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| Boilerpipe Text | by
The
Brightmine Editorial Team
Many consider California the state with the most proscriptive variances from federal law, including broader antidiscrimination protections, a higher minimum wage, paid family leave insurance and paid sick leave.
Select California employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must
comply
with both federal and state law.
An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.
EEO, diversity and employee relations
Key California requirements impacting EEO, diversity and employee relations are:
Fair employment practices
The California Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from discriminating in the terms and conditions of employment. Protected characteristics include:
Race (including hair texture, protective hairstyles and other traits historically associated with race)
Religion
Color
National origin and ancestry
Physical or mental disability
Medical condition
Genetic information
Marital status
Sex (including breastfeeding and related conditions)
Sexual orientation
Gender identity/gender expression
Pregnancy (including childbirth and related medical conditions)
Age
Military or veteran status
Harassment is a form of illegal discrimination that is prohibited under the FEHA.
The FEHA also prohibits retaliation against a person who opposes, reports or assists another person in opposing unlawful discrimination.
Explore most comprehensive collection of California employment law resources managed by trusted HR experts
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Get answers to your compliance questions from in-house human HR experts.
Equal pay
California prohibits discrimination on the basis of sex, race and ethnicity in the payment of wages for substantially similar work. As a defense against a wage discrimination claim, an employer must show that the pay differential is based on a bona fide factor other than sex, such as seniority, merit, quality or quantity of production, education, training or experience. Prior salary, on its own, does not justify a wage differential.
Discussion of wages
An employer may not prohibit employees from disclosing, discussing or inquiring about their own wages or the wages of another employee and may not discriminate or retaliate against employees for engaging in such conduct.
Pregnancy accommodation
The FEHA requires an employer to provide reasonable accommodations to an employee because of pregnancy, childbirth or a related medical condition. Examples of reasonable accommodations include modified duties, schedules or equipment.
Religious accommodation
The FEHA explicitly provides for religious accommodation in employment. The FEHA requires an employer to show significant difficulty or expense to prove undue hardship, versus theÂ
de minimus
 standard under federal law.
Disability accommodation
An employer is obligated to provide reasonable accommodations to qualified individuals with disabilities. The FEHA makes it a separate violation for an employer to fail to engage in the interactive process.
Access to personnel files
California employers must provide current and former employees with access to their personnel files. The employer must make the records available for inspection by the requester at reasonable times and intervals, but generally no later than 30 calendar days after receiving a written request. The employer may charge a fee that equals the actual cost of copying the materials.
Whistleblower protections
A California employer may not make, adopt or enforce any rule, regulation or policy preventing an employee from being a whistleblower. Also, an employer may not retaliate because an employee:
Is a whistleblower;
Refuses to participate in an activity that would result in a violation of a state or federal statute or a violation of or noncompliance with a state or federal rule or regulation; or
Exercises his or her rights as a whistleblower in any former employment.
A whistleblower is an employee who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses:
A violation of a state or federal statute;
A violation of or noncompliance with a state or federal rule or regulation; or
Unsafe working conditions or work practices in the employee’s employment or place of employment.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
Recruiting and hiring
Key California requirements impacting recruiting and hiring are:
Credit checks
Under the Consumer Credit Reporting Agencies Act, an employer may perform credit checks only for certain positions (e.g., a law enforcement position), and it must provide applicants for such positions with notice that a credit check will be performed. Further, the employer must notify applicants of any adverse action taken on the basis of the credit check.
Criminal checks
An employer must show that any criminal history information sought is job-related and consistent with business necessity. The employer may not consider certain types of criminal history when making hiring decisions, including:
An arrest that did not result in conviction
Participation in a pre-trial or post-trial diversion program
Convictions that have been ordered sealed, expunged or eliminated by statute
An arrest, detention or court disposition that occurred while a person was subject to a juvenile court
A nonfelony conviction for marijuana possession that is more than two years old
Consumer reports
An employer may seek investigative consumer reports for employment purposes. The Investigative Consumer Reporting Agencies Act requires the employer to provide written notice to applicants before the report is procured.
Drug testing
Drug testing of job applicants is allowed in California. An employer must provide applicants with notice of the drug testing requirement.
Ban the box
The California Fair Employment and Housing Act prohibits an employer with five or more employees from including any question on a job application that asks about the applicant’s criminal conviction history. This statewide “ban the box” law also prohibits covered employers from inquiring about or considering an applicant’s criminal history until the applicant has received a conditional offer.
Salary history inquiry restrictions
California prohibits an employer from relying on a job applicant’s salary history as a factor in determining whether to offer employment or what salary to offer. The law bans employers from asking applicants about their salary history, including compensation and benefits, orally or in writing.
An employer may consider or rely on salary history information that an applicant discloses voluntarily and without prompting, but may not rely on prior salary, by itself, to justify any disparity in compensation. In addition, an employer must provide a position’s pay scale to an applicant who makes a reasonable request for that information.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
Wage and hour
Track minimum wage requirements in over 40 California localities with one chart
Make minimum wage tracking in California easier than ever with our 50-state chart. Get the details you need, including:
Requirements in
41 California localities
, including San Francisco, San Jose, Los Angeles, San Diego and more
Industry-specific
minimum wage requirements, including health care and fast food
Minimum wage requirements based on
employer size
Additional details, such as
applicability
,
exemptions
,
posting requirements
and more
Key California requirements impacting wages and hours are:
Minimum wage
The minimum wage in California is $16.90 per hour. California also has industry-specific minimum wage requirements for fast food and health care employers.
Overtime
California law requires an employer to pay employees overtime for all hours worked in excess of 40 hours in a workweek and eight hours in a workday. An employer is also required to pay overtime to employees who work a seventh consecutive day in a workweek.
A California employer must pay overtime to nonexempt employees at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of 40 in any workweek; for all hours worked in excess of eight, up to and including 12 hours, in any workday; and for the first eight hours of work on the seventh consecutive day of work in a workweek. An employer is further required to pay double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
Rest breaks
A California employer must provide nonexempt employees with a paid 10-minute rest period for each four-hour work period. Rest periods must be given as close to the middle of the work period as is practicable. An employee is entitled to one hour of pay for each workday that the rest period is not authorized or permitted.
Meal breaks
An employer in California must provide nonexempt employees with no less than a 30-minute meal period if they work more than five hours a day. A second meal period of no less than 30 minutes must be provided when the employee’s work period is more than 10 hours. An employee is entitled to one hour of pay for each shift that the meal period is not provided.
Breastfeeding breaks
A California employer must provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk. When possible, the break time should run concurrently with any break time already provided to the employee. Break time that does not run concurrently with the existing break time does not have to be paid. An employer is not required to provide break time if doing so would seriously disrupt the employer’s operations.
An employer must provide an employee with the use of a room or other location for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets certain legal requirements. Under certain circumstances, an employer may claim undue hardship.
An employer must develop and implement a lactation accommodation policy and include it in the employee handbook or policies provided to employees. The employer must distribute the policy to new employees upon hire and when an employee makes an inquiry about or requests parental leave.
Child labor
Child labor laws in California restrict the occupations in which minors may be employed and the number of hours and times during which they may work.
For most occupations, California had adopted the federal standards into its own regulations. However, California’s regulations also forbid minors under the age of 16 from working in additional occupations, involving, among others, several types of machines, railroads, dangerous acids, scaffolding and tobacco.
California also has a complex set of requirements that govern the times during which minors may work. These requirements differ depending on the age of the minor, with separate working time restrictions set out for 16- and 17-year-olds, for 14- and 15-year-olds and for 12- and 13-year-olds.
California requires almost all minors to have a permit to work.
California also has many additional regulations that are specific to the entertainment industry.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
Pay and benefits
Key California requirements impacting pay and benefits are:
Health care continuation
The California Continuation Benefits Replacement Act (Cal-COBRA) requires group health plans issued to employers with two to 19 employees to offer continuation coverage to qualified beneficiaries (employees and eligible dependents). Cal-COBRA mirrors the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) in terms of qualifying events and timelines. Cal-COBRA’s notice requirements and premiums differ from COBRA.
Cal-COBRA also requires group health plans to offer an insured who has exhausted continuation coverage under federal COBRA the opportunity to continue coverage for up to 36 months from the date the insured’s continuation coverage began, if the insured is entitled to fewer than 36 months of COBRA coverage.
Temporary disability insurance
California’s State Disability Insurance (SDI) program is a state-run plan administered by the Employment Development Department (EDD). SDI provides partial wage replacement to eligible workers who are unable to perform their regular or customary work due to a nonwork-related illness or injury, including pregnancy-related conditions. The program is funded entirely by taxes withheld from employees’ wages.
An employer has the option of establishing a voluntary private plan, subject to EDD approval, in lieu of the state-administered plan.
Payment of wages
California requires that employees be paid either in cash or by checks that can be cashed in full, without fees or discounts, at an established place of business located within the state.
Direct deposit is permitted if:
The employee chooses the financial institution;
The financial institution has a branch in California; and
The employee voluntarily authorizes the deposit.
Pay statements
California employers must provide each employee with an accurate, itemized written pay statement in the form of a detachable part of a check or a separate written statement. Statements must be provided each time wages are paid, or at least semimonthly, and must contain the following information:
Gross wages earned
Total hours worked (for nonexempt employees)
Number of piece-rate units earned and the applicable piece rate (for piece-rate basis employees)
All deductions
Net wages earned
Inclusive dates of the pay period
Employee’s name and last four digits of employee’s Social Security Number or employee ID number
Employer’s name and address
All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each rate by the employee
If paying overtime from a previous pay period, the previous overtime shown as a correction, and the inclusive dates for the pay period the overtime was worked
Additional requirements exist for piece-rate employees and temporary services employees.
Pay frequency
Employers must designate paydays in advance.
Nonexempt employees must be paid all wages earned at least twice a month (i.e., semimonthly) on regular paydays designated in advance. Overtime must be paid by the following payday for the next regular payroll period following the payroll period in which the overtime wages were earned.
Exempt employees may be paid once a month on or before the 26th of each month in which the salary is earned, including the amount yet to be earned from the 26th through the end of the month.
Wage deductions
An employer may make deductions from an employee’s wages if required by state or federal law or court order, with the employee’s written authorization or for other permissible reasons, including but not limited to child support withholding, creditor garnishments and tax levies.
Wage notices
The Wage Theft Prevention Act requires an employer to provide notice of certain pay-related information (e.g., the employee’s rate of pay and the basis for such rate, the employer’s regular pay period, the employer’s name) to nonexempt employees at the time of hire and any time the information changes.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
Time off and leaves of absence
Key California requirements impacting time off and leaves of absence are:
Family and medical leave
The California Family Rights Act (CFRA) requires employers with five or more employees to provide eligible employees with up to 12 weeks of job-protected leave in a 12-month period for the employee’s, a covered family member’s, or a designated person’s serious health condition, for the birth or placement for adoption or foster care of a child, or for a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the US Armed Forces. While the CFRA and the federal Family and Medical Leave Act (FMLA) parallel each other to a large degree, there are areas in which they differ, such as covered family members and what is considered a serious health condition.
Paid family leave
California provides for paid family leave (PFL) benefits under a Family Temporary Disability Insurance program. Eligible employees receive partial wage replacement when taking time off to care for a seriously ill family member (i.e., child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling or parent-in-law), to bond with a child within one year of birth or placement for adoption or foster care, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner, or parent who is the US Armed Forces. Employees may take up to eight weeks of PFL in a 12-month period.
Paid sick leave
Under the Healthy Workplaces, Healthy Families Act (HWHFA), eligible employees may take paid sick leave for the following reasons:
Diagnosis, care or treatment of the employee’s or a covered family member’s existing health condition
Preventive care for the employee or a covered family member
For an employee who is a victim of a qualifying act of violence
For an employee who is a victim of any crime and needs time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding
For an employee who is a victim of certain crimes and needs time off to attend judicial proceedings related to that crime (e.g., violent felonies; serious felonies; felonies related to theft or embezzlement; felony child abuse, domestic violence, elder abuse and stalking; and more)
For an employee to serve on an inquest jury or jury trial
For agricultural employees who work outside to avoid smoke, heat or flooding conditions created by a local or state emergency, including but not limited to, when the employee’s worksite is closed due to the smoke, heat or flooding
Other time off requirements affecting California employers
In addition to the CFRA, PFL law and HWHFA, a California employer is also required to comply with more than a dozen other leave and time off laws, such as:
Bereavement leave (covering employers with five or more employees)
Reproductive loss leave (covering employers with five or more employees)
Pregnancy disability leave (covering employers with five or more employees)
Kin care leave
Family military leave (covering employers with 25 or more employees)
Bone marrow and organ donor leave (covering employers with 15 or more employees)
School activities leave (covering employers with 25 or more employees)
School discipline leave
Victims of violence and other crime victims leave
Leave to attend judicial proceedings
Jury duty leave
Voting leave
Election official leave
Military leave
Civil Air Patrol leave (covering employers with more than 15 employees)
Literacy leave (covering employers with 25 or more employees)
Drug and alcohol rehabilitation leave (covering employers with 25 or more employees)
Day of rest requirements
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
Health and safety
Key California requirements impacting health and safety are:
Occupational safety and health
California operates its job safety and health programs covering the private sector under a state plan approved by the federal Occupational Safety and Health Administration (OSHA).
Under the California Occupational Safety and Health Act (Cal/OSH Act), a California employer must provide and maintain a safe and healthful workplace for employees and, to that end, is required to develop and maintain a written, effective Injury and Illness Prevention Program that includes, among other things, instruction on safe workplace practices.
Smoke-free workplace
California bans smoking, including the use of e-cigarettes, in enclosed spaces of places of employment. An employer needs to take reasonable steps to prevent smoking in the workplace, including posting required signs. “No Smoking” signs must be posted at workplace entrances in buildings where smoking is prohibited or “Smoking is prohibited except in designated areas” signs must be posted at workplace entrances in buildings where smoking is permitted in designated areas.
Weapons in the workplace
California restricts individuals who have valid licenses to carry a firearm from carrying concealed firearms in certain public places. The law prohibits a license holder from carrying a concealed firearm on or into a privately owned commercial establishment that is open to the public unless the owner-operator of the establishment opts out by posting a sign.
California also regulates when a valid license holder may transport a firearm and ammunition into the parking area of an otherwise prohibited area or premises. However, state law does not preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
Safe driving practices
Drivers in California are prohibited from holding and operating a hand-held cell phone or electronic wireless communications device, but are permitted to use the voice-operated and hands-free functions on the phone or device. However, a driver may use a single swipe or tap of the finger to operate a hand-held phone or device that is mounted on the windshield, dashboard or center console.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
Organizational exit
Key California requirements impacting organizational exit are:
Final pay
An employer must pay final wages immediately to an employee who is terminated and upon resignation to an employee who provides at least 72 hours’ notice of the intent to resign. If an employee provides fewer than 72 hours’ notice of the intent to resign, then an employer may generally mail final wages within 72 hours.
California law does not permit “use it or lose it” vacation policies. Vacation accruals may be capped, but may not be forfeited. Therefore, unused, accrued vacation must be paid out at the end of employment.
Wages owed to a deceased employee must be paid to the surviving spouse or conservator of the estate. Probate of the will need not have occurred before payment is made. The employer must pay up to $15,000 net for wages due for personal services and unused vacation time. The party requesting payment must present to the employer reasonable proof of identity and an affidavit or a declaration under penalty of perjury making certain statements of fact.
Mass layoff notifications
The California Worker Adjustment and Retraining Notification Act (Cal-WARN Act) provides employees and their families time to prepare for a prospective job loss by requiring an employer to provide advance notice of a plant closing or mass layoff. While the state law is modeled after the federal Worker Adjustment and Retraining Notification Act (WARN Act), there are areas in which they differ, such as the definition of covered employer.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply. |
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[Home](https://www.brightmine.com/us/) \> [Resources](https://www.brightmine.com/us/resources/) \> [HR compliance](https://www.brightmine.com/us/resources/hr-compliance/) \> California employment law overview
# California employment law overview
This California employment law overview reviews requirements employers should know if they have employees working in the state.
Updated: January 6, 2026
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by **The** **Brightmine Editorial Team**
Many consider California the state with the most proscriptive variances from federal law, including broader antidiscrimination protections, a higher minimum wage, paid family leave insurance and paid sick leave.
Select California employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must [comply](https://www.brightmine.com/us/solutions/hr-compliance/) with both federal and state law.
An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.
## EEO, diversity and employee relations
Key California requirements impacting EEO, diversity and employee relations are:
### Fair employment practices
The California Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from discriminating in the terms and conditions of employment. Protected characteristics include:
- Race (including hair texture, protective hairstyles and other traits historically associated with race)
- Religion
- Color
- National origin and ancestry
- Physical or mental disability
- Medical condition
- Genetic information
- Marital status
- Sex (including breastfeeding and related conditions)
- Sexual orientation
- Gender identity/gender expression
- Pregnancy (including childbirth and related medical conditions)
- Age
- Military or veteran status
Harassment is a form of illegal discrimination that is prohibited under the FEHA.
The FEHA also prohibits retaliation against a person who opposes, reports or assists another person in opposing unlawful discrimination.
## Explore most comprehensive collection of California employment law resources managed by trusted HR experts
The Brightmine HR & Compliance Center helps your organization stay compliant, profitable and ahead of labor and employment law updates in California and other states.
- Navigate the complexity of California employment law with in-depth coverage.
- Monitor changes to California employment law with customized alerts and calendar events.
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### Equal pay
California prohibits discrimination on the basis of sex, race and ethnicity in the payment of wages for substantially similar work. As a defense against a wage discrimination claim, an employer must show that the pay differential is based on a bona fide factor other than sex, such as seniority, merit, quality or quantity of production, education, training or experience. Prior salary, on its own, does not justify a wage differential.
### Discussion of wages
An employer may not prohibit employees from disclosing, discussing or inquiring about their own wages or the wages of another employee and may not discriminate or retaliate against employees for engaging in such conduct.
### Pregnancy accommodation
The FEHA requires an employer to provide reasonable accommodations to an employee because of pregnancy, childbirth or a related medical condition. Examples of reasonable accommodations include modified duties, schedules or equipment.
### Religious accommodation
The FEHA explicitly provides for religious accommodation in employment. The FEHA requires an employer to show significant difficulty or expense to prove undue hardship, versus the *de minimus* standard under federal law.
### Disability accommodation
An employer is obligated to provide reasonable accommodations to qualified individuals with disabilities. The FEHA makes it a separate violation for an employer to fail to engage in the interactive process.
### Access to personnel files
California employers must provide current and former employees with access to their personnel files. The employer must make the records available for inspection by the requester at reasonable times and intervals, but generally no later than 30 calendar days after receiving a written request. The employer may charge a fee that equals the actual cost of copying the materials.
### Whistleblower protections
A California employer may not make, adopt or enforce any rule, regulation or policy preventing an employee from being a whistleblower. Also, an employer may not retaliate because an employee:
- Is a whistleblower;
- Refuses to participate in an activity that would result in a violation of a state or federal statute or a violation of or noncompliance with a state or federal rule or regulation; or
- Exercises his or her rights as a whistleblower in any former employment.
A whistleblower is an employee who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses:
- A violation of a state or federal statute;
- A violation of or noncompliance with a state or federal rule or regulation; or
- Unsafe working conditions or work practices in the employee’s employment or place of employment.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Recruiting and hiring
Key California requirements impacting recruiting and hiring are:
### Credit checks
Under the Consumer Credit Reporting Agencies Act, an employer may perform credit checks only for certain positions (e.g., a law enforcement position), and it must provide applicants for such positions with notice that a credit check will be performed. Further, the employer must notify applicants of any adverse action taken on the basis of the credit check.
### Criminal checks
An employer must show that any criminal history information sought is job-related and consistent with business necessity. The employer may not consider certain types of criminal history when making hiring decisions, including:
- An arrest that did not result in conviction
- Participation in a pre-trial or post-trial diversion program
- Convictions that have been ordered sealed, expunged or eliminated by statute
- An arrest, detention or court disposition that occurred while a person was subject to a juvenile court
- A nonfelony conviction for marijuana possession that is more than two years old
### Consumer reports
An employer may seek investigative consumer reports for employment purposes. The Investigative Consumer Reporting Agencies Act requires the employer to provide written notice to applicants before the report is procured.
### Drug testing
Drug testing of job applicants is allowed in California. An employer must provide applicants with notice of the drug testing requirement.
### Ban the box
The California Fair Employment and Housing Act prohibits an employer with five or more employees from including any question on a job application that asks about the applicant’s criminal conviction history. This statewide “ban the box” law also prohibits covered employers from inquiring about or considering an applicant’s criminal history until the applicant has received a conditional offer.
### Salary history inquiry restrictions
California prohibits an employer from relying on a job applicant’s salary history as a factor in determining whether to offer employment or what salary to offer. The law bans employers from asking applicants about their salary history, including compensation and benefits, orally or in writing.
An employer may consider or rely on salary history information that an applicant discloses voluntarily and without prompting, but may not rely on prior salary, by itself, to justify any disparity in compensation. In addition, an employer must provide a position’s pay scale to an applicant who makes a reasonable request for that information.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Wage and hour
## Track minimum wage requirements in over 40 California localities with one chart
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Key California requirements impacting wages and hours are:
### Minimum wage
The minimum wage in California is \$16.90 per hour. California also has industry-specific minimum wage requirements for fast food and health care employers.
### Overtime
California law requires an employer to pay employees overtime for all hours worked in excess of 40 hours in a workweek and eight hours in a workday. An employer is also required to pay overtime to employees who work a seventh consecutive day in a workweek.
A California employer must pay overtime to nonexempt employees at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of 40 in any workweek; for all hours worked in excess of eight, up to and including 12 hours, in any workday; and for the first eight hours of work on the seventh consecutive day of work in a workweek. An employer is further required to pay double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
### Rest breaks
A California employer must provide nonexempt employees with a paid 10-minute rest period for each four-hour work period. Rest periods must be given as close to the middle of the work period as is practicable. An employee is entitled to one hour of pay for each workday that the rest period is not authorized or permitted.
### Meal breaks
An employer in California must provide nonexempt employees with no less than a 30-minute meal period if they work more than five hours a day. A second meal period of no less than 30 minutes must be provided when the employee’s work period is more than 10 hours. An employee is entitled to one hour of pay for each shift that the meal period is not provided.
### Breastfeeding breaks
A California employer must provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk. When possible, the break time should run concurrently with any break time already provided to the employee. Break time that does not run concurrently with the existing break time does not have to be paid. An employer is not required to provide break time if doing so would seriously disrupt the employer’s operations.
An employer must provide an employee with the use of a room or other location for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets certain legal requirements. Under certain circumstances, an employer may claim undue hardship.
An employer must develop and implement a lactation accommodation policy and include it in the employee handbook or policies provided to employees. The employer must distribute the policy to new employees upon hire and when an employee makes an inquiry about or requests parental leave.
### Child labor
Child labor laws in California restrict the occupations in which minors may be employed and the number of hours and times during which they may work.
For most occupations, California had adopted the federal standards into its own regulations. However, California’s regulations also forbid minors under the age of 16 from working in additional occupations, involving, among others, several types of machines, railroads, dangerous acids, scaffolding and tobacco.
California also has a complex set of requirements that govern the times during which minors may work. These requirements differ depending on the age of the minor, with separate working time restrictions set out for 16- and 17-year-olds, for 14- and 15-year-olds and for 12- and 13-year-olds.
California requires almost all minors to have a permit to work.
California also has many additional regulations that are specific to the entertainment industry.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Pay and benefits
Key California requirements impacting pay and benefits are:
### Health care continuation
The California Continuation Benefits Replacement Act (Cal-COBRA) requires group health plans issued to employers with two to 19 employees to offer continuation coverage to qualified beneficiaries (employees and eligible dependents). Cal-COBRA mirrors the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) in terms of qualifying events and timelines. Cal-COBRA’s notice requirements and premiums differ from COBRA.
Cal-COBRA also requires group health plans to offer an insured who has exhausted continuation coverage under federal COBRA the opportunity to continue coverage for up to 36 months from the date the insured’s continuation coverage began, if the insured is entitled to fewer than 36 months of COBRA coverage.
### Temporary disability insurance
California’s State Disability Insurance (SDI) program is a state-run plan administered by the Employment Development Department (EDD). SDI provides partial wage replacement to eligible workers who are unable to perform their regular or customary work due to a nonwork-related illness or injury, including pregnancy-related conditions. The program is funded entirely by taxes withheld from employees’ wages.
An employer has the option of establishing a voluntary private plan, subject to EDD approval, in lieu of the state-administered plan.
### Payment of wages
California requires that employees be paid either in cash or by checks that can be cashed in full, without fees or discounts, at an established place of business located within the state.
Direct deposit is permitted if:
- The employee chooses the financial institution;
- The financial institution has a branch in California; and
- The employee voluntarily authorizes the deposit.
### Pay statements
California employers must provide each employee with an accurate, itemized written pay statement in the form of a detachable part of a check or a separate written statement. Statements must be provided each time wages are paid, or at least semimonthly, and must contain the following information:
- Gross wages earned
- Total hours worked (for nonexempt employees)
- Number of piece-rate units earned and the applicable piece rate (for piece-rate basis employees)
- All deductions
- Net wages earned
- Inclusive dates of the pay period
- Employee’s name and last four digits of employee’s Social Security Number or employee ID number
- Employer’s name and address
- All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each rate by the employee
- If paying overtime from a previous pay period, the previous overtime shown as a correction, and the inclusive dates for the pay period the overtime was worked
Additional requirements exist for piece-rate employees and temporary services employees.
### Pay frequency
Employers must designate paydays in advance.
Nonexempt employees must be paid all wages earned at least twice a month (i.e., semimonthly) on regular paydays designated in advance. Overtime must be paid by the following payday for the next regular payroll period following the payroll period in which the overtime wages were earned.
Exempt employees may be paid once a month on or before the 26th of each month in which the salary is earned, including the amount yet to be earned from the 26th through the end of the month.
### Wage deductions
An employer may make deductions from an employee’s wages if required by state or federal law or court order, with the employee’s written authorization or for other permissible reasons, including but not limited to child support withholding, creditor garnishments and tax levies.
### Wage notices
The Wage Theft Prevention Act requires an employer to provide notice of certain pay-related information (e.g., the employee’s rate of pay and the basis for such rate, the employer’s regular pay period, the employer’s name) to nonexempt employees at the time of hire and any time the information changes.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Time off and leaves of absence
Key California requirements impacting time off and leaves of absence are:
### Family and medical leave
The California Family Rights Act (CFRA) requires employers with five or more employees to provide eligible employees with up to 12 weeks of job-protected leave in a 12-month period for the employee’s, a covered family member’s, or a designated person’s serious health condition, for the birth or placement for adoption or foster care of a child, or for a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the US Armed Forces. While the CFRA and the federal Family and Medical Leave Act (FMLA) parallel each other to a large degree, there are areas in which they differ, such as covered family members and what is considered a serious health condition.
### Paid family leave
California provides for paid family leave (PFL) benefits under a Family Temporary Disability Insurance program. Eligible employees receive partial wage replacement when taking time off to care for a seriously ill family member (i.e., child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling or parent-in-law), to bond with a child within one year of birth or placement for adoption or foster care, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner, or parent who is the US Armed Forces. Employees may take up to eight weeks of PFL in a 12-month period.
### Paid sick leave
Under the Healthy Workplaces, Healthy Families Act (HWHFA), eligible employees may take paid sick leave for the following reasons:
- Diagnosis, care or treatment of the employee’s or a covered family member’s existing health condition
- Preventive care for the employee or a covered family member
- For an employee who is a victim of a qualifying act of violence
- For an employee who is a victim of any crime and needs time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding
- For an employee who is a victim of certain crimes and needs time off to attend judicial proceedings related to that crime (e.g., violent felonies; serious felonies; felonies related to theft or embezzlement; felony child abuse, domestic violence, elder abuse and stalking; and more)
- For an employee to serve on an inquest jury or jury trial
- For agricultural employees who work outside to avoid smoke, heat or flooding conditions created by a local or state emergency, including but not limited to, when the employee’s worksite is closed due to the smoke, heat or flooding
### Other time off requirements affecting California employers
In addition to the CFRA, PFL law and HWHFA, a California employer is also required to comply with more than a dozen other leave and time off laws, such as:
- Bereavement leave (covering employers with five or more employees)
- Reproductive loss leave (covering employers with five or more employees)
- Pregnancy disability leave (covering employers with five or more employees)
- Kin care leave
- Family military leave (covering employers with 25 or more employees)
- Bone marrow and organ donor leave (covering employers with 15 or more employees)
- School activities leave (covering employers with 25 or more employees)
- School discipline leave
- Victims of violence and other crime victims leave
- Leave to attend judicial proceedings
- Jury duty leave
- Voting leave
- Election official leave
- Military leave
- Civil Air Patrol leave (covering employers with more than 15 employees)
- Literacy leave (covering employers with 25 or more employees)
- Drug and alcohol rehabilitation leave (covering employers with 25 or more employees)
- Day of rest requirements
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Health and safety
Key California requirements impacting health and safety are:
### Occupational safety and health
California operates its job safety and health programs covering the private sector under a state plan approved by the federal Occupational Safety and Health Administration (OSHA).
Under the California Occupational Safety and Health Act (Cal/OSH Act), a California employer must provide and maintain a safe and healthful workplace for employees and, to that end, is required to develop and maintain a written, effective Injury and Illness Prevention Program that includes, among other things, instruction on safe workplace practices.
### Smoke-free workplace
California bans smoking, including the use of e-cigarettes, in enclosed spaces of places of employment. An employer needs to take reasonable steps to prevent smoking in the workplace, including posting required signs. “No Smoking” signs must be posted at workplace entrances in buildings where smoking is prohibited or “Smoking is prohibited except in designated areas” signs must be posted at workplace entrances in buildings where smoking is permitted in designated areas.
### Weapons in the workplace
California restricts individuals who have valid licenses to carry a firearm from carrying concealed firearms in certain public places. The law prohibits a license holder from carrying a concealed firearm on or into a privately owned commercial establishment that is open to the public unless the owner-operator of the establishment opts out by posting a sign.
California also regulates when a valid license holder may transport a firearm and ammunition into the parking area of an otherwise prohibited area or premises. However, state law does not preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
### Safe driving practices
Drivers in California are prohibited from holding and operating a hand-held cell phone or electronic wireless communications device, but are permitted to use the voice-operated and hands-free functions on the phone or device. However, a driver may use a single swipe or tap of the finger to operate a hand-held phone or device that is mounted on the windshield, dashboard or center console.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Organizational exit
Key California requirements impacting organizational exit are:
### Final pay
An employer must pay final wages immediately to an employee who is terminated and upon resignation to an employee who provides at least 72 hours’ notice of the intent to resign. If an employee provides fewer than 72 hours’ notice of the intent to resign, then an employer may generally mail final wages within 72 hours.
California law does not permit “use it or lose it” vacation policies. Vacation accruals may be capped, but may not be forfeited. Therefore, unused, accrued vacation must be paid out at the end of employment.
Wages owed to a deceased employee must be paid to the surviving spouse or conservator of the estate. Probate of the will need not have occurred before payment is made. The employer must pay up to \$15,000 net for wages due for personal services and unused vacation time. The party requesting payment must present to the employer reasonable proof of identity and an affidavit or a declaration under penalty of perjury making certain statements of fact.
### Mass layoff notifications
The California Worker Adjustment and Retraining Notification Act (Cal-WARN Act) provides employees and their families time to prepare for a prospective job loss by requiring an employer to provide advance notice of a plant closing or mass layoff. While the state law is modeled after the federal Worker Adjustment and Retraining Notification Act (WARN Act), there are areas in which they differ, such as the definition of covered employer.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
In this resource:
[EEO, diversity and employee relations](https://www.brightmine.com/us/resources/hr-compliance/california-employment-law/#eeo-diversity-employee-relations)
[Recruiting and hiring](https://www.brightmine.com/us/resources/hr-compliance/california-employment-law/#recruiting-hiring)
[Wage and hour](https://www.brightmine.com/us/resources/hr-compliance/california-employment-law/#wage-hour)
[Pay and benefits](https://www.brightmine.com/us/resources/hr-compliance/california-employment-law/#pay-benefits)
[Time off and leaves of absence](https://www.brightmine.com/us/resources/hr-compliance/california-employment-law/#time-off-leaves-absence)
[Health and safety](https://www.brightmine.com/us/resources/hr-compliance/california-employment-law/#health-safety)
[Organizational exit](https://www.brightmine.com/us/resources/hr-compliance/california-employment-law/#organizational-exit)
### Get the full picture. Access premium content today.
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***
Read more articles:
- ## [Leave laws by state \| 50-state chart](https://www.brightmine.com/us/resources/hr-compliance/employee-leaves/leave-laws-by-state-chart/)
- ## [Noncompete Laws by State](https://www.brightmine.com/us/resources/hr-compliance/employment-agreements/noncompete-laws-by-state/)
- ## [Paid sick leave by state and municipality](https://www.brightmine.com/us/resources/hr-compliance/employee-leaves/paid-sick-leave-by-state/)
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| Readable Markdown | by **The** **Brightmine Editorial Team**
Many consider California the state with the most proscriptive variances from federal law, including broader antidiscrimination protections, a higher minimum wage, paid family leave insurance and paid sick leave.
Select California employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must [comply](https://www.brightmine.com/us/solutions/hr-compliance/) with both federal and state law.
An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.
## EEO, diversity and employee relations
Key California requirements impacting EEO, diversity and employee relations are:
### Fair employment practices
The California Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from discriminating in the terms and conditions of employment. Protected characteristics include:
- Race (including hair texture, protective hairstyles and other traits historically associated with race)
- Religion
- Color
- National origin and ancestry
- Physical or mental disability
- Medical condition
- Genetic information
- Marital status
- Sex (including breastfeeding and related conditions)
- Sexual orientation
- Gender identity/gender expression
- Pregnancy (including childbirth and related medical conditions)
- Age
- Military or veteran status
Harassment is a form of illegal discrimination that is prohibited under the FEHA.
The FEHA also prohibits retaliation against a person who opposes, reports or assists another person in opposing unlawful discrimination.
## Explore most comprehensive collection of California employment law resources managed by trusted HR experts
The Brightmine HR & Compliance Center helps your organization stay compliant, profitable and ahead of labor and employment law updates in California and other states.
- Navigate the complexity of California employment law with in-depth coverage.
- Monitor changes to California employment law with customized alerts and calendar events.
- Save time with customizable templates and forms, compliance charts, How-To’s and more.
- Get answers to your compliance questions from in-house human HR experts.
### Equal pay
California prohibits discrimination on the basis of sex, race and ethnicity in the payment of wages for substantially similar work. As a defense against a wage discrimination claim, an employer must show that the pay differential is based on a bona fide factor other than sex, such as seniority, merit, quality or quantity of production, education, training or experience. Prior salary, on its own, does not justify a wage differential.
### Discussion of wages
An employer may not prohibit employees from disclosing, discussing or inquiring about their own wages or the wages of another employee and may not discriminate or retaliate against employees for engaging in such conduct.
### Pregnancy accommodation
The FEHA requires an employer to provide reasonable accommodations to an employee because of pregnancy, childbirth or a related medical condition. Examples of reasonable accommodations include modified duties, schedules or equipment.
### Religious accommodation
The FEHA explicitly provides for religious accommodation in employment. The FEHA requires an employer to show significant difficulty or expense to prove undue hardship, versus the *de minimus* standard under federal law.
### Disability accommodation
An employer is obligated to provide reasonable accommodations to qualified individuals with disabilities. The FEHA makes it a separate violation for an employer to fail to engage in the interactive process.
### Access to personnel files
California employers must provide current and former employees with access to their personnel files. The employer must make the records available for inspection by the requester at reasonable times and intervals, but generally no later than 30 calendar days after receiving a written request. The employer may charge a fee that equals the actual cost of copying the materials.
### Whistleblower protections
A California employer may not make, adopt or enforce any rule, regulation or policy preventing an employee from being a whistleblower. Also, an employer may not retaliate because an employee:
- Is a whistleblower;
- Refuses to participate in an activity that would result in a violation of a state or federal statute or a violation of or noncompliance with a state or federal rule or regulation; or
- Exercises his or her rights as a whistleblower in any former employment.
A whistleblower is an employee who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses:
- A violation of a state or federal statute;
- A violation of or noncompliance with a state or federal rule or regulation; or
- Unsafe working conditions or work practices in the employee’s employment or place of employment.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Recruiting and hiring
Key California requirements impacting recruiting and hiring are:
### Credit checks
Under the Consumer Credit Reporting Agencies Act, an employer may perform credit checks only for certain positions (e.g., a law enforcement position), and it must provide applicants for such positions with notice that a credit check will be performed. Further, the employer must notify applicants of any adverse action taken on the basis of the credit check.
### Criminal checks
An employer must show that any criminal history information sought is job-related and consistent with business necessity. The employer may not consider certain types of criminal history when making hiring decisions, including:
- An arrest that did not result in conviction
- Participation in a pre-trial or post-trial diversion program
- Convictions that have been ordered sealed, expunged or eliminated by statute
- An arrest, detention or court disposition that occurred while a person was subject to a juvenile court
- A nonfelony conviction for marijuana possession that is more than two years old
### Consumer reports
An employer may seek investigative consumer reports for employment purposes. The Investigative Consumer Reporting Agencies Act requires the employer to provide written notice to applicants before the report is procured.
### Drug testing
Drug testing of job applicants is allowed in California. An employer must provide applicants with notice of the drug testing requirement.
### Ban the box
The California Fair Employment and Housing Act prohibits an employer with five or more employees from including any question on a job application that asks about the applicant’s criminal conviction history. This statewide “ban the box” law also prohibits covered employers from inquiring about or considering an applicant’s criminal history until the applicant has received a conditional offer.
### Salary history inquiry restrictions
California prohibits an employer from relying on a job applicant’s salary history as a factor in determining whether to offer employment or what salary to offer. The law bans employers from asking applicants about their salary history, including compensation and benefits, orally or in writing.
An employer may consider or rely on salary history information that an applicant discloses voluntarily and without prompting, but may not rely on prior salary, by itself, to justify any disparity in compensation. In addition, an employer must provide a position’s pay scale to an applicant who makes a reasonable request for that information.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Wage and hour
## Track minimum wage requirements in over 40 California localities with one chart
Make minimum wage tracking in California easier than ever with our 50-state chart. Get the details you need, including:
- Requirements in **41 California localities**, including San Francisco, San Jose, Los Angeles, San Diego and more
- **Industry-specific** minimum wage requirements, including health care and fast food
- Minimum wage requirements based on **employer size**
- Additional details, such as **applicability**, **exemptions**, **posting requirements** and more
Key California requirements impacting wages and hours are:
### Minimum wage
The minimum wage in California is \$16.90 per hour. California also has industry-specific minimum wage requirements for fast food and health care employers.
### Overtime
California law requires an employer to pay employees overtime for all hours worked in excess of 40 hours in a workweek and eight hours in a workday. An employer is also required to pay overtime to employees who work a seventh consecutive day in a workweek.
A California employer must pay overtime to nonexempt employees at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of 40 in any workweek; for all hours worked in excess of eight, up to and including 12 hours, in any workday; and for the first eight hours of work on the seventh consecutive day of work in a workweek. An employer is further required to pay double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
### Rest breaks
A California employer must provide nonexempt employees with a paid 10-minute rest period for each four-hour work period. Rest periods must be given as close to the middle of the work period as is practicable. An employee is entitled to one hour of pay for each workday that the rest period is not authorized or permitted.
### Meal breaks
An employer in California must provide nonexempt employees with no less than a 30-minute meal period if they work more than five hours a day. A second meal period of no less than 30 minutes must be provided when the employee’s work period is more than 10 hours. An employee is entitled to one hour of pay for each shift that the meal period is not provided.
### Breastfeeding breaks
A California employer must provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk. When possible, the break time should run concurrently with any break time already provided to the employee. Break time that does not run concurrently with the existing break time does not have to be paid. An employer is not required to provide break time if doing so would seriously disrupt the employer’s operations.
An employer must provide an employee with the use of a room or other location for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets certain legal requirements. Under certain circumstances, an employer may claim undue hardship.
An employer must develop and implement a lactation accommodation policy and include it in the employee handbook or policies provided to employees. The employer must distribute the policy to new employees upon hire and when an employee makes an inquiry about or requests parental leave.
### Child labor
Child labor laws in California restrict the occupations in which minors may be employed and the number of hours and times during which they may work.
For most occupations, California had adopted the federal standards into its own regulations. However, California’s regulations also forbid minors under the age of 16 from working in additional occupations, involving, among others, several types of machines, railroads, dangerous acids, scaffolding and tobacco.
California also has a complex set of requirements that govern the times during which minors may work. These requirements differ depending on the age of the minor, with separate working time restrictions set out for 16- and 17-year-olds, for 14- and 15-year-olds and for 12- and 13-year-olds.
California requires almost all minors to have a permit to work.
California also has many additional regulations that are specific to the entertainment industry.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Pay and benefits
Key California requirements impacting pay and benefits are:
### Health care continuation
The California Continuation Benefits Replacement Act (Cal-COBRA) requires group health plans issued to employers with two to 19 employees to offer continuation coverage to qualified beneficiaries (employees and eligible dependents). Cal-COBRA mirrors the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) in terms of qualifying events and timelines. Cal-COBRA’s notice requirements and premiums differ from COBRA.
Cal-COBRA also requires group health plans to offer an insured who has exhausted continuation coverage under federal COBRA the opportunity to continue coverage for up to 36 months from the date the insured’s continuation coverage began, if the insured is entitled to fewer than 36 months of COBRA coverage.
### Temporary disability insurance
California’s State Disability Insurance (SDI) program is a state-run plan administered by the Employment Development Department (EDD). SDI provides partial wage replacement to eligible workers who are unable to perform their regular or customary work due to a nonwork-related illness or injury, including pregnancy-related conditions. The program is funded entirely by taxes withheld from employees’ wages.
An employer has the option of establishing a voluntary private plan, subject to EDD approval, in lieu of the state-administered plan.
### Payment of wages
California requires that employees be paid either in cash or by checks that can be cashed in full, without fees or discounts, at an established place of business located within the state.
Direct deposit is permitted if:
- The employee chooses the financial institution;
- The financial institution has a branch in California; and
- The employee voluntarily authorizes the deposit.
### Pay statements
California employers must provide each employee with an accurate, itemized written pay statement in the form of a detachable part of a check or a separate written statement. Statements must be provided each time wages are paid, or at least semimonthly, and must contain the following information:
- Gross wages earned
- Total hours worked (for nonexempt employees)
- Number of piece-rate units earned and the applicable piece rate (for piece-rate basis employees)
- All deductions
- Net wages earned
- Inclusive dates of the pay period
- Employee’s name and last four digits of employee’s Social Security Number or employee ID number
- Employer’s name and address
- All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each rate by the employee
- If paying overtime from a previous pay period, the previous overtime shown as a correction, and the inclusive dates for the pay period the overtime was worked
Additional requirements exist for piece-rate employees and temporary services employees.
### Pay frequency
Employers must designate paydays in advance.
Nonexempt employees must be paid all wages earned at least twice a month (i.e., semimonthly) on regular paydays designated in advance. Overtime must be paid by the following payday for the next regular payroll period following the payroll period in which the overtime wages were earned.
Exempt employees may be paid once a month on or before the 26th of each month in which the salary is earned, including the amount yet to be earned from the 26th through the end of the month.
### Wage deductions
An employer may make deductions from an employee’s wages if required by state or federal law or court order, with the employee’s written authorization or for other permissible reasons, including but not limited to child support withholding, creditor garnishments and tax levies.
### Wage notices
The Wage Theft Prevention Act requires an employer to provide notice of certain pay-related information (e.g., the employee’s rate of pay and the basis for such rate, the employer’s regular pay period, the employer’s name) to nonexempt employees at the time of hire and any time the information changes.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Time off and leaves of absence
Key California requirements impacting time off and leaves of absence are:
### Family and medical leave
The California Family Rights Act (CFRA) requires employers with five or more employees to provide eligible employees with up to 12 weeks of job-protected leave in a 12-month period for the employee’s, a covered family member’s, or a designated person’s serious health condition, for the birth or placement for adoption or foster care of a child, or for a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the US Armed Forces. While the CFRA and the federal Family and Medical Leave Act (FMLA) parallel each other to a large degree, there are areas in which they differ, such as covered family members and what is considered a serious health condition.
### Paid family leave
California provides for paid family leave (PFL) benefits under a Family Temporary Disability Insurance program. Eligible employees receive partial wage replacement when taking time off to care for a seriously ill family member (i.e., child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling or parent-in-law), to bond with a child within one year of birth or placement for adoption or foster care, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner, or parent who is the US Armed Forces. Employees may take up to eight weeks of PFL in a 12-month period.
### Paid sick leave
Under the Healthy Workplaces, Healthy Families Act (HWHFA), eligible employees may take paid sick leave for the following reasons:
- Diagnosis, care or treatment of the employee’s or a covered family member’s existing health condition
- Preventive care for the employee or a covered family member
- For an employee who is a victim of a qualifying act of violence
- For an employee who is a victim of any crime and needs time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding
- For an employee who is a victim of certain crimes and needs time off to attend judicial proceedings related to that crime (e.g., violent felonies; serious felonies; felonies related to theft or embezzlement; felony child abuse, domestic violence, elder abuse and stalking; and more)
- For an employee to serve on an inquest jury or jury trial
- For agricultural employees who work outside to avoid smoke, heat or flooding conditions created by a local or state emergency, including but not limited to, when the employee’s worksite is closed due to the smoke, heat or flooding
### Other time off requirements affecting California employers
In addition to the CFRA, PFL law and HWHFA, a California employer is also required to comply with more than a dozen other leave and time off laws, such as:
- Bereavement leave (covering employers with five or more employees)
- Reproductive loss leave (covering employers with five or more employees)
- Pregnancy disability leave (covering employers with five or more employees)
- Kin care leave
- Family military leave (covering employers with 25 or more employees)
- Bone marrow and organ donor leave (covering employers with 15 or more employees)
- School activities leave (covering employers with 25 or more employees)
- School discipline leave
- Victims of violence and other crime victims leave
- Leave to attend judicial proceedings
- Jury duty leave
- Voting leave
- Election official leave
- Military leave
- Civil Air Patrol leave (covering employers with more than 15 employees)
- Literacy leave (covering employers with 25 or more employees)
- Drug and alcohol rehabilitation leave (covering employers with 25 or more employees)
- Day of rest requirements
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Health and safety
Key California requirements impacting health and safety are:
### Occupational safety and health
California operates its job safety and health programs covering the private sector under a state plan approved by the federal Occupational Safety and Health Administration (OSHA).
Under the California Occupational Safety and Health Act (Cal/OSH Act), a California employer must provide and maintain a safe and healthful workplace for employees and, to that end, is required to develop and maintain a written, effective Injury and Illness Prevention Program that includes, among other things, instruction on safe workplace practices.
### Smoke-free workplace
California bans smoking, including the use of e-cigarettes, in enclosed spaces of places of employment. An employer needs to take reasonable steps to prevent smoking in the workplace, including posting required signs. “No Smoking” signs must be posted at workplace entrances in buildings where smoking is prohibited or “Smoking is prohibited except in designated areas” signs must be posted at workplace entrances in buildings where smoking is permitted in designated areas.
### Weapons in the workplace
California restricts individuals who have valid licenses to carry a firearm from carrying concealed firearms in certain public places. The law prohibits a license holder from carrying a concealed firearm on or into a privately owned commercial establishment that is open to the public unless the owner-operator of the establishment opts out by posting a sign.
California also regulates when a valid license holder may transport a firearm and ammunition into the parking area of an otherwise prohibited area or premises. However, state law does not preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
### Safe driving practices
Drivers in California are prohibited from holding and operating a hand-held cell phone or electronic wireless communications device, but are permitted to use the voice-operated and hands-free functions on the phone or device. However, a driver may use a single swipe or tap of the finger to operate a hand-held phone or device that is mounted on the windshield, dashboard or center console.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
## Organizational exit
Key California requirements impacting organizational exit are:
### Final pay
An employer must pay final wages immediately to an employee who is terminated and upon resignation to an employee who provides at least 72 hours’ notice of the intent to resign. If an employee provides fewer than 72 hours’ notice of the intent to resign, then an employer may generally mail final wages within 72 hours.
California law does not permit “use it or lose it” vacation policies. Vacation accruals may be capped, but may not be forfeited. Therefore, unused, accrued vacation must be paid out at the end of employment.
Wages owed to a deceased employee must be paid to the surviving spouse or conservator of the estate. Probate of the will need not have occurred before payment is made. The employer must pay up to \$15,000 net for wages due for personal services and unused vacation time. The party requesting payment must present to the employer reasonable proof of identity and an affidavit or a declaration under penalty of perjury making certain statements of fact.
### Mass layoff notifications
The California Worker Adjustment and Retraining Notification Act (Cal-WARN Act) provides employees and their families time to prepare for a prospective job loss by requiring an employer to provide advance notice of a plant closing or mass layoff. While the state law is modeled after the federal Worker Adjustment and Retraining Notification Act (WARN Act), there are areas in which they differ, such as the definition of covered employer.
Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply. |
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