711BA1FE97A5EF4F11&contentType=KNOWHOW&querySubmissionGuid=i0a89c3bf0000019295fca138f3fe3d3d&sortType=DATE_DESCENDING&categoryPageUrl=Home%2FPracticalLaw%2FPracticalLawCalifornia%2FCaliforniaLaborEmployment) ## Practical Law California labor and employment law content [View resources ↗](https://content.next.westlaw.com/practical-law/california/california-labor-employment?transitionType=ListViewType&contextData=$sc.Default$&navId=1547F84F82AC0F711BA1FE97A5EF4F11&contentType=KNOWHOW&querySubmissionGuid=i0a89c3bf0000019295fca138f3fe3d3d&sortType=DATE_DESCENDING&categoryPageUrl=Home%2FPracticalLaw%2FPracticalLawCalifornia%2FCaliforniaLaborEmployment) ## Minimum wage As of January 1, 2024, California’s [minimum wage](https://www.dir.ca.gov/dlse/faq_minimumwage.htm) is \$16 per hour. However, the minimum wage is higher for workers in some industries and in some locations. For example, the minimum hourly rate for [fast food workers](https://www.dir.ca.gov/dlse/Fast-Food-Minimum-Wage-FAQ.htm) in California is \$20 per hour, as of April 1, 2024. About 40 California [cities and counties](https://laborcenter.berkeley.edu/inventory-of-us-city-and-county-minimum-wage-ordinances/#s-2) have higher minimum wages than the state’s rate. As of July 1, 2024, the city of Emeryville has the highest rate at \$19.36 per hour. The California Labor Commissioner considers paying employees less than the minimum to be a form of [wage theft](https://www.dir.ca.gov/dlse/Examples_of_Wage_Theft.html). | Date | Minimum wage for employers with 25 employees or less | Minimum wage for employers with 26 employees or more | |---|---|---| | January 1, 2017 | \$10.00/hour | \$10.50/hour | | January 1, 2018 | \$10.50/hour | \$11.00/hour | | January 1, 2019 | \$11.00/hour | \$12.00/hour | | January 1, 2020 | \$12.00/hour | \$13.00/hour | | January 1, 2021 | \$13.00/hour | \$14.00/hour | | January 1, 2022 | \$14.00/hour | \$15.00/hour | | January 1, 2023 | \$15.50/hour | \$15.50/hour | | January 1, 2024 | \$16.00/hour | \$16.00/hour | Source: Adapted from the [State of California Department of Industrial Relations](https://www.dir.ca.gov/dlse/faq_minimumwage.htm) ### ### Can an employee voluntarily work for less than the minimum wage? No. Employers are required to pay minimum wage. Agreements between employers and employees cannot violate laws, including the minimum wage laws, that are designed to protect employees. ### Will the California minimum wage keep on going higher? Although the minimum wage has passed the end of the [phase-in period](https://www.dir.ca.gov/dlse/sb3_faq.htm), it will continue to be adjusted for inflation every year, with a maximum annual increase of 3.5 percent. Increases are based on the national consumer price index (CPI) for urban and clerical workers. The rate will never go down, even if the CPI for a particular year is negative. ### Are employers with 25 or fewer employees still able to pay a lower minimum wage? No. Since January 1, 2023, the California minimum wage has been the same for employers of all sizes. ## Overtime pay With [some exemptions](https://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm), nonexempt employees [must be paid overtime](https://www.dir.ca.gov/dlse/faq_overtime.htm) in California if they work more than eight hours in a workday, more than 40 hours in a workweek, or more than six days per workweek. ### What is the maximum number of hours an employee can work in a week under California labor laws? For workers aged 18 and up, there is no maximum, as long as nonexempt employees are paid the required overtime rates. For minors, however, there are [limits](https://www.dir.ca.gov/dlse/minorssummarycharts.pdf) on how many hours they can work based on their age. ### What are the overtime pay requirements in California? Nonexempt employees must be paid one-and-a-half times their regular rate of pay for hours worked: - More than eight hours and up to 12 hours in a day - More than 40 hours in a workweek - For the first eight hours on the seventh day of work in a workweek A nonexempt employee must be paid at least two times the employee’s regular pay rate for work that is: - More than 12 hours in a day - More than eight hours on the seventh day of work in a workweek ### Are salaried employees always exempt from overtime? No. Salaried employees can be either exempt or nonexempt. If nonexempt, they must be paid overtime. ## Meal and rest breaks Employment law in California requires workers be provided with unpaid 30-minute [meal breaks](https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm) and paid 10-minute [rest breaks](https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm) if they work a certain number of hours in a day. They must receive one meal break if they work more than five hours in a day and a second meal break for more than 10 hours of work in a day. They’re entitled to one rest break for every four hours worked. California employees working outdoors also have the right to take [additional rest breaks](https://www.99calor.org/Prevent-Heat-Illness.html) in the shade when needed to cool down. ### Do California labor laws permit employees to voluntarily waive their right to take meal breaks? If the employee and employer both consent: - Employees who work no more than six hours in a day can waive their first meal break. - Employees who work more than 10 but no more than 12 hours and have taken their first meal break can waive their second. ### Are employers ever required to pay for meal breaks? Yes. Employers must pay wages at a worker’s regular rate of pay for meal breaks if, due to the nature of the work, the employee is not relieved of all duty during the entire 30-minute period and is not free to leave the premises. ### Can the break time in a 10-minute rest break be split into two five-minute breaks? No. The 10 minutes in a paid rest break must be taken consecutively. ## Workplace safety and health California’s [Division of Occupational Safety and Health (DOSH)](https://www.dir.ca.gov/occupational_safety.html) protects the health and safety of non-federal workers in California through the [Cal/OSHA](https://www.dir.ca.gov/dosh/) program. [Employer responsibilities](https://www.dir.ca.gov/dosh/EmployerInformation.htm "Employer responsibilities") include establishing an illness and injury prevention program, providing and maintaining safe tools and equipment, warning about potential hazards, and immediately [reporting to Cal/OSHA](https://www.dir.ca.gov/dosh/report-accident-or-injury.html) any work-related serious injuries or illnesses, or deaths. ### Do California workers have the right to refuse to do hazardous work? Yes, but only if doing the work would [violate a Cal/OSHA regulation](https://www.dir.ca.gov/dosh/documents/health-and-safety-rights-for-workers.pdf) and would create a hazard for the worker or their coworkers. ### How much health and safety training are California employers required to provide for their employees? All employers in California are required to provide health and safety training following the requirements in [Title 8](https://www.dir.ca.gov/title8/3203.html). These include training for all new employees. [Additional requirements](https://www.dir.ca.gov/dosh/etools/09-002/whatrequired.htm) for training topics and frequency depend on the type of work that employees are doing. ### Do California labor laws require California employers to do anything to help prevent violence in the workplace? Yes. Effective July 1, 2024, most California employers must create and implement a written [workplace violence prevention plan](https://www.dir.ca.gov/dosh/workplace-violence.html). [![Employment Law resources](https://legal.thomsonreuters.com/blog/wp-content/uploads/sites/19/2024/09/TR4738714_03A_2500x1406-1-690x388.webp)![Employment Law resources](https://legal.thomsonreuters.com/blog/wp-content/uploads/sites/19/2024/09/TR4738714_03A_2500x1406-1-690x388.webp)](https://legal.thomsonreuters.com/en/insights/white-papers/practical-law-resources-for-employment-attorneys/form) ## Employment Law resources Practical Law resources from Thomson Reuters attorney-editors [Discover expert insights ↗](https://legal.thomsonreuters.com/en/insights/white-papers/practical-law-resources-for-employment-attorneys/form) ### ## Discrimination and harassment The California Fair Employment and Housing Act (FEHA) and associated regulations prohibit harassment and discrimination against employees on the basis of [protected characteristics](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/01/Workplace-Discrimination-Poster_ENG.pdf). They also prohibit retaliation against employees for asserting their rights. The [California Equal Pay Act](https://www.dir.ca.gov/dlse/california_equal_pay_act.htm) prohibits employers from paying employees less than employees of a different sex, race, or ethnicity for substantially similar work. ### Are all California employers subject to the anti-harassment and anti-discrimination provisions of the FEHA? The FEHA applies to all California employers except the federal government and non-profit religious organizations. However, only employers with [five or more employees](https://calcivilrights.ca.gov/employment/#faqABody) are subject to the anti-discrimination provisions. This limitation does not apply to anti-harassment provisions, which apply to employers with as few as one employee or independent contractor. ### Is it illegal to harass volunteers? Yes. In addition to employees and job applicants, other workers are also protected against harassment in California: volunteers, unpaid interns, and independent contractors. ### Do employers have to provide sexual harassment training? California employers with five or more employees and public employers must provide sexual harassment training, which includes harassment based on sexual orientation, gender expression, and gender identity. ## Paid sick leave As of January 1, 2024, most employees in California are entitled to 40 hours or five days —whichever is more — of [paid sick leave](https://legal.thomsonreuters.com/blog/paid-sick-leave-laws-and-the-family-and-medical-leave-act/) per year to take care of themselves or a family member. [Before 2024](https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm), the previous employment law only required California employers to provide 24 hours or three days paid sick leave per year. Paid sick leave can be used for preventative care, diagnoses, healthcare for an existing condition, or for specified purposes for victims of sexual assault, stalking, or domestic violence. ### Who is eligible for paid sick leave? Full-time, part-time, and temporary workers who have worked for the same employer for 30 days in a year and have completed 90 days of employment for the same employer are entitled to paid sick leave. ### Are California employees entitled to use all of their sick leave days at the beginning of the year? California employers can choose whether to provide all sick leave days at once or to use an accrual system, where employees earn [California laws](https://www.dir.ca.gov/dlse/California-Paid-Sick-Leave.html#main-content) for every 30 days they work. ### Does the requirement for employers to provide 40 hours or five days of paid sick leave per year refer to a calendar year? The “per year” requirement can be any 12-month period. It can be a calendar year, fiscal year, or a 12-month period based on an employee’s start date. ## Family and medical leave Eligible California employees are entitled to [up to 12 weeks of unpaid leave](https://calcivilrights.ca.gov/family-medical-pregnancy-leave/) to care for their own or a family member’s serious health condition or to bond with a new child and up to five days of [bereavement leave](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/04/Bereavement-Leave_AB-1949_FAQ_ENG.pdf). The California Family Rights Act (CFRA) provides these rights, and the Civil Rights Department (CRD) enforces them. California workers are also covered by the federal Family Medical Leave Act (FMLA). ### How long does an employee have to work to be eligible to take CFRA leave? To be eligible, [an employee must](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Family-Care-and-Medical-Leave-Fact-Sheet_ENG.pdf): - Work for an employer that has five or more employees - Have worked for that employer for more than 12 months - Have worked at least 1,250 hours for that employer in the 12 months prior to the start of the leave ### Do California labor laws give employees the right to return to their jobs after their leave? Yes. CFRA leave is job-protected. If an employee’s original job is no longer available, employers must offer a comparable position where possible. ### Can employees use their CFRA leave to take care of a friend? As of January 1, 2023, employees can use their CFRA leave to take care of a “[designated person](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/02/Expanded-Family-And-Medical-Leave_ENG.pdf).” This can be a blood relative or someone who is like family, such as a close friend or unmarried partner. ## Workers’ compensation [All California employers](https://www.dir.ca.gov/dwc/Employer.htm) are required to have workers’ compensation insurance that provides benefits for employees’ work-related injuries and illnesses. Employers must cover the cost of the insurance coverage and [cannot ask employees](https://www.dir.ca.gov/dwc/faqs.html) to help pay for premiums. [Benefits for eligible employees](https://www.dir.ca.gov/dwc/WCFaqIW.html) are for medical care, temporary disability, permanent disability, retraining, and death. ### Who is entitled to death benefits? If an employee dies from a work-related injury or illness, their spouse, children, or other dependents are entitled to [death benefits](https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm#DeathBenefits "death benefits"), including reasonable burial expenses, based on the number of dependents. ### What types of treatments are covered by workers’ compensation in California? Medical treatments must be [evidence-based](https://www.dir.ca.gov/dwc/Attorney.htm). The state has guidelines, including a medical treatment utilization schedule (MTUS), that covers the type, frequency, intensity, and duration of treatments for specific injuries. ### Where do I file petitions for reconsideration, removal, or disqualification? Petitions [must be filed](https://www.dir.ca.gov/wcab/WCAB_PetitionforReconsideration.htm) using the [Electronic Adjudication Management System (EAMS)](https://www.dir.ca.gov/dwc/eams/EAMS_EformsFilers.html) or with the applicable district office. [To use EAMS](https://www.dir.ca.gov/dwc/eams/EAMS_EformsFilers.html), you’ll need to complete an e-form agreement and take an introductory training program. ## At-Will employment California is an at-will state. That means that employers can fire employees, and employees can quit, for any reason, including a bad reason or no reason, as long as it’s not an illegal reason. [Giving advance notice is not required](https://www.dir.ca.gov/dlse/TerminationOfEmployment.pdf) unless there was a prior agreement to the contrary between the employer and employee. Keep in mind, though, that Labor Code sections 201 and 227.3 require that terminated employees receive their final paycheck, including accrued vacation time, [immediately at the time they are terminated](https://www.dir.ca.gov/dlse/faq_paydays.htm) and not have it held until the end of the pay period. ### If there is a union contract, how does that affect at-will employment? There’s an exception to at-will employment for employees covered by a collective bargaining agreement. The terms of the agreement control when and for what reasons employees can be terminated. ### When is terminating an employee unlawful discrimination? It’s unlawful to fire an employee if there is a discriminatory motive based on [California’s protected classes](https://www.senate.ca.gov/protected-classes). ### What are other situations where it’s unlawful to fire an employee in California? Under California labor laws, termination is unlawful if: - It’s done as [retaliation](https://www.dir.ca.gov/dlse/howtofilelinkcodesections.htm) for employees asserting their protected rights. This includes whistleblowing, engaging in collective bargaining activities, filing a complaint with the Labor Commissioner, serving on a jury or otherwise requesting time off that employees are entitled to take. - Employees are fired for their political beliefs. - They are terminated for trivial or pretextual reasons if they have an express or implied employment contract that specifies that employees can only be terminated for good cause. ## Wrongful termination Although California is an at-will state, state labor laws specifically prohibit certain reasons for termination. These include discriminating against employees based on their [protected characteristics](https://calcivilrights.ca.gov/employment/) or as [retaliation](https://www.dir.ca.gov/dlse/howtofilelinkcodesections.htm) for employees engaging in activities protected by the California Labor Code or asserting their legally protected rights. ### What are the remedies for discriminatory wrongful termination in California? [Remedies may include](https://calcivilrights.ca.gov/employment/#remediesBody) payment of past and future lost earnings, reinstatement in the lost job, reasonable accommodations, promotion, damages for emotional distress, punitive damages, and attorney’s fees and costs. ### What are examples of activities protected by California labor laws? It is illegal to fire employees in California for engaging in [protected activities](https://www.dir.ca.gov/dlse/Glossary.asp?Button1=P#protected%20activity) that include: - Complaining about workplace safety conditions - Engaging in political activities - Serving on a jury or appearing as a witness in court - Filing a claim with the California Labor Commissioner or threatening to do so - Talking with coworkers about pay or working conditions - Joining with coworkers to talk to the media about working conditions ### When is whistleblowing protected? Employers may not terminate employees because of [whistleblowing](https://www.dir.ca.gov/dlse/whistleblowersnotice.pdf) activity. This includes employees disclosing information that they reasonably believe shows a violation of state or federal law, rules, or regulations or unsafe working conditions in the employee’s workplace. Protected whistleblowing also includes employees refusing to engage in activities that would violate laws, rules, or regulations. ## Further research and resources Do you need to perform further research on any of these topics? Use the curated content below featuring practices notes, templates, toolkits, and guides from Practical Law. Practical Law’s resources are written and maintained by over 650 dedicated full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies. 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[State Q\&A Comparison Tool ↗](https://content.next.westlaw.com/practical-law/state-qa?transitionType=Default&contextData=$sc.Default$) ### Practice Notes California Employment Law Practice Notes - - [Practice Note: Employee Benefits Law: Overview](https://content.next.westlaw.com/practical-law/document/Icf4a7201ef0a11e28578f7ccc38dcbee/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=$sc.) - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https://content.next.westlaw.com/practical-law/document/I59fa51dc5cd711e79bef99c0ee06c731/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\(sc.Default$) - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https://content.next.westlaw.com/practical-law/document/Ic131d2442f9f11e498db8b09b4f043e0/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=$sc.Default$) California Employment Law Practice Notes - - [Practice Note: Employee Benefits Law: Overview](https://content.next.westlaw.com/practical-law/document/Icf4a7201ef0a11e28578f7ccc38dcbee/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=$sc.) - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https://content.next.westlaw.com/practical-law/document/I59fa51dc5cd711e79bef99c0ee06c731/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\(sc.Default$) - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https://content.next.westlaw.com/practical-law/document/Ic131d2442f9f11e498db8b09b4f043e0/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=$sc.Default$) ### Templates Practical Law Standard Documents - - [Founder’s Stock Purchase Agreement (Startups)](https://content.next.westlaw.com/practical-law/document/I7d424e8d515111ec9f24ec7b211d8087/Founder-s-Stock-Purchase-Agreement-Startups?viewType=FullText&transitionType=Default&contextData=$sc.Default$#:~:text=$National%2FFederal$-,A%20form%20of%20founder's%20stock%20purchase%20agreement%20to%20be%20used,important%20explanations%20and%20drafting%20tips.) - [Technology Assignment Agreement (Short Form; Startups)](https://content.next.westlaw.com/practical-law/document/I90c43c1930fd11ecbea4f0dc9fb69570/Technology-Assignment-Agreement-Short-Form-Startups?viewType=FullText&transitionType=Default&contextData=$sc.Default$) - [Proprietary Information and Inventions Agreement (Startups)](https://content.next.westlaw.com/practical-law/document/I2678d41122ff11ed9f24ec7b211d8087/Proprietary-Information-and-Inventions-Agreement-Startups?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=e7a7686d710548ba9d5b7b16b7ce59c8&contextData=$sc.DocLink$) ### Toolkits and guides A Q\&A guide to release of claims agreements for private employers in California. This Q\&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q\&A Tool). 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Overview with research and how-to resources [California laws](https://www.dir.ca.gov/dlse/California-Paid-Sick-Leave.html#main-content) • California labor and employment laws California has exceptionally strong legal protections for employees in areas including: - minimum wage - overtime pay - required meal and rest breaks - workplace safety and health - paid sick leave - family and medical leave - worker’s compensation - and protection against discrimination, harassment, and wrongful termination In many of these areas, California employment law is more favorable to workers than the equivalent provisions under federal law. This content provides an overview of California labor laws and a reliable starting place for attorneys to perform further research. Employers and employees may use the State Bar of California’s [Certified Lawyer Referral Services](https://www.calbar.ca.gov/Public/Need-Legal-Help/Certified-Lawyer-Referral-Services-Directory "Certified Lawyer Referral Services") that maintains a list of lawyer referral services that are certified by the State Bar. Jump to ↓ | | | | | |---|---|---|---| | | [Minimum wage](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#minimum-wage) | | [Family and medical leave](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#family-and-medical-leave) | | | [Overtime pay](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#overtime-pay) | | [Workers’ compensation](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#workers-compensation) | | | [Meal and rest breaks](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#meal-and-rest-breaks) | | [At-Will employment](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#at-will-employment) | | | [Workplace safety and health](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#workplace-safety-and-health) | | [Wrongful termination](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#wrongful-termination) | | | [Discrimination and harassment](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#discrimination-and-harassment) | | [Research and how-to resources](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#how-to-resources) | | | [Paid sick leave](https://legal.thomsonreuters.com/blog/california-labor-and-employment-laws/#paid-sick-leave) | | | ## Minimum wage As of January 1, 2024, California’s [minimum wage](https://www.dir.ca.gov/dlse/faq_minimumwage.htm) is \$16 per hour. However, the minimum wage is higher for workers in some industries and in some locations. For example, the minimum hourly rate for [fast food workers](https://www.dir.ca.gov/dlse/Fast-Food-Minimum-Wage-FAQ.htm) in California is \$20 per hour, as of April 1, 2024. About 40 California [cities and counties](https://laborcenter.berkeley.edu/inventory-of-us-city-and-county-minimum-wage-ordinances/#s-2) have higher minimum wages than the state’s rate. As of July 1, 2024, the city of Emeryville has the highest rate at \$19.36 per hour. The California Labor Commissioner considers paying employees less than the minimum to be a form of [wage theft](https://www.dir.ca.gov/dlse/Examples_of_Wage_Theft.html). | Date | Minimum wage for employers with 25 employees or less | Minimum wage for employers with 26 employees or more | |---|---|---| | January 1, 2017 | \$10.00/hour | \$10.50/hour | | January 1, 2018 | \$10.50/hour | \$11.00/hour | | January 1, 2019 | \$11.00/hour | \$12.00/hour | | January 1, 2020 | \$12.00/hour | \$13.00/hour | | January 1, 2021 | \$13.00/hour | \$14.00/hour | | January 1, 2022 | \$14.00/hour | \$15.00/hour | | January 1, 2023 | \$15.50/hour | \$15.50/hour | | January 1, 2024 | \$16.00/hour | \$16.00/hour | Source: Adapted from the [State of California Department of Industrial Relations](https://www.dir.ca.gov/dlse/faq_minimumwage.htm) ### Can an employee voluntarily work for less than the minimum wage? No. Employers are required to pay minimum wage. Agreements between employers and employees cannot violate laws, including the minimum wage laws, that are designed to protect employees. ### Will the California minimum wage keep on going higher? Although the minimum wage has passed the end of the [phase-in period](https://www.dir.ca.gov/dlse/sb3_faq.htm), it will continue to be adjusted for inflation every year, with a maximum annual increase of 3.5 percent. Increases are based on the national consumer price index (CPI) for urban and clerical workers. The rate will never go down, even if the CPI for a particular year is negative. ### Are employers with 25 or fewer employees still able to pay a lower minimum wage? No. Since January 1, 2023, the California minimum wage has been the same for employers of all sizes. ## Overtime pay With [some exemptions](https://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm), nonexempt employees [must be paid overtime](https://www.dir.ca.gov/dlse/faq_overtime.htm) in California if they work more than eight hours in a workday, more than 40 hours in a workweek, or more than six days per workweek. ### What is the maximum number of hours an employee can work in a week under California labor laws? For workers aged 18 and up, there is no maximum, as long as nonexempt employees are paid the required overtime rates. For minors, however, there are [limits](https://www.dir.ca.gov/dlse/minorssummarycharts.pdf) on how many hours they can work based on their age. ### What are the overtime pay requirements in California? Nonexempt employees must be paid one-and-a-half times their regular rate of pay for hours worked: - More than eight hours and up to 12 hours in a day - More than 40 hours in a workweek - For the first eight hours on the seventh day of work in a workweek A nonexempt employee must be paid at least two times the employee’s regular pay rate for work that is: - More than 12 hours in a day - More than eight hours on the seventh day of work in a workweek ### Are salaried employees always exempt from overtime? No. Salaried employees can be either exempt or nonexempt. If nonexempt, they must be paid overtime. ## Meal and rest breaks Employment law in California requires workers be provided with unpaid 30-minute [meal breaks](https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm) and paid 10-minute [rest breaks](https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm) if they work a certain number of hours in a day. They must receive one meal break if they work more than five hours in a day and a second meal break for more than 10 hours of work in a day. They’re entitled to one rest break for every four hours worked. California employees working outdoors also have the right to take [additional rest breaks](https://www.99calor.org/Prevent-Heat-Illness.html) in the shade when needed to cool down. ### Do California labor laws permit employees to voluntarily waive their right to take meal breaks? If the employee and employer both consent: - Employees who work no more than six hours in a day can waive their first meal break. - Employees who work more than 10 but no more than 12 hours and have taken their first meal break can waive their second. ### Are employers ever required to pay for meal breaks? Yes. Employers must pay wages at a worker’s regular rate of pay for meal breaks if, due to the nature of the work, the employee is not relieved of all duty during the entire 30-minute period and is not free to leave the premises. ### Can the break time in a 10-minute rest break be split into two five-minute breaks? No. The 10 minutes in a paid rest break must be taken consecutively. ## Workplace safety and health California’s [Division of Occupational Safety and Health (DOSH)](https://www.dir.ca.gov/occupational_safety.html) protects the health and safety of non-federal workers in California through the [Cal/OSHA](https://www.dir.ca.gov/dosh/) program. [Employer responsibilities](https://www.dir.ca.gov/dosh/EmployerInformation.htm "Employer responsibilities") include establishing an illness and injury prevention program, providing and maintaining safe tools and equipment, warning about potential hazards, and immediately [reporting to Cal/OSHA](https://www.dir.ca.gov/dosh/report-accident-or-injury.html) any work-related serious injuries or illnesses, or deaths. ### Do California workers have the right to refuse to do hazardous work? Yes, but only if doing the work would [violate a Cal/OSHA regulation](https://www.dir.ca.gov/dosh/documents/health-and-safety-rights-for-workers.pdf) and would create a hazard for the worker or their coworkers. ### How much health and safety training are California employers required to provide for their employees? All employers in California are required to provide health and safety training following the requirements in [Title 8](https://www.dir.ca.gov/title8/3203.html). These include training for all new employees. [Additional requirements](https://www.dir.ca.gov/dosh/etools/09-002/whatrequired.htm) for training topics and frequency depend on the type of work that employees are doing. ### Do California labor laws require California employers to do anything to help prevent violence in the workplace? Yes. Effective July 1, 2024, most California employers must create and implement a written [workplace violence prevention plan](https://www.dir.ca.gov/dosh/workplace-violence.html). ## Discrimination and harassment The California Fair Employment and Housing Act (FEHA) and associated regulations prohibit harassment and discrimination against employees on the basis of [protected characteristics](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/01/Workplace-Discrimination-Poster_ENG.pdf). They also prohibit retaliation against employees for asserting their rights. The [California Equal Pay Act](https://www.dir.ca.gov/dlse/california_equal_pay_act.htm) prohibits employers from paying employees less than employees of a different sex, race, or ethnicity for substantially similar work. ### Are all California employers subject to the anti-harassment and anti-discrimination provisions of the FEHA? The FEHA applies to all California employers except the federal government and non-profit religious organizations. However, only employers with [five or more employees](https://calcivilrights.ca.gov/employment/#faqABody) are subject to the anti-discrimination provisions. This limitation does not apply to anti-harassment provisions, which apply to employers with as few as one employee or independent contractor. ### Is it illegal to harass volunteers? Yes. In addition to employees and job applicants, other workers are also protected against harassment in California: volunteers, unpaid interns, and independent contractors. ### Do employers have to provide sexual harassment training? California employers with five or more employees and public employers must provide sexual harassment training, which includes harassment based on sexual orientation, gender expression, and gender identity. ## Paid sick leave As of January 1, 2024, most employees in California are entitled to 40 hours or five days —whichever is more — of [paid sick leave](https://legal.thomsonreuters.com/blog/paid-sick-leave-laws-and-the-family-and-medical-leave-act/) per year to take care of themselves or a family member. [Before 2024](https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm), the previous employment law only required California employers to provide 24 hours or three days paid sick leave per year. Paid sick leave can be used for preventative care, diagnoses, healthcare for an existing condition, or for specified purposes for victims of sexual assault, stalking, or domestic violence. ### Who is eligible for paid sick leave? Full-time, part-time, and temporary workers who have worked for the same employer for 30 days in a year and have completed 90 days of employment for the same employer are entitled to paid sick leave. ### Are California employees entitled to use all of their sick leave days at the beginning of the year? California employers can choose whether to provide all sick leave days at once or to use an accrual system, where employees earn [California laws](https://www.dir.ca.gov/dlse/California-Paid-Sick-Leave.html#main-content) for every 30 days they work. ### Does the requirement for employers to provide 40 hours or five days of paid sick leave per year refer to a calendar year? The “per year” requirement can be any 12-month period. It can be a calendar year, fiscal year, or a 12-month period based on an employee’s start date. ## Family and medical leave Eligible California employees are entitled to [up to 12 weeks of unpaid leave](https://calcivilrights.ca.gov/family-medical-pregnancy-leave/) to care for their own or a family member’s serious health condition or to bond with a new child and up to five days of [bereavement leave](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/04/Bereavement-Leave_AB-1949_FAQ_ENG.pdf). The California Family Rights Act (CFRA) provides these rights, and the Civil Rights Department (CRD) enforces them. California workers are also covered by the federal Family Medical Leave Act (FMLA). ### How long does an employee have to work to be eligible to take CFRA leave? To be eligible, [an employee must](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Family-Care-and-Medical-Leave-Fact-Sheet_ENG.pdf): - Work for an employer that has five or more employees - Have worked for that employer for more than 12 months - Have worked at least 1,250 hours for that employer in the 12 months prior to the start of the leave ### Do California labor laws give employees the right to return to their jobs after their leave? Yes. CFRA leave is job-protected. If an employee’s original job is no longer available, employers must offer a comparable position where possible. ### Can employees use their CFRA leave to take care of a friend? As of January 1, 2023, employees can use their CFRA leave to take care of a “[designated person](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/02/Expanded-Family-And-Medical-Leave_ENG.pdf).” This can be a blood relative or someone who is like family, such as a close friend or unmarried partner. ## Workers’ compensation [All California employers](https://www.dir.ca.gov/dwc/Employer.htm) are required to have workers’ compensation insurance that provides benefits for employees’ work-related injuries and illnesses. Employers must cover the cost of the insurance coverage and [cannot ask employees](https://www.dir.ca.gov/dwc/faqs.html) to help pay for premiums. [Benefits for eligible employees](https://www.dir.ca.gov/dwc/WCFaqIW.html) are for medical care, temporary disability, permanent disability, retraining, and death. ### Who is entitled to death benefits? If an employee dies from a work-related injury or illness, their spouse, children, or other dependents are entitled to [death benefits](https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm#DeathBenefits "death benefits"), including reasonable burial expenses, based on the number of dependents. ### What types of treatments are covered by workers’ compensation in California? Medical treatments must be [evidence-based](https://www.dir.ca.gov/dwc/Attorney.htm). The state has guidelines, including a medical treatment utilization schedule (MTUS), that covers the type, frequency, intensity, and duration of treatments for specific injuries. ### Where do I file petitions for reconsideration, removal, or disqualification? Petitions [must be filed](https://www.dir.ca.gov/wcab/WCAB_PetitionforReconsideration.htm) using the [Electronic Adjudication Management System (EAMS)](https://www.dir.ca.gov/dwc/eams/EAMS_EformsFilers.html) or with the applicable district office. [To use EAMS](https://www.dir.ca.gov/dwc/eams/EAMS_EformsFilers.html), you’ll need to complete an e-form agreement and take an introductory training program. ## At-Will employment California is an at-will state. That means that employers can fire employees, and employees can quit, for any reason, including a bad reason or no reason, as long as it’s not an illegal reason. [Giving advance notice is not required](https://www.dir.ca.gov/dlse/TerminationOfEmployment.pdf) unless there was a prior agreement to the contrary between the employer and employee. Keep in mind, though, that Labor Code sections 201 and 227.3 require that terminated employees receive their final paycheck, including accrued vacation time, [immediately at the time they are terminated](https://www.dir.ca.gov/dlse/faq_paydays.htm) and not have it held until the end of the pay period. ### If there is a union contract, how does that affect at-will employment? There’s an exception to at-will employment for employees covered by a collective bargaining agreement. The terms of the agreement control when and for what reasons employees can be terminated. ### When is terminating an employee unlawful discrimination? It’s unlawful to fire an employee if there is a discriminatory motive based on [California’s protected classes](https://www.senate.ca.gov/protected-classes). ### What are other situations where it’s unlawful to fire an employee in California? Under California labor laws, termination is unlawful if: - It’s done as [retaliation](https://www.dir.ca.gov/dlse/howtofilelinkcodesections.htm) for employees asserting their protected rights. This includes whistleblowing, engaging in collective bargaining activities, filing a complaint with the Labor Commissioner, serving on a jury or otherwise requesting time off that employees are entitled to take. - Employees are fired for their political beliefs. - They are terminated for trivial or pretextual reasons if they have an express or implied employment contract that specifies that employees can only be terminated for good cause. ## Wrongful termination Although California is an at-will state, state labor laws specifically prohibit certain reasons for termination. These include discriminating against employees based on their [protected characteristics](https://calcivilrights.ca.gov/employment/) or as [retaliation](https://www.dir.ca.gov/dlse/howtofilelinkcodesections.htm) for employees engaging in activities protected by the California Labor Code or asserting their legally protected rights. ### What are the remedies for discriminatory wrongful termination in California? [Remedies may include](https://calcivilrights.ca.gov/employment/#remediesBody) payment of past and future lost earnings, reinstatement in the lost job, reasonable accommodations, promotion, damages for emotional distress, punitive damages, and attorney’s fees and costs. ### What are examples of activities protected by California labor laws? It is illegal to fire employees in California for engaging in [protected activities](https://www.dir.ca.gov/dlse/Glossary.asp?Button1=P#protected%20activity) that include: - Complaining about workplace safety conditions - Engaging in political activities - Serving on a jury or appearing as a witness in court - Filing a claim with the California Labor Commissioner or threatening to do so - Talking with coworkers about pay or working conditions - Joining with coworkers to talk to the media about working conditions ### When is whistleblowing protected? Employers may not terminate employees because of [whistleblowing](https://www.dir.ca.gov/dlse/whistleblowersnotice.pdf) activity. This includes employees disclosing information that they reasonably believe shows a violation of state or federal law, rules, or regulations or unsafe working conditions in the employee’s workplace. Protected whistleblowing also includes employees refusing to engage in activities that would violate laws, rules, or regulations. ## Further research and resources Do you need to perform further research on any of these topics? Use the curated content below featuring practices notes, templates, toolkits, and guides from Practical Law. Practical Law’s resources are written and maintained by over 650 dedicated full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies. ### Practice Notes California Employment Law Practice Notes - - [Practice Note: Employee Benefits Law: Overview](https://content.next.westlaw.com/practical-law/document/Icf4a7201ef0a11e28578f7ccc38dcbee/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=$sc.) - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https://content.next.westlaw.com/practical-law/document/I59fa51dc5cd711e79bef99c0ee06c731/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\(sc.Default$) - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https://content.next.westlaw.com/practical-law/document/Ic131d2442f9f11e498db8b09b4f043e0/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=$sc.Default$) California Employment Law Practice Notes - - [Practice Note: Employee Benefits Law: Overview](https://content.next.westlaw.com/practical-law/document/Icf4a7201ef0a11e28578f7ccc38dcbee/Employee-Benefits-Law-Overview?viewType=FullText&transitionType=Default&contextData=$sc.) - [Practice Note: California Employment Laws More Favorable to Employee Plaintiffs](https://content.next.westlaw.com/practical-law/document/I59fa51dc5cd711e79bef99c0ee06c731/California-Employment-Laws-More-Favorable-to-Employee-Plaintiffs?viewType=FullText&transitionType=Default&contextData=\(sc.Default$) - [Employment Law Issues for Startups, Entrepreneurs, and Growing Businesses: Overview](https://content.next.westlaw.com/practical-law/document/Ic131d2442f9f11e498db8b09b4f043e0/Employment-Law-Issues-for-Startups-Entrepreneurs-and-Growing-Businesses-Overview?viewType=FullText&transitionType=Default&contextData=$sc.Default$) ### Templates Practical Law Standard Documents - - [Founder’s Stock Purchase Agreement (Startups)](https://content.next.westlaw.com/practical-law/document/I7d424e8d515111ec9f24ec7b211d8087/Founder-s-Stock-Purchase-Agreement-Startups?viewType=FullText&transitionType=Default&contextData=$sc.Default$#:~:text=$National%2FFederal$-,A%20form%20of%20founder's%20stock%20purchase%20agreement%20to%20be%20used,important%20explanations%20and%20drafting%20tips.) - [Technology Assignment Agreement (Short Form; Startups)](https://content.next.westlaw.com/practical-law/document/I90c43c1930fd11ecbea4f0dc9fb69570/Technology-Assignment-Agreement-Short-Form-Startups?viewType=FullText&transitionType=Default&contextData=$sc.Default$) - [Proprietary Information and Inventions Agreement (Startups)](https://content.next.westlaw.com/practical-law/document/I2678d41122ff11ed9f24ec7b211d8087/Proprietary-Information-and-Inventions-Agreement-Startups?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=e7a7686d710548ba9d5b7b16b7ce59c8&contextData=$sc.DocLink$) ### Toolkits and guides A Q\&A guide to release of claims agreements for private employers in California. This Q\&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q\&A Tool). California employment law guide and toolkit - - [Employment Claims in Release Agreements: California](https://content.next.westlaw.com/practical-law/document/Id16946bdef2911e28578f7ccc38dcbee/Employment-Claims-in-Release-Agreements-California?viewType=FullText&transitionType=Default&contextData=$sc.Default$) - [California Employee Handbook Toolkit](https://content.next.westlaw.com/practical-law/document/I712ffa49997611e8a5b3e3d9e23d7429/California-Employee-Handbook-Toolkit?viewType=FullText&transitionType=Default&contextData=$sc.Default$ "California Employee Handbook Toolkit")

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