🇺🇸 California EMPLOYMENT LAW — 2026 UPDATE

California Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 7, 2026
Last Reviewed: January 7, 2026
Applicable Period: 2026
Jurisdiction: State of California, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

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Introduction
Employment Law Framework in California
Employee Rights in California
Discrimination and Harassment Laws
Reasonable Accommodations
Employer Obligations
Filing Complaints
Remote Work in California
2026 Legislative Updates
Resources
Frequently Asked Questions – California Employment Law

Introduction

California employment law establishes one of the most comprehensive frameworks of workplace protections in the United States. This guide provides detailed information on employment law in California, covering both state-specific regulations and federal requirements that apply to California employers and employees.

California’s employment law framework is primarily governed by the California Labor Code, the California Fair Employment and Housing Act (FEHA), and numerous regulations issued by state agencies including the California Labor Commissioner’s Office (Division of Labor Standards Enforcement) and the California Civil Rights Department (CRD). Federal laws, including the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and the Americans with Disabilities Act (ADA), also apply throughout California.

This guide is designed for two audiences: employees seeking to understand their workplace rights, and employers working to maintain compliance with California and federal employment regulations. The information presented is based on official government sources and current statutes as of January 2026.

What This Guide Covers

This comprehensive guide addresses:

California’s at-will employment doctrine and its exceptions
Wage and hour requirements, including minimum wage and overtime regulations
Meal and rest break requirements
Discrimination and harassment protections under state and federal law
Protected classes and reasonable accommodation obligations
Employer compliance requirements and mandatory postings
Procedures for filing workplace complaints
2026 legislative updates and changes
Remote work considerations
Official government resources and agency contacts

Official Sources

All information in this guide is derived from official government sources, including:

California Legislature (leginfo.legislature.ca.gov)
California Department of Industrial Relations (dir.ca.gov)
California Labor Commissioner’s Office (dir.ca.gov/dlse)
California Civil Rights Department (calcivilrights.ca.gov)
U.S. Department of Labor (dol.gov)
U.S. Equal Employment Opportunity Commission (eeoc.gov)

Employment Law Framework in California

1.1 At-Will Employment Doctrine

California follows the at-will employment doctrine, which is codified in California Labor Code.

Statutory Authority:

According to California Labor Code § 2922:

“An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.”

Source: California Labor Code § 2922
Official Text: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2922
Last Amended: Historical statute

What At-Will Employment Means

For Employees:

Employment may be terminated at any time, with or without cause
No advance notice is legally required in most circumstances
Employees may resign at any time
Exceptions apply in certain situations (see below)

For Employers:

May terminate employees at any time for any lawful reason
Not required to provide cause for termination in most cases
Must still comply with all anti-discrimination laws
Cannot terminate for illegal reasons (see exceptions)

Exceptions to At-Will Employment

California law recognizes four major exceptions to the at-will employment doctrine:

1. Public Policy Exception Termination violates public policy when an employee is fired for:

Refusing to violate the law
Performing a statutory obligation (such as jury duty)
Exercising a legal right or privilege (such as filing a workers’ compensation claim)
Reporting illegal activity (whistleblower protection)

2. Implied Contract Exception An implied employment contract may exist based on:

Employee handbooks or policy manuals
Employer representations during hiring
Long-term employment history with positive reviews
Employer practices suggesting job security

3. Implied Covenant of Good Faith and Fair Dealing Employers cannot terminate employees in bad faith or for malicious reasons, particularly when:

Termination prevents employee from receiving earned benefits
Termination is retaliatory in nature
Employer acts in a manner contrary to reasonable expectations

4. Statutory Protections Numerous federal and state statutes prohibit termination based on protected characteristics or activities, including:

Discrimination based on protected classes
Retaliation for protected activity
Exercising family and medical leave rights
Union organizing or collective bargaining activities

Agency Guidance:

According to California Labor Commissioner, the at-will employment doctrine does not permit termination that violates state or federal law, including discrimination and retaliation prohibitions.

Source: California Department of Industrial Relations
Available at: https://www.dir.ca.gov/dlse/

1.2 Employment Law vs. Labor Law: Understanding the Distinction

While the terms “employment law” and “labor law” are often used interchangeably, they have distinct meanings in California’s legal framework.

Employment Law

Definition: Employment law encompasses the broad body of laws, regulations, and judicial decisions that govern the relationship between employers and individual employees.

Scope includes:

Wage and hour regulations
Discrimination and harassment protections
Workplace safety requirements
Employee benefits and leave entitlements
Hiring and termination procedures
Retaliation protections
Workers’ compensation

Primary Sources:

California Labor Code
California Fair Employment and Housing Act (FEHA)
Fair Labor Standards Act (federal)
Title VII of the Civil Rights Act (federal)
Americans with Disabilities Act (federal)

Labor Law

Definition: Labor law specifically addresses the relationship between employers, employees, and labor unions, focusing on collective bargaining and union activities.

Scope includes:

Union organizing rights
Collective bargaining procedures
Strike and lockout regulations
Union election processes
Unfair labor practices
Labor-management relations

Primary Sources:

National Labor Relations Act (federal)
California Agricultural Labor Relations Act
Public Employee Relations Acts (PELRA, EERA, HEERA, MMBA)

Comparison Table

Employment Law:

Focus: Individual employee rights
Applies To: All California employees
Key Agencies: Labor Commissioner, CRD, DOL, EEOC
Examples: Minimum wage, discrimination claims, meal breaks

Labor Law:

Focus: Collective worker rights and unions
Applies To: Unionized and organizing workers
Key Agencies: NLRB, ALRB
Examples: Collective bargaining, strikes, union elections

When Each Applies

Employment law applies when:

An individual employee has a workplace dispute
Questions arise about wages, hours, or working conditions
Discrimination or harassment is alleged
Employee seeks to understand their individual rights

Labor law applies when:

Workers seek to form or join a union
Collective bargaining negotiations occur
Union representation disputes arise
Unfair labor practices by unions or employers are alleged

Both may apply when:

Unionized workers face individual rights violations
Collective bargaining agreements conflict with employment law
Retaliation for union activity is alleged

1.3 California’s Labor Code Structure

California Labor Code is organized into multiple divisions covering different aspects of employment:

Division 1: Department of Industrial Relations
Division 2: Employment Regulation and Supervision (including wage and hour laws)
Division 3: Employment Relations (including working hours)
Division 4: Workers’ Compensation and Insurance
Division 5: Safety in Employment

Source: California Labor Code
Available at: https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=LAB

1.4 Right-to-Work Status

California is NOT a right-to-work state.

California law permits union security agreements, which means:

Unions and employers may negotiate agreements requiring union membership or payment of union fees as a condition of employment
Employees in unionized workplaces may be required to pay union dues or agency fees
However, employees cannot be required to join a union or support its political activities (per federal law)

Federal Preemption: Under the National Labor Relations Act, certain aspects of union security are governed by federal law.

Source: National Labor Relations Act, 29 U.S.C. § 158
Official Text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section158

Employee Rights in California

2.1 Wage and Hour Rights

California provides robust wage and hour protections that often exceed federal minimum standards.

Minimum Wage (2026)

Current California Minimum Wage:

As of January 1, 2026, California’s statewide minimum wage is $16.90 per hour for all employers.

Statutory Authority:

According to California Department of Industrial Relations:

“Effective January 1, 2026, the minimum wage is $16.90 per hour for all employers, not otherwise covered by a higher minimum wage specific to an industry or a locality.”

Source: California Department of Industrial Relations
Citation: California Labor Code § 1182.12
Official Notice: https://www.dir.ca.gov/dlse/minimum_wage.htm
Last Increased: January 1, 2026
Increase Amount: $0.40 (from $16.50 to $16.90)

Federal Minimum Wage:

The federal minimum wage remains $7.25 per hour as of 2026.

Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official Text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
DOL Information: https://www.dol.gov/agencies/whd/minimum-wage

Applicable Wage: California employees must be paid the higher of the state or federal minimum wage. Therefore, California’s $16.90 minimum applies.

Local Minimum Wages

Many California cities and counties have enacted local minimum wage ordinances that exceed the state minimum. Employers must pay the highest applicable minimum wage.

Common cities with higher minimum wages (verify current rates):

San Francisco
Los Angeles
San Diego
Oakland
San Jose
Berkeley
Emeryville
Many others

Source: UC Berkeley Labor Center maintains a comprehensive list
Reference: https://laborcenter.berkeley.edu/minimum-wage-living-wage-calculator/

Employer Responsibility: Employers must verify and comply with the applicable local minimum wage in their jurisdiction.

Industry-Specific Minimum Wages

Fast Food Restaurant Workers:

According to California Labor Code § 1474, fast food restaurant employers must pay a higher minimum wage.

Effective: April 1, 2024, and adjusted thereafter
Initial Rate: $20.00 per hour
Source: California Labor Code § 1474 et seq. (Part 4.5.5)
Available at: https://leginfo.legislature.ca.gov/

Healthcare Facility Workers:

California Labor Code § 1182.14 establishes minimum wages for healthcare facility employees, with rates varying by facility type and implementation dates.

Effective: October 16, 2024 (initial phase)
Source: California Labor Code § 1182.14
Details: https://www.dir.ca.gov/

Overtime Requirements

California has unique overtime requirements that exceed federal standards.

Statutory Authority:

According to California Labor Code § 510:

“Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.”

California Overtime Rules:

Time and a Half (1.5x regular rate):

All hours worked over 8 hours in a single workday, up to and including 12 hours
All hours worked over 40 hours in a workweek
The first 8 hours worked on the seventh consecutive day of work in a workweek

Double Time (2x regular rate):

All hours worked over 12 hours in a single workday
All hours worked over 8 hours on the seventh consecutive day of work in a workweek

Source: California Labor Code § 510
Agency Information: https://www.dir.ca.gov/dlse/faq_overtime.htm

Federal Overtime (FLSA):

Federal law requires overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek.

Source: Fair Labor Standards Act, 29 U.S.C. § 207
Official Text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL Guidance: https://www.dol.gov/agencies/whd/overtime

Key Difference: California requires daily overtime (after 8 hours per day), while federal law only requires weekly overtime (after 40 hours per week). California employees benefit from the more protective state standard.

Overtime Exemptions

Certain employees are exempt from overtime requirements. Common exemptions include:

Executive, Administrative, and Professional Exemptions:

To qualify for exemption, employees must meet both:

Salary Basis Test:
- As of January 1, 2026, employees must earn at least $70,304 annually
- Calculation: $16.90 × 2 × 40 hours/week × 52 weeks/year = $70,304
Duties Test:
- Must primarily perform executive, administrative, or professional duties as defined by California regulations

Source: California Department of Industrial Relations
Announcement: https://www.dir.ca.gov/DIRNews/2025/2025-118.html
Effective Date: January 1, 2026

Computer Software Employee Exemption:

Certain computer software employees are exempt if they earn:

Hourly: At least $58.85 per hour (effective January 1, 2026)
Monthly Salary: At least $10,214.44
Annual Salary: At least $122,573.13

Source: California Labor Code § 515.5
DIR Announcement: https://www.dir.ca.gov/oprl/ComputerSoftware.htm
Effective Date: January 1, 2026

Other Common Exemptions:

Outside salespersons
Certain unionized employees with specific collective bargaining agreement provisions
Licensed physicians and surgeons
Certain commissioned employees

Source: California Labor Code § 515 et seq.
Agency FAQ: https://www.dir.ca.gov/dlse/FAQ_OvertimeExceptions.htm

Meal Break Requirements

Statutory Authority:

According to California Labor Code § 512:

“An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes.”

California Meal Break Rules:

First Meal Break:

Required after 5 hours of work
Must be at least 30 minutes
Must be provided before the end of the 5th hour of work
May be waived by mutual consent if total workday is 6 hours or less

Second Meal Break:

Required if workday exceeds 10 hours
Must be at least 30 minutes
Must be provided before the end of the 10th hour of work
May be waived by mutual consent if total workday is 12 hours or less AND first meal break was not waived

Meal Break Characteristics:

Must be duty-free (employee relieved of all duties)
Employee must be free to leave the premises
Employee must be relieved of all work obligations during the break

Source: California Labor Code § 512
Agency FAQ: https://www.dir.ca.gov/dlse/faq_mealperiods.htm
DLSE Policy: https://www.dir.ca.gov/dlse/FAQ_MealPeriods.html

Meal Break Premium:

If an employer fails to provide a required meal break, the employer must pay the employee one additional hour of pay at the employee’s regular rate for each workday the meal break is not provided.

Source: California Labor Code § 226.7
Available at: https://leginfo.legislature.ca.gov/

Federal Law:

Federal law does not require meal breaks for adult employees.

Source: U.S. Department of Labor
Information: https://www.dol.gov/general/topic/workhours/breaks

Rest Break Requirements

California Rest Break Rules:

According to California Industrial Welfare Commission Wage Orders:

Employers must authorize and permit nonexempt employees to take rest periods at the minimum rate of 10 consecutive minutes for each 4-hour work period, or major fraction thereof.

Rest Break Schedule:

3.5 to 6 hours worked: One 10-minute rest break
6+ to 10 hours worked: Two 10-minute rest breaks
10+ to 14 hours worked: Three 10-minute rest breaks

Rest Break Characteristics:

Must be paid time
Should be taken in the middle of each work period when practicable
Employees must be relieved of all duties
No rest break required for shifts under 3.5 hours

Source: California Division of Labor Standards Enforcement
Policy Document: https://www.dir.ca.gov/dlse/faq_restperiods.htm
IWC Wage Orders: https://www.dir.ca.gov/iwc/WageOrderIndustries.htm

Rest Break Premium:

If an employer fails to provide a required rest break, the employer must pay the employee one additional hour of pay at the employee’s regular rate for each workday the rest break is not provided.

Source: California Labor Code § 226.7

Federal Law:

Federal law does not require rest breaks. However, if an employer chooses to provide short breaks (5-20 minutes), federal law requires that they be paid.

Source: U.S. Department of Labor
Citation: 29 C.F.R. § 785.18
Information: https://www.dol.gov/general/topic/workhours/breaks

Final Paycheck Requirements

Statutory Authority:

California Labor Code establishes strict deadlines for providing final paychecks upon termination of employment.

Employee Resignation (Quits):

According to California Labor Code § 202:

If an employee quits with:

At least 72 hours notice: Final paycheck due at time of quitting
Less than 72 hours notice: Final paycheck due within 72 hours of quitting

Source: California Labor Code § 202
Available at: https://leginfo.legislature.ca.gov/

Employee Termination (Fired or Laid Off):

According to California Labor Code § 201:

When an employer discharges an employee, all wages earned and unpaid must be paid immediately at the time of termination.

Source: California Labor Code § 201
Available at: https://leginfo.legislature.ca.gov/

Final Paycheck Must Include:

All unpaid wages for work performed
Accrued, unused vacation time (if employer provides vacation)
Accrued, unused paid time off (if employer’s policy requires payout)

Note: California law does not require payout of accrued sick leave unless the employer’s policy explicitly provides for such payout.

Penalties for Late Payment:

If an employer willfully fails to pay final wages on time, the employee may be entitled to waiting time penalties equal to the employee’s daily rate of pay for each day payment is late, up to a maximum of 30 days.

Source: California Labor Code § 203

Agency Guidance:

According to California Labor Commissioner:

“When an employer terminates an employee, all wages earned and unpaid at the time of discharge are due and payable immediately.”

Source: California Department of Industrial Relations
Available at: https://www.dir.ca.gov/dlse/

Employee Rights Summary

California employees have the right to:

Be paid at least $16.90 per hour (or applicable higher local/industry minimum)
Receive overtime pay for daily hours over 8 and weekly hours over 40
Take a 30-minute meal break after 5 hours of work
Take a 30-minute meal break after 10 hours of work
Take a 10-minute paid rest break for every 4 hours worked
Receive their final paycheck immediately upon termination or within 72 hours of resignation
Receive payment for all accrued, unused vacation time upon separation
File a wage claim with the Labor Commissioner for unpaid wages
Be free from retaliation for asserting wage and hour rights
Receive itemized wage statements with each paycheck

Source: California Labor Code, multiple sections
Agency Information: https://www.dir.ca.gov/dlse/

2.2 Paid Sick Leave Rights

California mandates paid sick leave for most employees.

Statutory Authority:

California Labor Code § 246 et seq. establishes the state’s paid sick leave requirements, as amended by Senate Bill 616 effective January 1, 2024.

Eligibility

Who is Covered:

According to California Labor Code § 246:

An employee who works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days.

Covered Employees Include:

Full-time employees
Part-time employees
Temporary employees
Seasonal employees

Source: California Labor Code § 246(a)
Available at: https://leginfo.legislature.ca.gov/

Accrual and Availability

Accrual Rate:

Employees must accrue paid sick leave at a rate of at least 1 hour for every 30 hours worked.

Alternative Accrual Methods:

Employers may use a different accrual method if:

Employee has at least 40 hours (or 5 days) of accrued paid sick leave or paid time off available by the 120th calendar day of employment
Employee has at least 40 hours (or 5 days) available in each calendar year or 12-month period

Front-Loading Option:

Employers may provide the full 40 hours (or 5 days) of paid sick leave at the beginning of each year rather than using an accrual method.

When Available:

Employees may begin using accrued paid sick leave beginning on the 90th day of employment.

Source: California Labor Code § 246(b), (c)
Agency FAQ: https://www.dir.ca.gov/dlse/paid_sick_leave.htm

Annual Caps

Accrual Cap:

Employers may limit accrual to 80 hours (or 10 days) per year.

Usage Cap:

Employers may limit use to 40 hours (or 5 days) per year.

Source: California Labor Code § 246(e), (f)

Carryover

Carryover Requirement:

Accrued, unused paid sick leave must carry over to the following year of employment.

Accrual Cap Still Applies:

Even with carryover, employers may cap total accrual at 80 hours (or 10 days).

Alternative to Carryover:

Employers who front-load the full 40 hours (or 5 days) at the beginning of each year are not required to permit carryover of unused time from the previous year.

Source: California Labor Code § 246(c)(2)

Permitted Uses of Paid Sick Leave

Statutory Authority:

According to California Labor Code § 246.5, paid sick leave may be used for the following purposes:

Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member
For an employee who is a victim of domestic violence, sexual assault, or stalking:
- Obtain or attempt to obtain a restraining order or other court assistance
- Seek medical attention for injuries
- Obtain services from a domestic violence shelter, program, or rape crisis center
- Obtain psychological counseling
- Participate in safety planning and related actions
Jury duty (effective January 1, 2026)
To appear in court to comply with a subpoena or other court order as a witness (effective January 1, 2026)
When the employee or employee’s family member is a victim of certain serious crimes to attend judicial proceedings (effective January 1, 2026)

Source: California Labor Code § 246.5(a)
Updated Poster: https://www.dir.ca.gov/dlse/paid_sick_leave.htm

Definition of Family Member

“Family member” includes:

Child (biological, adopted, foster, stepchild, legal ward, or child of a domestic partner, or person to whom employee stands in loco parentis)
Parent (biological, adoptive, foster parent, stepparent, or legal guardian of employee or employee’s spouse/domestic partner, or person who stood in loco parentis when employee was a minor)
Spouse or domestic partner
Grandparent
Grandchild
Sibling

Source: California Labor Code § 245.5
Available at: https://leginfo.legislature.ca.gov/

Rate of Pay

Paid sick leave must be compensated at the employee’s regular rate of pay.

For Non-Exempt Employees:

Regular rate of pay is calculated in accordance with the method used for calculating overtime compensation.

For Exempt Employees:

Paid sick leave is calculated in the same manner as the employer calculates wages for other forms of paid leave time.

Source: California Labor Code § 246(n)

Notice and Posting Requirements

Employer Notice Obligations:

Workplace Poster: Employers must display a poster in a conspicuous place in the workplace that informs employees of their paid sick leave rights
Notice to Employee: Employers must provide paid sick leave information on the written wage notice required under Labor Code § 2810.5 (provided at time of hire)
Wage Statement: Employers must provide either the amount of paid sick leave available or a clear reference to where such information is readily available to the employee

2026 Updated Poster:

The Labor Commissioner’s Office provides updated posters reflecting 2026 changes.

Available in multiple languages:

English: https://www.dir.ca.gov/dlse/paid_sick_leave.htm
Spanish: https://www.dir.ca.gov/dlse/paid_sick_leave.htm
Korean, Tagalog, Chinese Simplified, Vietnamese: Available at same link

Source: California Labor Code § 247
Labor Commissioner Posters: https://www.dir.ca.gov/dlse/paid_sick_leave.htm

Anti-Retaliation Protections

Prohibited Retaliation:

According to California Labor Code § 246.5(c):

An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint or alleging a violation, cooperating in an investigation, or opposing any policy or practice prohibited by law.

Source: California Labor Code § 246.5(c)
Filing Retaliation Claims: https://www.dir.ca.gov/dlse/

Enforcement

Filing a Complaint:

Employees who believe their employer has violated paid sick leave rights may file a complaint with the California Labor Commissioner’s Office.

Remedies May Include:

Reinstatement
Back pay
Liquidated damages
Other appropriate relief

Contact: California Labor Commissioner’s Office
Phone: 833-LCO-INFO (833-526-4636)
Website: https://www.dir.ca.gov/dlse/
Online Wage Claim: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Discrimination and Harassment Laws

3.1 Overview of Anti-Discrimination Protections

California provides extensive protections against employment discrimination through both state and federal law. California’s protections often exceed federal requirements, covering additional protected categories and providing stronger remedies.

Primary Legal Frameworks:

State Law:

Fair Employment and Housing Act (FEHA), California Government Code § 12900 et seq.
Enforced by the California Civil Rights Department (CRD)
Covers employers with 5 or more employees (1 or more for harassment)

Federal Law:

Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Genetic Information Nondiscrimination Act (GINA)
Enforced by the U.S. Equal Employment Opportunity Commission (EEOC)
Generally covers employers with 15 or more employees (20+ for ADEA)

Source: California Government Code § 12900 et seq.
Available at: https://leginfo.legislature.ca.gov/
CRD Information: https://calcivilrights.ca.gov/

3.2 Protected Classes

California State Protected Classes

Statutory Authority:

According to California Government Code § 12940, it is an unlawful employment practice to discriminate against any person based on the following protected characteristics:

Race
Religious creed
Color
National origin
Ancestry
Physical disability
Mental disability
Medical condition (including cancer and genetic characteristics)
Genetic information
Marital status
Sex (including pregnancy, childbirth, breastfeeding, and related medical conditions)
Gender
Gender identity
Gender expression
Age (40 and over)
Sexual orientation
Military and veteran status
Housing status (effective 2022, AB 1000)

Source: California Government Code § 12940(a)
Official Text: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12940
Last Amended: 2022 (addition of housing status)

Comprehensive List from CRD:

According to the California Civil Rights Department, the Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and military and veteran status.

Source: California Civil Rights Department
Available at: https://calcivilrights.ca.gov/
FEHA Information: https://calcivilrights.ca.gov/legalrecords/

Federal Protected Classes

Under Federal Law (Title VII, ADA, ADEA, GINA):

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity per EEOC interpretation)
National origin
Age (40 and over, ADEA)
Disability (ADA)
Genetic information (GINA)

Source: Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2
Official Text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2
EEOC Information: https://www.eeoc.gov/laws/statutes/

Age Discrimination: Source: Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
Official Text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621
EEOC Age Discrimination: https://www.eeoc.gov/age-discrimination

Disability Discrimination: Source: Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
Official Text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101
EEOC ADA Information: https://www.eeoc.gov/laws/guidance/

Genetic Information: Source: Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq.
Official Text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff
EEOC GINA Information: https://www.eeoc.gov/genetic-information-discrimination

Comparison: California vs. Federal Protections

Additional California Protections (beyond federal):

Ancestry
Marital status
Medical condition (cancer, genetic characteristics)
Gender identity (explicitly in statute)
Gender expression (explicitly in statute)
Military and veteran status (explicit separate category)
Housing status

Lower Employer Threshold:

California FEHA: 5+ employees (1+ for harassment)
Federal Title VII: 15+ employees
Federal ADEA: 20+ employees

Broader Remedies:

California permits uncapped compensatory and punitive damages
Federal law caps certain damages based on employer size

3.3 Types of Prohibited Discrimination

According to California Government Code § 12940, unlawful employment practices include discrimination in:

Hiring and Selection:

Refusing to hire based on protected characteristic
Discriminatory recruitment practices
Discriminatory job advertisements
Biased selection procedures

Compensation:

Pay discrimination based on protected characteristic
Discriminatory benefits allocation
Unequal bonus or incentive compensation

Terms and Conditions of Employment:

Job assignments based on protected characteristic
Discriminatory work schedules
Unequal access to training or advancement
Discriminatory discipline or evaluation

Promotion and Advancement:

Denying promotions based on protected characteristic
Glass ceiling practices
Discriminatory succession planning

Termination:

Discharge based on protected characteristic
Discriminatory layoff selection
Constructive discharge

Retaliation:

Adverse action for opposing discrimination
Retaliation for filing a complaint
Retaliation for participating in an investigation

Source: California Government Code § 12940
Available at: https://leginfo.legislature.ca.gov/

3.4 Sexual Harassment

Definition and Types

Statutory Prohibition:

According to California Government Code § 12940(j), it is an unlawful employment practice for an employer to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Source: California Government Code § 12940(j)
Official Text: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12940

Definition of Sexual Harassment:

According to California Civil Rights Department regulations:

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

Submission to the conduct is made either an explicit or implicit term or condition of employment, or
Submission to or rejection of the conduct is used as the basis for employment decisions affecting the individual, or
The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

Source: California Code of Regulations, Title 2, § 11034
CRD Regulations: https://calcivilrights.ca.gov/

Two Categories of Sexual Harassment

1. Quid Pro Quo Harassment

Definition: Occurs when:

Submission to sexual conduct is made a condition of employment benefits
Employment decisions are based on acceptance or rejection of sexual conduct
A supervisor conditions job benefits on sexual favors

Examples:

Supervisor offers promotion in exchange for sexual favors
Manager threatens termination unless employee submits to sexual advances
Hiring conditioned on accepting sexual conduct

Employer Liability: Employers are strictly liable for quid pro quo harassment by supervisors.

2. Hostile Work Environment Harassment

Definition: Occurs when:

Unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
The conduct is severe or pervasive enough to alter employment conditions
A reasonable person would find the environment hostile or abusive

Examples:

Repeated sexual comments or jokes
Display of sexually explicit materials
Unwanted touching or physical contact
Persistent requests for dates after rejection
Sexual gestures or leering

Employer Liability: Employers may be liable for hostile environment created by supervisors, coworkers, or third parties, depending on knowledge and response.

Source: California Fair Employment and Housing Council Regulations
Available at: https://calcivilrights.ca.gov/

Employer Liability Standards

For Harassment by Supervisors:

Employers are liable for harassment by supervisors, regardless of whether the employer knew or should have known of the conduct.

For Harassment by Coworkers:

Employers are liable if the employer knew or should have known of the harassment and failed to take immediate and appropriate corrective action.

For Harassment by Non-Employees:

Employers may be liable for harassment by clients, customers, or vendors if the employer knew or should have known of the conduct and failed to take appropriate action within its control.

Source: California Government Code § 12940(j), (k)
Case Law Guidance: Interpreted by California courts

Prevention and Response Obligations

Employer Duties:

According to California Government Code § 12940(k):

“An employer shall take all reasonable steps necessary to prevent discrimination and harassment from occurring.”

Reasonable Steps Include:

Implementing anti-harassment policies
Providing required training (see below)
Establishing complaint procedures
Conducting prompt investigations
Taking appropriate corrective action
Preventing retaliation

Source: California Government Code § 12940(k)
Official Text: https://leginfo.legislature.ca.gov/

Mandatory Harassment Prevention Training

Training Requirements:

According to California Government Code § 12950.1:

Employers with 5 or more employees must provide sexual harassment prevention training and education to:

Supervisory Employees:

At least 2 hours of training within 6 months of assuming supervisory position
Training must be repeated once every 2 years

Non-Supervisory Employees:

At least 1 hour of training within 6 months of hire
Training must be repeated once every 2 years

Training Must Cover:

Definition of harassment, including sexual harassment
Remedies available to victims
Strategies to prevent harassment
Supervisors’ obligation to report harassment
Practical examples of harassment
Workplace bullying prevention (Assembly Bill 2053, effective 2024)

Source: California Government Code § 12950.1
Effective Date: Original requirement 2005; updated requirements effective January 1, 2019, and January 1, 2024
Available at: https://leginfo.legislature.ca.gov/

Training Resources:

The California Civil Rights Department provides guidance and resources for employers.

CRD Training Information: https://calcivilrights.ca.gov/shpt/
Training Requirements FAQ: https://calcivilrights.ca.gov/

Compliance Deadline:

Employers must provide training within specified timeframes and maintain records of training completion.

Note on 2024 Update:

Assembly Bill 2053 expanded training requirements to include prevention of abusive conduct (workplace bullying) effective January 1, 2024.

Retaliation Prohibition

Statutory Protection:

According to California Government Code § 12940(h):

It is unlawful to discharge, expel, or otherwise discriminate against any person because the person has:

Opposed practices forbidden under FEHA
Filed a complaint
Testified or assisted in any proceeding under FEHA

Protected Activities:

Filing a harassment complaint
Reporting harassment to supervisor or HR
Participating in harassment investigation
Testifying in harassment proceeding
Opposing harassment of coworkers

Source: California Government Code § 12940(h)
Official Text: https://leginfo.legislature.ca.gov/

3.5 Other Forms of Unlawful Harassment

California law prohibits harassment based on ANY protected characteristic, not just sex.

Prohibited Harassment Includes:

Racial harassment (slurs, stereotypes, racist jokes)
Religious harassment (mockery of religious practices, pressure to change religion)
Disability harassment (mockery of physical or mental limitations)
Age harassment (ageist comments, stereotypes about older workers)
National origin harassment (accent discrimination, ethnic slurs)
Harassment based on sexual orientation or gender identity
Harassment based on any other protected characteristic

Same Legal Standards Apply:

Must be severe or pervasive
Must create hostile or abusive work environment
Employer must take reasonable steps to prevent and correct

Source: California Government Code § 12940(j)

3.6 Enforcement and Remedies

Filing a Complaint with CRD

Who Can File:

Any person who believes they have experienced discrimination or harassment in employment may file a complaint with the California Civil Rights Department.

Time Limits:

Complaints must be filed within:

3 years from the date of the alleged unlawful practice (California)
300 days for federal claims filed with EEOC (concurrent jurisdiction)

How to File:

1. Online: California Civil Rights System (CCRS)

Website: https://ccrs.calcivilrights.ca.gov/s/
Available 24/7
Allows document upload and case tracking

2. By Phone:

Contact Center: 800-884-1684 (voice)
TTY: 800-700-2320
California Relay Service: 711
Hours: Monday-Friday, 8 AM – 5 PM (Pacific Time)

3. In Person: Visit any CRD office location (see Section 10 for addresses)

4. By Mail: Civil Rights Department
Attn: Intake Unit
651 Bannon Street, Suite 200
Sacramento, CA 95811

Source: California Civil Rights Department
Filing Information: https://calcivilrights.ca.gov/complaintprocess/how-to-file-a-complaint/
Complaint Process: https://calcivilrights.ca.gov/complaintprocess/

CRD Complaint Process

Step 1: Intake

CRD reviews complaint for jurisdiction
Complaint prepared for complainant’s signature
Signed complaint sent to employer (respondent)

Step 2: Response

Employer has 30 days to respond
CRD may facilitate early resolution

Step 3: Investigation

CRD investigates allegations
Requests documents and statements
Interviews witnesses as needed

Step 4: Determination

No Reasonable Cause: Case closed; complainant may request Right-to-Sue notice
Reasonable Cause: Parties required to attend mediation

Step 5: Mediation

Free mediation services provided
Opportunity to settle dispute
If no settlement, CRD may file lawsuit

Step 6: Litigation (if applicable)

CRD may file lawsuit in court
OR complainant may file private lawsuit with Right-to-Sue notice

Source: California Civil Rights Department
Process Details: https://calcivilrights.ca.gov/complaintprocess/

Right-to-Sue Notice

What It Is:

A Right-to-Sue notice allows a complainant to file a private lawsuit in civil court.

When Issued:

After CRD investigation concludes (if no reasonable cause found)
Upon complainant’s request after 1 year from complaint filing
Immediately in certain circumstances

Deadline to File Lawsuit:

Complainant must file lawsuit within 1 year of receiving Right-to-Sue notice from CRD.

Source: California Government Code § 12965
CRD Right-to-Sue Information: https://calcivilrights.ca.gov/right-to-sue/

Available Remedies

If Discrimination or Harassment Is Proven, Remedies May Include:

Compensatory Damages
- Lost wages and benefits
- Emotional distress
- Medical expenses
- Out-of-pocket losses
Punitive Damages
- Awarded for malicious or reckless conduct
- No cap under California law (unlike federal law)
Injunctive Relief
- Reinstatement to position
- Promotion
- Policy changes
- Training requirements
Attorney’s Fees and Costs
- Prevailing plaintiffs may recover reasonable attorney’s fees
- Court costs

Source: California Government Code § 12970
Available at: https://leginfo.legislature.ca.gov/

Comparison to Federal Remedies:

Federal law (Title VII) caps compensatory and punitive damages based on employer size:

15-100 employees: $50,000 cap
101-200 employees: $100,000 cap
201-500 employees: $200,000 cap
500+ employees: $300,000 cap

California law does not cap these damages.

Source: 42 U.S.C. § 1981a
Official Text: https://uscode.house.gov/

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Statutory Authority:

According to California Government Code § 12940(m), it is an unlawful employment practice for an employer to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee, unless the employer can demonstrate that the accommodation would produce undue hardship.

Source: California Government Code § 12940(m)
Official Text: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12940

Definition of Disability:

Under California law, “disability” is defined broadly and includes:

Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems
Any mental or psychological disorder
Conditions that limit a major life activity (working, performing manual tasks, seeing, hearing, speaking, learning, etc.)
Conditions that are episodic or in remission that would limit a major life activity when active

Source: California Government Code § 12926(m)
Available at: https://leginfo.legislature.ca.gov/

California Standard vs. Federal ADA:

California’s definition of disability is broader than the federal Americans with Disabilities Act (ADA). An individual may be protected under California law even if not covered by the ADA.

Examples of Covered Conditions:

Mobility impairments
Visual or hearing impairments
Chronic illnesses (diabetes, epilepsy, cancer)
Mental health conditions (depression, anxiety, PTSD)
Learning disabilities
Autoimmune disorders
Many other conditions

4.2 The Interactive Process

Statutory Requirement:

California law requires employers to engage in a timely, good-faith interactive process with employees who request reasonable accommodation.

The Interactive Process – Five Steps:

Step 1: Initiate Discussion

Either employee or employer may initiate
Typically begins with employee’s accommodation request
Employer should respond promptly (within days, not weeks)

Step 2: Exchange Information

Employee provides information about disability and limitations
Employer may request medical documentation
Employee explains how disability affects work performance
Employer shares essential job functions

Step 3: Explore Accommodation Options

Discuss possible accommodations with employee
Consider employee’s suggestions
Brainstorm alternatives
Research available accommodations

Step 4: Choose Accommodation

Select effective accommodation
Employee’s preference should be given primary consideration
Employer has ultimate choice among effective options
Document decision in writing

Step 5: Implement and Monitor

Implement chosen accommodation
Monitor effectiveness
Make adjustments if needed
Continue dialogue as circumstances change

Failure to Engage:

Failure to engage in the interactive process in good faith may itself constitute a violation of California law, even if a reasonable accommodation ultimately was not possible.

Source: California Fair Employment and Housing Council Regulations
Citation: 2 CCR § 11068
CRD Guidance: https://calcivilrights.ca.gov/

4.3 Types of Reasonable Accommodations

Common Reasonable Accommodations Include:

Schedule Modifications
- Modified work schedules
- Part-time or reduced hours
- Flexibility for medical appointments
- Leave of absence beyond FMLA/CFRA
Work Environment Modifications
- Ergonomic furniture or equipment
- Adjustable desks or chairs
- Specialized computer software
- Improved lighting
- Noise reduction
- Climate control adjustments
Job Restructuring
- Reassignment of marginal job functions
- Modified job duties
- Breaking tasks into smaller components
- Providing additional training time
Equipment and Technology
- Assistive technology
- Screen readers or magnification software
- Voice recognition software
- Specialized keyboards or mice
- Hearing amplification devices
Policy Modifications
- Allowing service animals
- Modifying dress code
- Providing additional breaks
- Allowing remote work
- Adjusting attendance policies
Reassignment
- Transfer to vacant position for which employee is qualified
- Reassignment is accommodation of last resort
- No obligation to create new position
- No obligation to promote employee

Source: California Civil Rights Department guidance
EEOC Technical Assistance: https://www.eeoc.gov/publications/

4.4 Undue Hardship Exception

Definition:

An employer is not required to provide an accommodation that would impose an “undue hardship” on the operation of the business.

Undue Hardship Factors:

According to California regulations, factors to consider include:

Nature and cost of accommodation
Overall financial resources of employer
Overall size of employer’s business
Impact on employer’s operations
Impact on other employees

Important Notes:

Undue hardship is a high standard
Cost alone is rarely sufficient
Employer bears burden of proving undue hardship
Must be significant difficulty or expense in relation to employer’s resources

Source: California Government Code § 12926(u)
Available at: https://leginfo.legislature.ca.gov/

Federal ADA Standard:

Federal law applies similar undue hardship analysis.

Source: Americans with Disabilities Act, 42 U.S.C. § 12111
EEOC Guidance: https://www.eeoc.gov/laws/guidance/

4.5 Religious Accommodations

Statutory Authority:

According to California Government Code § 12940(l), employers must reasonably accommodate an employee’s or applicant’s religious beliefs, observances, and practices unless accommodation would result in undue hardship.

Religious Accommodation Includes:

Time off for religious observances or holidays
Modified work schedules to accommodate religious practices
Dress or grooming accommodations (head coverings, beards, religious jewelry)
Break time and space for prayer
Exemption from certain job duties that conflict with sincerely held religious beliefs

Undue Hardship Standard (Religious Accommodation):

For religious accommodations, undue hardship means:

More than de minimis (minimal) cost to employer
Significant burden on employer’s business operations
Violation of seniority system
Adverse impact on coworkers

Note: The religious accommodation undue hardship standard is LOWER than the disability accommodation standard.

Source: California Government Code § 12940(l)
Federal Law: Title VII, 42 U.S.C. § 2000e(j)
Available at: https://www.eeoc.gov/laws/guidance/

4.6 Pregnancy Accommodation

Statutory Authority:

According to California Government Code § 12945:

Employers must provide reasonable accommodation for conditions related to pregnancy, childbirth, or related medical conditions if an employee requests such accommodation with the advice of her health care provider.

Pregnancy Disability Leave (PDL):

Eligible employees are entitled to up to 4 months of pregnancy disability leave for:

Disability caused by pregnancy
Childbirth
Related medical conditions

Coverage:

Employers with 5 or more employees
No minimum hours or tenure requirement for employee

Job Protection:

Right to return to same or comparable position
Employer must maintain health benefits during leave

Reasonable Accommodations for Pregnancy May Include:

Modified work schedule or lighter duties
More frequent breaks
Transfer to less hazardous or strenuous position
Temporary transfer to less strenuous work
Accommodation for morning sickness, fatigue, or medical appointments
Time off for severe morning sickness or prenatal care

Lactation Accommodation:

According to California Labor Code § 1030 et seq., employers must provide:

Reasonable break time to express breast milk
A private room or location (not a bathroom) in close proximity to work area
Access to sink and refrigerator

Break Time:

Should run concurrently with existing break time when possible
Additional break time beyond existing breaks need not be paid

Source: California Government Code § 12945
Labor Code § 1030-1033: https://leginfo.legislature.ca.gov/
CRD Pregnancy Information: https://calcivilrights.ca.gov/

4.7 Requesting Accommodation

Employee Accommodation Request Process:

Step 1: Make Request

Request can be oral or written (written provides documentation)
Typically includes statement of disability and need for accommodation
Description of how disability affects work
Possible accommodation suggestions
No specific wording or legal terminology required

Step 2: Provide Information

Response to employer’s requests for information
Medical documentation if requested
Specific information about limitations and restrictions
Maintaining open communication

Step 3: Participate in Interactive Process

Good-faith dialogue engagement
Consideration of employer’s suggestions
Feedback on proposed accommodations
Flexibility and reasonableness

Step 4: Follow Up

Documentation of all communications
Copies of requests and responses
Monitoring of accommodation implementation
Reporting of problems or needed adjustments

Employer Accommodation Response Process:

Step 1: Respond Promptly

Acknowledgment of accommodation request
Avoid delaying interactive process
Confidential treatment of request
No retaliation against employee for requesting

Step 2: Gather Information

Request for medical documentation if needed
Questions about limitations and restrictions
Identification of essential job functions
Consultation with HR or legal counsel if necessary

Step 3: Engage in Interactive Process

Meeting with employee to discuss needs
Exploration of accommodation options
Consideration of employee’s preferences
Documentation of discussions and decisions

Step 4: Implement Accommodation

Provision of accommodation in timely manner
Monitoring of effectiveness
Adjustments as needed
Ongoing communication maintained

Step 5: Maintain Confidentiality

Medical information kept confidential
Information sharing on need-to-know basis only
Medical documentation stored separately from personnel file
Supervisor training on confidentiality requirements

Source: CRD and EEOC guidance
CRD Resources: https://calcivilrights.ca.gov/
EEOC Accommodation Resources: https://www.eeoc.gov/laws/guidance/

Employer Obligations in California

5.1 Required Workplace Postings

California employers must display numerous state and federal workplace posters in locations accessible to all employees.

State-Required Posters

Mandatory California Posters:

Minimum Wage Order (MW-2026)
- Content: Current minimum wage rates
- Source: California Industrial Welfare Commission / DIR
- Download: https://www.dir.ca.gov/IWC/MW-2026.pdf
Paid Sick Leave Poster
- Content: Employee rights to paid sick leave
- Source: California Labor Commissioner’s Office
- Download: https://www.dir.ca.gov/dlse/paid_sick_leave.htm
- Available in: English, Spanish, Korean, Tagalog, Chinese, Vietnamese
Safety and Health Protection on the Job (Cal/OSHA)
- Content: Worker safety rights and employer duties
- Source: Cal/OSHA
- Download: https://www.dir.ca.gov/
Notice to Employees – Injuries Caused by Work
- Content: Workers’ compensation rights
- Source: Division of Workers’ Compensation
- Download: https://www.dir.ca.gov/dwc/
California Law Prohibits Workplace Discrimination and Harassment
- Content: FEHA protections and complaint procedures
- Source: California Civil Rights Department
- Download: https://calcivilrights.ca.gov/
Workplace Safety and Workers’ Compensation Fraud
- Content: Safety reporting and fraud prevention
- Source: DIR
- Download: https://www.dir.ca.gov/
Notice to Employees – UI, SDI, PFL (if applicable)
- Content: Unemployment Insurance, State Disability Insurance, Paid Family Leave
- Source: Employment Development Department
- Download: https://www.edd.ca.gov/
Payday Notice
- Content: Employer’s regular paydays
- Source: Labor Code § 207
- Must Post: Date, time, and location of wage payments
Emergency Contact Information (2026 requirement)
- Content: Opportunity for employees to designate emergency contacts
- Source: SB 294, effective January 1, 2026
- Requirement: Employers must provide opportunity by March 30, 2026

Source: California Department of Industrial Relations
Poster Central: https://www.dir.ca.gov/wpnodb.html
Labor Commissioner: https://www.dir.ca.gov/dlse/

Industry-Specific Posters:

Certain industries require additional postings:

Fast Food: Minimum Wage Supplement for Fast Food Restaurant Employees
Healthcare: Healthcare-specific minimum wage notices
Agriculture: Agricultural labor relations notices
Others: Consult with industry regulators

Federal Required Posters

Mandatory Federal Posters:

Employee Rights Under the Fair Labor Standards Act
- Content: Federal minimum wage and overtime rights
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/agencies/whd/posters
Employee Rights on Government Contracts (if applicable)
- Content: Rights under Davis-Bacon, Service Contract Act, etc.
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/
Your Rights Under USERRA (uniformed services employment)
- Content: Rights of service members
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/agencies/vets/programs/userra/poster
Job Safety and Health – It’s the Law
- Content: OSHA workplace safety rights
- Source: U.S. Occupational Safety and Health Administration
- Download: https://www.osha.gov/publications/poster
Equal Employment Opportunity is the Law
- Content: Federal anti-discrimination protections
- Source: EEOC
- Download: https://www.eeoc.gov/poster
Employee Polygraph Protection Act
- Content: Prohibition on lie detector tests
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/agencies/whd/posters
Family and Medical Leave Act (FMLA) (employers with 50+ employees)
- Content: FMLA leave rights
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/agencies/whd/fmla/posters
Employee Rights Under the National Labor Relations Act
- Content: Union and collective bargaining rights
- Source: National Labor Relations Board
- Download: https://www.nlrb.gov/resources/national-labor-relations-act

Source: U.S. Department of Labor
All Federal Posters: https://www.dol.gov/general/topics/posters

Posting Requirements

Where to Post:

Conspicuous place in workplace
Where employees can easily read notices
Common areas (break rooms, time clock areas)
Multiple locations if large worksite

Language Requirements:

Post in languages spoken by significant portion of workforce
Many posters available in multiple languages

Remote Workers:

Electronic posting acceptable if employees have regular access
Email or intranet distribution
Must ensure accessibility

Penalties for Non-Compliance:

Civil penalties for failure to post
Penalties vary by poster and violation
May affect ability to contest employee claims

5.2 New Hire Reporting

Statutory Requirement:

California Labor Code § 1088.5 requires all employers to report new hires and rehires to the California Employment Development Department (EDD).

Who Must Be Reported:

All new employees
Rehired employees
Independent contractors (certain types)

Reporting Deadline:

Within 20 days of:

Employee’s start date, or
Employee’s first day for which services are performed for wages

Required Information:

Employee name
Employee Social Security Number
Employee date of birth
Employee date of hire
Employee address
Employer name
Employer federal Employer Identification Number (FEIN)
Employer address

How to Report:

Online: https://edd.ca.gov/en/Payroll_Taxes/New_Hire_Reporting
By Mail: Send W-4 or equivalent form to EDD
Fax: (916) 319-4400
Magnetic Media: For employers with multiple hires

Source: California Employment Development Department
New Hire Reporting: https://edd.ca.gov/en/Payroll_Taxes/New_Hire_Reporting
Labor Code § 1088.5: https://leginfo.legislature.ca.gov/

Purpose of Reporting:

Child support enforcement
Unemployment Insurance fraud prevention
Tax compliance

Penalties:

$24 per failure to report (or late report)
$490 if employer conspired with employee to not report

5.3 Recordkeeping Requirements

Wage and Hour Records

Statutory Authority:

California Labor Code § 1174 and § 226 require employers to maintain accurate records of employee wages, hours, and working conditions.

Required Records:

For each employee, employers must maintain:

Full name and Social Security Number
Home address
Date of birth (if under 18)
Occupation
Time records showing:
- Hours worked each day
- Total hours worked each workweek
- Meal period start and end times
Wage rates
Gross wages earned
Deductions from wages
Net wages earned
Dates of pay periods
Piece-rate information (if applicable)

Retention Period:

Employment records must be maintained for at least 4 years from the date of entry.

Payroll records must be maintained for at least 3 years.

Time records showing hours worked must be maintained for at least 4 years.

Source: California Labor Code § 1174, § 226
Available at: https://leginfo.legislature.ca.gov/
Industrial Welfare Commission Orders: https://www.dir.ca.gov/iwc/

Personnel Records

Access to Personnel Records:

According to California Labor Code § 1198.5, employees and former employees have the right to inspect and copy their personnel records.

Timeline:

Current employees: Within 30 days of request
Former employees: Within 30 days of request

Records Subject to Inspection:

Performance evaluations
Disciplinary records
Payroll records
Employment agreements

Employer May Charge:

Reasonable copying costs for copies

Source: California Labor Code § 1198.5
Available at: https://leginfo.legislature.ca.gov/

Other Record Retention Requirements

I-9 Employment Eligibility Verification Forms:

Retain for 3 years after hire, OR
1 year after employment ends, whichever is later

Source: Immigration and Nationality Act, 8 U.S.C. § 1324a
USCIS I-9 Central: https://www.uscis.gov/i-9-central

EEO-1 Reports (employers with 100+ employees):

Maintain for 1 year from filing

Tax Records:

Generally 4 years under IRS rules

Workers’ Compensation Records:

5 years under California law

OSHA Records (injury and illness logs):

5 years

5.4 Form I-9 and E-Verify

Form I-9 Requirements

Federal Requirement:

All U.S. employers must complete and retain Form I-9, Employment Eligibility Verification, for each employee hired after November 6, 1986.

Timeline:

Employee must complete Section 1 by first day of work
Employer must complete Section 2 within 3 business days of employee’s start date

Acceptable Documents:

Employees must present:

List A: One document proving identity AND employment authorization, OR
List B AND List C: One document proving identity PLUS one document proving employment authorization

Common List A Documents:

U.S. Passport
Permanent Resident Card (Green Card)
Employment Authorization Document (EAD)

Common List B Documents:

Driver’s license
State ID card
School ID with photo

Common List C Documents:

Social Security Card
Birth Certificate

Source: U.S. Citizenship and Immigration Services
Form I-9: https://www.uscis.gov/i-9
Acceptable Documents: https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents

Retention:

3 years after hire, OR
1 year after employment ends, whichever is later

Penalties:

Civil penalties for violations range from $272 to $2,701 per violation (2025 rates)
Criminal penalties for pattern or practice of violations

E-Verify

What is E-Verify:

E-Verify is an internet-based system that compares information from an employee’s Form I-9 to records in U.S. government databases to confirm employment eligibility.

Is E-Verify Mandatory in California?

E-Verify is generally voluntary for California private employers, with exceptions:

Federal contractors and subcontractors may be required to use E-Verify
Some employers choose to participate voluntarily

California Law Restrictions:

California law limits how private employers may use E-Verify:

Cannot use E-Verify except as required by federal law or as condition of receiving federal funds
Cannot use E-Verify to check current employees (re-verification) unless required by federal law

Source: California Labor Code § 2814
Available at: https://leginfo.legislature.ca.gov/

Federal E-Verify Information: Source: U.S. Citizenship and Immigration Services
E-Verify Homepage: https://www.e-verify.gov/

5.5 Wage Payment Requirements

Pay Frequency:

California Labor Code § 204 establishes minimum pay frequency requirements:

For Most Employees:

Wages earned between 1st and 15th of month: Must be paid by 26th of same month
Wages earned between 16th and last day of month: Must be paid by 10th of following month

For Overtime:

Overtime wages must be paid no later than payday for next regular payroll period

For Commissions:

Commission wages must be paid at least semi-monthly

Source: California Labor Code § 204
Available at: https://leginfo.legislature.ca.gov/

Payday Notice:

Employers must post a notice specifying regular paydays.

Source: California Labor Code § 207

Wage Statements:

According to California Labor Code § 226, employers must provide accurate itemized wage statements with each payment of wages, showing:

Gross wages earned
Total hours worked (for non-exempt employees)
Number of piece-rate units earned and applicable piece rate (if applicable)
All deductions
Net wages earned
Inclusive dates of period for which employee is paid
Employee name and last 4 digits of Social Security Number or employee ID number
Employer name and address
Hourly rates in effect and corresponding hours worked at each rate
Available paid sick leave balance (or indicate where information is readily available)

Format:

Wage statements may be provided:

In paper form, OR
Electronically if employee can print or store statement

Source: California Labor Code § 226
Available at: https://leginfo.legislature.ca.gov/

Penalties:

Failure to provide accurate wage statements can result in:

$50 for initial violation
$100 for subsequent violations
Up to $4,000 maximum per employee

Filing Complaints

6.1 When to File a Complaint

Employees may file a complaint when they believe:

Wages have been unpaid or underpaid
Meal or rest breaks have been denied
Overtime has not been properly paid
Discrimination or harassment has occurred
Retaliation has occurred for exercising workplace rights
Workplace safety violations exist
Other employment law violations have occurred

6.2 Wage and Hour Complaints – Labor Commissioner

For Wage and Hour Issues:

File with the California Labor Commissioner’s Office (Division of Labor Standards Enforcement)

Types of Claims:

Unpaid wages
Unpaid overtime
Meal or rest break violations
Final paycheck violations
Unpaid sick leave
Misclassification (independent contractor vs. employee)
Retaliation for wage claims

How to File:

Online:

Website: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Complete online wage claim form

By Phone:

Call: 833-LCO-INFO (833-526-4636)
Available Monday-Friday, 8 AM – 5 PM

In Person:

Visit nearest Labor Commissioner office
Locations: https://www.dir.ca.gov/dlse/DistrictOffices.htm

By Mail:

Download claim form from website
Mail to nearest office

Time Limit:

Wage claims must be filed within:

3 years for most wage claims
4 years for claims based on written contracts
1 year for minimum wage violations

Source: California Labor Code § 98.1, § 340, § 337
Labor Commissioner Wage Claims: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Process:

Filing: Submit wage claim with details and supporting documents
Settlement Conference: Parties meet to attempt resolution
Hearing: If no settlement, hearing before Deputy Labor Commissioner
Order/Decision: Written decision issued
Appeal: Either party may appeal to superior court within 10 days

No Cost:

Filing a wage claim with the Labor Commissioner is free. No attorney is required, though employees may choose to have representation.

6.3 Discrimination and Harassment Complaints – CRD

For Discrimination and Harassment Issues:

File with the California Civil Rights Department (CRD)

Types of Complaints:

Employment discrimination based on protected characteristics
Harassment (sexual, racial, or other)
Retaliation for opposing discrimination
Failure to accommodate disability
Failure to provide pregnancy leave
Failure to provide religious accommodation

How to File:

Online (Preferred):

California Civil Rights System: https://ccrs.calcivilrights.ca.gov/s/
Available 24/7
Requires email address and phone number

By Phone:

Call: 800-884-1684 (voice)
TTY: 800-700-2320
California Relay Service: 711
Monday-Friday, 8 AM – 5 PM

In Person:

Visit CRD office
Main Office: 651 Bannon Street, Suite 200, Sacramento, CA 95811
Regional offices available

By Mail:

Write to main office address above
Include detailed description of discrimination

Source: California Civil Rights Department
Filing Information: https://calcivilrights.ca.gov/complaintprocess/how-to-file-a-complaint/

Time Limit:

Complaints must be filed within 3 years of the last alleged discriminatory act (California FEHA)

Note: Federal EEOC complaints have shorter deadlines (300 days)

Process Overview:

Intake and screening
Complaint preparation and signature
Service on employer
Employer response
Investigation
Determination (reasonable cause or no reasonable cause)
Mediation or litigation

See Section 3.6 for detailed process information.

No Cost:

Filing with CRD is free. Legal representation is not required but is permitted.

6.4 Federal Discrimination Complaints – EEOC

For Federal Civil Rights Claims:

File with the U.S. Equal Employment Opportunity Commission (EEOC)

Types of Charges:

Discrimination based on race, color, religion, sex, national origin
Age discrimination (40+)
Disability discrimination
Genetic information discrimination
Retaliation

How to File:

Online:

EEOC Public Portal: https://publicportal.eeoc.gov/Portal/Login.aspx
Schedule intake interview online

By Phone:

Call: 1-800-669-4000
TTY: 1-800-669-6820

In Person:

Visit EEOC field office
Nearest California offices: Los Angeles, Oakland, San Diego, San Francisco, San Jose, Fresno

Source: U.S. Equal Employment Opportunity Commission
How to File: https://www.eeoc.gov/how-file-charge-employment-discrimination

Time Limit:

Charges must be filed within 300 days of discriminatory act in California (state with Fair Employment Practices Agency)

Dual Filing:

California has work-sharing agreement with EEOC:

Filing with CRD automatically files with EEOC
Filing with EEOC automatically files with CRD
Preserves rights under both state and federal law

6.5 Workplace Safety Complaints – Cal/OSHA

For Safety and Health Violations:

File with California Division of Occupational Safety and Health (Cal/OSHA)

Types of Complaints:

Unsafe working conditions
Lack of required safety equipment
Exposure to hazardous substances
Inadequate safety training
Heat illness prevention violations
COVID-19 workplace safety violations
Retaliation for reporting safety concerns

How to File:

Online:

Cal/OSHA Complaint Form: https://www.dir.ca.gov/dosh/Complaint.htm
Submit electronically

By Phone:

Call nearest Cal/OSHA District Office
Offices: https://www.dir.ca.gov/dosh/districtoffices.htm

In Person:

Visit Cal/OSHA district office

Source: California Division of Occupational Safety and Health
File Complaint: https://www.dir.ca.gov/dosh/Complaint.htm

Process:

Complaint filed
Evaluation and prioritization
Inspection (if warranted)
Citations issued (if violations found)
Employer must correct violations

Confidentiality:

Employee may request that name be kept confidential from employer.

Federal OSHA:

Federal OSHA complaints: 1-800-321-OSHA (6742)
Website: https://www.osha.gov/workers/file-complaint

6.6 Private Lawsuit

When to File Private Lawsuit:

Employees may file a private lawsuit in court:

After receiving Right-to-Sue notice from CRD (for discrimination claims)
For wage and hour violations (Class action possible)
For wrongful termination
For breach of contract
For other employment law violations

Attorney Representation:

Private lawsuits typically require an attorney. Consider:

Consultation with employment law attorney
Contingency fee arrangements (attorney paid from recovery)
Costs and time commitment of litigation

Statute of Limitations:

Varies by claim type:

Written contract breach: 4 years
Oral contract breach: 2 years
Wage claims: 3-4 years depending on claim
FEHA claims: 1 year from Right-to-Sue notice
Personal injury: 2 years
Others: Consult attorney

Source: California Code of Civil Procedure
Attorney Referral: State Bar of California: https://www.calbar.ca.gov/

6.7 Information for Filing Complaints

Common Filing Practices:

Document Everything:
- Copies of pay stubs, time records, emails
- Dates, times, witnesses to incidents
- Performance reviews and communications
- Photos if relevant
File Promptly:
- Filing earlier preserves evidence and witness memory
- Some claims have short deadlines
Be Detailed:
- Provide specific facts, dates, and names
- Explain how you were harmed
- Include all relevant incidents
Gather Evidence:
- Collect supporting documents
- Identify witnesses
- Obtain written statements if possible
Seek Information:
- Contact relevant agency for guidance
- Consider free legal services if low income
- Consultation with attorney if possible
Protect Yourself:
- Do not destroy evidence
- Do not make threats
- Continue performing job duties
- Do not retaliate against employer

6.8 Summary Table – Where to File

Wage and Hour Issues:

Agency: California Labor Commissioner
Phone: 833-526-4636
Website: https://www.dir.ca.gov/dlse/
Time Limit: 3 years (most claims)

Discrimination/Harassment:

Agency: California Civil Rights Department
Phone: 800-884-1684
Website: https://calcivilrights.ca.gov/
Time Limit: 3 years

Federal Discrimination:

Agency: U.S. EEOC
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/
Time Limit: 300 days

Workplace Safety:

Agency: Cal/OSHA
Phone: District office numbers
Website: https://www.dir.ca.gov/dosh/
Time Limit: No specific limit, but file promptly

Workers’ Compensation:

Agency: Division of Workers’ Compensation
Phone: 1-800-736-7401
Website: https://www.dir.ca.gov/dwc/
Time Limit: 1 year from injury (generally)

Remote Work in California

7.1 Key Considerations

Remote work has become increasingly common, but California employment laws continue to apply to remote workers.

Employment Law Application:

All California employment laws apply to employees working remotely:

Minimum wage and overtime requirements
Meal and rest break requirements
Discrimination and harassment protections
Paid sick leave rights
Workers’ compensation coverage
All other employee protections

Employer Obligations:

Employers of remote workers must:

Pay for work-related expenses (Labor Code § 2802)
Ensure proper wage payment and record-keeping
Provide meal and rest breaks (monitored/documented)
Maintain workers’ compensation insurance
Comply with workplace safety requirements
Accommodate disabilities for remote work when appropriate

Source: California Labor Code § 2802
Available at: https://leginfo.legislature.ca.gov/

7.2 Expense Reimbursement

Statutory Requirement:

According to California Labor Code § 2802:

“An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.”

Common Reimbursable Expenses for Remote Workers:

Internet service (portion used for work)
Cell phone expenses (portion used for work)
Office supplies
Computer equipment (if not provided by employer)
Ergonomic furniture (if required for accommodation)
Other work-related expenses

Source: California Labor Code § 2802
Available at: https://leginfo.legislature.ca.gov/

7.3 Right to Request Remote Work

No General Right:

California does not have a general statutory right for employees to request remote work arrangements, except:

As Reasonable Accommodation:

Remote work may be required as reasonable accommodation for disability
Employers must engage in interactive process
Remote work may be requested for pregnancy-related conditions
Religious accommodation may include remote work in limited circumstances

7.4 Return-to-Office (RTO) Mandates

Employer Authority:

Employers generally have the right to require employees to return to physical workplace, subject to:

Contractual obligations
Collective bargaining agreements
Reasonable accommodation requirements for disabilities
Other legal protections

Accommodation Considerations:

If employee has disability that requires remote work as accommodation:

Employer must engage in interactive process
Consider whether in-person work is essential function
Evaluate undue hardship based on specific circumstances

7.5 For More Information

Comprehensive Remote Work Guide:

For detailed information on remote work laws in California, including:

Detailed expense reimbursement requirements
Best practices for remote work policies
Multi-state remote work considerations
Specific industry applications
2026 legislative updates

California Remote Work Laws

2026 Legislative Updates

8.1 Major Changes Effective January 1, 2026

Minimum Wage Increase to $16.90

Summary: California’s statewide minimum wage increased to $16.90 per hour.

Source: California Labor Code § 1182.12, MW-2026 Order
Announcement: https://www.dir.ca.gov/DIRNews/2025/2025-118.html
Effective Date: January 1, 2026

Expanded Paid Sick Leave Uses

Summary: Paid sick leave may now be used for:

Jury duty
Compliance with subpoena or court order as witness
Judicial proceedings related to certain serious crimes where employee or family member is victim

Source: California Labor Code § 246.5, as amended
Effective Date: January 1, 2026
Updated Poster: https://www.dir.ca.gov/dlse/paid_sick_leave.htm

Emergency Contact Notification Requirement (SB 294)

Summary: Employers must:

Provide employees opportunity to designate emergency contacts (by March 30, 2026)
Notify designated emergency contact if employee is arrested or detained on worksite or during work hours (when employer has actual knowledge)

Source: Senate Bill 294, adding Labor Code provisions
Effective Date: January 1, 2026
Deadline for Initial Contact Designation: March 30, 2026

Enhanced Wage Theft Enforcement (SB 261)

Summary: Increased penalties for employers who fail to pay wage judgments:

Up to three times the wages owed if not paid within 180 days
Stronger enforcement mechanisms for Labor Commissioner

Source: Senate Bill 261, amending Labor Code provisions
Effective Date: January 1, 2026
Information: https://www.labor.ca.gov/

Expanded California Workplace Outreach Program (SB 578)

Summary: Enhanced education and outreach to workers in industries vulnerable to labor violations.

Source: Senate Bill 578
Effective Date: January 1, 2026

Improved Farmworker Wage Recovery (SB 846)

Summary: Modernized enforcement mechanisms to help farmworkers recover unpaid wages.

Source: Senate Bill 846
Effective Date: January 1, 2026

Expanded Mandatory Reporter Requirements for Child Abuse (AB 653)

Summary: Talent agents, managers, and coaches working with minors are now mandatory reporters under Penal Code § 11165.7.

Source: Assembly Bill 653
Effective Date: January 1, 2026
Relevant to: Employers in entertainment and youth services

8.2 Minimum Salary for Exempt Employees

Updated Threshold:

As of January 1, 2026, employees must earn annual salary of at least $70,304 to meet the salary basis test for executive, administrative, or professional exemptions.

Calculation: $16.90 (minimum wage) × 2 × 40 hours/week × 52 weeks/year = $70,304

Source: California Department of Industrial Relations
Announcement: https://www.dir.ca.gov/DIRNews/2025/2025-118.html

Employer Action Required:

Review exempt employee salaries
Increase salaries or reclassify employees as non-exempt
Implement changes by January 1, 2026

8.3 Computer Software Employee Exemption Rates

Updated 2026 Rates:

Effective January 1, 2026:

Hourly: $58.85 per hour (minimum)
Monthly Salary: $10,214.44 (minimum)
Annual Salary: $122,573.13 (minimum)

Source: California Labor Code § 515.5
DIR Notice: https://www.dir.ca.gov/oprl/ComputerSoftware.htm
Effective Date: January 1, 2026

8.4 Looking Ahead: Pending Legislation

Note on Pending Legislation:

As of January 2026, several employment-related bills are under consideration by the California Legislature. Employers and employees should monitor legislative developments.

Resources to Track Legislation:

California Legislature website: https://leginfo.legislature.ca.gov/
California Labor & Workforce Development Agency: https://www.labor.ca.gov/
California Department of Industrial Relations: https://www.dir.ca.gov/

8.5 How to Stay Updated

Official Government Sources:

California Labor & Workforce Development Agency
- Website: https://www.labor.ca.gov/
- Subscribe to updates
California Department of Industrial Relations
- Website: https://www.dir.ca.gov/
- DIR News: https://www.dir.ca.gov/DIRNews/
California Civil Rights Department
- Website: https://calcivilrights.ca.gov/
- CRD News: https://calcivilrights.ca.gov/crdnews/
California Legislature
- Bill Information: https://leginfo.legislature.ca.gov/
- Track specific bills

Quarterly Review Schedule:

This guide follows a quarterly review schedule in 2026:

Q1 Review: April 2026
Q2 Review: July 2026
Q3 Review: October 2026
Q4 Review: January 2027

Major legislative changes will be updated immediately upon enactment.

Resources

10.1 California State Government Agencies

California Labor Commissioner’s Office (Division of Labor Standards Enforcement)

Main Contact: Phone: 833-LCO-INFO (833-526-4636) Website: https://www.dir.ca.gov/dlse/ Email: MakeItFair@dir.ca.gov

Services:

Wage and hour enforcement
Wage claim filing
Retaliation complaint investigation
Workplace safety information
Labor law guidance

Online Services:

File wage claim online
Access wage claim forms
View FAQ resources
Find office locations

Office Locations: The Labor Commissioner maintains offices in: Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys

Find Nearest Office: https://www.dir.ca.gov/dlse/DistrictOffices.htm

California Civil Rights Department (CRD)

Main Office: 651 Bannon Street, Suite 200 Sacramento, CA 95811

Contact: Phone: 800-884-1684 (voice) TTY: 800-700-2320 California Relay Service: 711 Email: contact.center@calcivilrights.ca.gov

Hours: Monday-Friday, 8:00 AM – 5:00 PM (Pacific Time)

Website: https://calcivilrights.ca.gov/

Services:

Employment discrimination complaints
Harassment investigations
Reasonable accommodation disputes
Retaliation complaints
Housing discrimination
Hate violence reporting
Mediation services

File Complaint:

Online: https://ccrs.calcivilrights.ca.gov/s/
Phone: 800-884-1684
In person at any office
Mail to address above

Regional Offices: CRD maintains regional offices throughout California. Visit https://calcivilrights.ca.gov/locations/ for complete list with addresses and phone numbers.

Training Resources: Sexual harassment prevention training information: https://calcivilrights.ca.gov/shpt/

California Department of Industrial Relations (DIR)

Main Contact: Phone: 844-522-6734 Website: https://www.dir.ca.gov/

Divisions:

Division of Labor Standards Enforcement (Labor Commissioner)
Division of Occupational Safety and Health (Cal/OSHA)
Division of Workers’ Compensation
Office of the Director

Resources:

Wage and hour information
Workplace safety regulations
Workers’ compensation information
Employer resources
Employee rights information

California Division of Occupational Safety and Health (Cal/OSHA)

Main Contact: Website: https://www.dir.ca.gov/dosh/

Services:

Workplace safety enforcement
Safety inspections
Complaint investigation
Safety training and consultation
Regulations and standards

File Safety Complaint: Online: https://www.dir.ca.gov/dosh/Complaint.htm Phone: Contact nearest district office

District Offices: Cal/OSHA maintains offices throughout California. Find nearest office: https://www.dir.ca.gov/dosh/districtoffices.htm

California Employment Development Department (EDD)

Contact: Phone: 1-800-300-5616 Website: https://edd.ca.gov/

Services:

Unemployment Insurance
Disability Insurance
Paid Family Leave
New hire reporting
Payroll tax information

California Division of Workers’ Compensation

Contact: Phone: 1-800-736-7401 Website: https://www.dir.ca.gov/dwc/

Services:

Workers’ compensation information
Claim filing assistance
Dispute resolution
Medical provider network information

10.2 Federal Government Agencies

U.S. Equal Employment Opportunity Commission (EEOC)

National Contact Center: Phone: 1-800-669-4000 TTY: 1-800-669-6820 Website: https://www.eeoc.gov/

California EEOC Field Offices:

Los Angeles District Office 255 E. Temple Street, 4th Floor Los Angeles, CA 90012 Phone: 1-800-669-4000

San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105 Phone: 1-800-669-4000

San Diego Local Office Civic Center Plaza 401 B Street, Suite 1550 San Diego, CA 92101 Phone: 1-800-669-4000

Fresno Local Office 1265 W. Shaw Avenue, Suite 103 Fresno, CA 93711 Phone: 1-800-669-4000

San Jose Local Office 96 North 3rd Street, Suite 250 San Jose, CA 95112 Phone: 1-800-669-4000

Oakland Local Office 1301 Clay Street, Suite 1170-N Oakland, CA 94612-5217 Phone: 1-800-669-4000

Services:

Federal discrimination charge filing
Investigation of discrimination complaints
Mediation services
Litigation
Public education

File Charge: https://www.eeoc.gov/how-file-charge-employment-discrimination

U.S. Department of Labor (DOL)

National Contact Center: Phone: 1-866-4-USA-DOL (1-866-487-2365) Website: https://www.dol.gov/

Wage and Hour Division: Phone: 1-866-4-USWAGE (1-866-487-9243) Website: https://www.dol.gov/agencies/whd

California WHD District Offices:

San Francisco District Office 90 7th Street, Suite 18-100 San Francisco, CA 94103 Phone: (415) 625-2630

Los Angeles District Office 915 Wilshire Blvd, Suite 1020 Los Angeles, CA 90017 Phone: (213) 534-6405

San Diego District Office 9825 Farnham Street, Suite 200 San Diego, CA 92123 Phone: (619) 557-6353

U.S. Occupational Safety and Health Administration (OSHA)

Region 9 (California, Arizona, Nevada, Hawaii) 90 7th Street, Suite 18-100 San Francisco, CA 94103 Phone: (415) 625-2547 Website: https://www.osha.gov/

File Complaint: 1-800-321-OSHA (6742) Online: https://www.osha.gov/workers/file-complaint

National Labor Relations Board (NLRB)

Region 15 (New Orleans) – Covers California with other regions Website: https://www.nlrb.gov/ Phone: 1-844-762-NLRB (6572)

California Field Offices:

Oakland Regional Office 1301 Clay Street, Suite 300N Oakland, CA 94612-5211 Phone: (510) 637-3300

Los Angeles Regional Office 888 S. Figueroa Street, 9th Floor Los Angeles, CA 90017 Phone: (310) 235-7352

San Francisco Regional Office 901 Market Street, Suite 400 San Francisco, CA 94103 Phone: (415) 356-5130

10.3 Key Publications and Forms

California Forms:

Notice to Employee (Labor Code § 2810.5): https://www.dir.ca.gov/dlse/
Paid Sick Leave Poster: https://www.dir.ca.gov/dlse/paid_sick_leave.htm
Wage Claim Form: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
All Required Posters: https://www.dir.ca.gov/wpnodb.html

Federal Forms:

Form I-9: https://www.uscis.gov/i-9
W-4: https://www.irs.gov/forms-pubs/about-form-w-4
All DOL Posters: https://www.dol.gov/general/topics/posters

10.4 Legal Assistance Resources

State Bar of California Phone: 1-800-843-9053 Website: https://www.calbar.ca.gov/ Attorney Referral: https://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-Service

Legal Aid Organizations:

California Rural Legal Assistance Website: https://www.crla.org/

Legal Aid at Work Phone: (415) 864-8848 Website: https://legalaidatwork.org/ (Employment law assistance)

Legal Aid Foundation of Los Angeles Phone: (800) 399-4529 Website: https://lafla.org/

Bay Area Legal Aid Phone: (800) 551-5554 Website: https://baylegal.org/

Neighborhood Legal Services of Los Angeles County Phone: (800) 433-6251 Website: https://nlsla.org/

Law Foundation of Silicon Valley Phone: (408) 280-2424 Website: https://lawfoundation.org/

10.5 Additional Resources

UC Berkeley Labor Center Research and resources on California labor issues Website: https://laborcenter.berkeley.edu/ Note: University of California is a public state university system

10.6 Staying Informed About Law Changes

Subscribe to Updates:

California Labor & Workforce Development Agency: https://www.labor.ca.gov/

California Department of Industrial Relations: https://www.dir.ca.gov/ Subscribe to email alerts

California Civil Rights Department: https://calcivilrights.ca.gov/ CRD News: https://calcivilrights.ca.gov/crdnews/

California Legislature: Track bills: https://leginfo.legislature.ca.gov/

Professional and Academic Resources:

California Employment Lawyers Association (CELA) – professional bar association
UC Berkeley Labor Center – academic research
Industry-specific associations

Frequently Asked Questions - California Employment Law

Q1: What is employment law in California?

Employment law in California is the body of laws, regulations, and judicial decisions that govern the relationship between employers and employees in the state. It encompasses state laws (primarily the California Labor Code and Fair Employment and Housing Act) and federal laws (such as the Fair Labor Standards Act and Title VII of the Civil Rights Act). California employment law covers wages and hours, discrimination and harassment protections, workplace safety, employee benefits, hiring and termination procedures, and many other aspects of the employment relationship.

Primary Sources: California Labor Code, California Government Code (FEHA), federal statutes
Enforcing Agencies: California Labor Commissioner, California Civil Rights Department, U.S. Department of Labor, EEOC

Q2: What is the difference between labor law and employment law?

Employment law governs the relationship between individual employees and employers, covering topics like wages, discrimination, and workplace conditions. Labor law specifically addresses the relationship between employers, employees, and labor unions, focusing on collective bargaining, union organizing, and labor-management relations.

Employment law applies to all California workers, while labor law primarily applies to unionized workplaces or workers engaged in union organizing. Employment law issues are handled by agencies like the Labor Commissioner and Civil Rights Department, while labor law matters typically involve the National Labor Relations Board (NLRB) or state agricultural labor relations boards.

Key Distinction: Employment law = individual rights; Labor law = collective rights and union activities

Q3: Is California an at-will employment state?

Yes, California follows the at-will employment doctrine. According to California Labor Code § 2922, “An employment, having no specified term, may be terminated at the will of either party on notice to the other.”

This means employment can generally be terminated by either the employee or employer at any time, with or without cause or advance notice. However, significant exceptions exist:

Major Exceptions:

Terminations that violate public policy
Terminations that breach an implied contract
Terminations that violate the implied covenant of good faith and fair dealing
Terminations that violate state or federal anti-discrimination laws
Terminations in retaliation for protected activity

Source: California Labor Code § 2922
Official Text: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2922

Q4: What is the minimum wage in California in 2026?

As of January 1, 2026, California’s statewide minimum wage is $16.90 per hour for all employers. This applies to all employees not covered by a higher minimum wage specific to an industry or locality.

Industry-Specific Rates:

Fast food restaurant workers: $20.00+ per hour (as of April 1, 2024, subject to adjustment)
Healthcare facility workers: Varies by facility type and date

Local Minimum Wages: Many California cities and counties have enacted higher minimum wages. Employers must pay the highest applicable rate (state, local, or industry-specific).

Source: California Labor Code § 1182.12
Official Information: https://www.dir.ca.gov/dlse/minimum_wage.htm
Effective Date: January 1, 2026

Q5: Does California require overtime pay?

Yes, California has overtime requirements that exceed federal law.

California Overtime Rules:

Time and a half (1.5x regular rate) for:

Hours worked over 8 in a single workday, up to 12 hours
Hours worked over 40 in a workweek
First 8 hours worked on the seventh consecutive day of work in a workweek

Double time (2x regular rate) for:

Hours worked over 12 in a single workday
Hours worked over 8 hours on the seventh consecutive day of work in a workweek

Key Difference from Federal Law: Federal law only requires overtime for hours over 40 per week. California requires daily overtime (over 8 hours per day).

Source: California Labor Code § 510
Agency FAQ: https://www.dir.ca.gov/dlse/faq_overtime.htm

Q6: Are meal breaks and rest breaks required in California?

Yes, California requires both meal breaks and rest breaks for non-exempt employees.

Meal Breaks:

First meal break: At least 30 minutes after 5 hours of work (must start before end of 5th hour)
Second meal break: At least 30 minutes if workday exceeds 10 hours (must start before end of 10th hour)
Must be duty-free
Unpaid (if duty-free)
May be waived in certain circumstances by mutual consent

Rest Breaks:

10-minute paid rest break for every 4 hours worked (or major fraction thereof)
Should be taken in middle of work period when practicable
Must be paid time
Employee must be relieved of all duties

Penalties: If employer fails to provide required break, employee entitled to one additional hour of pay at regular rate for each day break not provided.

Source: California Labor Code § 512 (meal breaks), California IWC Wage Orders (rest breaks)
Agency Information: https://www.dir.ca.gov/dlse/faq_mealperiods.htm and https://www.dir.ca.gov/dlse/faq_restperiods.htm

Q7: What are my rights as an employee in California?

California employees have extensive rights, including:

Wage and Hour Rights:

Minimum wage of at least $16.90/hour
Overtime pay for daily and weekly overtime
Meal and rest breaks
Timely payment of wages
Itemized wage statements
Payment for all hours worked

Anti-Discrimination and Harassment Rights:

Protection from discrimination based on 18+ protected characteristics
Protection from harassment (sexual and other forms)
Right to reasonable accommodation for disabilities, pregnancy, and religious beliefs
Protection from retaliation

Leave Rights:

Paid sick leave (minimum 40 hours or 5 days per year)
Pregnancy disability leave (up to 4 months)
Family and medical leave (federal and state)
Jury duty leave
Voting time

Workplace Safety Rights:

Safe and healthy workplace
Report safety violations without retaliation
Workers’ compensation for injuries

Other Rights:

Reimbursement for work-related expenses
Access to personnel records
Privacy protections

Source: California Labor Code, California Government Code, federal laws

Q8: Can my employer fire me for any reason?

Generally yes, due to at-will employment, but with significant exceptions. Your employer cannot fire you for:

Illegal Reasons:

Discrimination based on protected characteristics (race, sex, age, disability, religion, etc.)
Retaliation for exercising your rights (filing wage claim, reporting safety violations, requesting accommodation)
Reasons that violate public policy (refusing to break the law, performing jury duty)
Taking protected leave (FMLA, CFRA, pregnancy disability leave)
Union organizing or protected concerted activity

Breach of Contract:

If you have an employment contract (written or implied), termination must comply with contract terms

If you believe you were terminated for an illegal reason, you may file a complaint with the California Civil Rights Department (for discrimination/retaliation), Labor Commissioner (for wage-related retaliation), or consult an employment attorney about wrongful termination.

Source: California Labor Code § 2922 (at-will employment); California Government Code § 12940 (discrimination); various other statutes

Q9: How do I file a complaint about discrimination or harassment at work?

File with California Civil Rights Department (CRD):

Online (Preferred): California Civil Rights System: https://ccrs.calcivilrights.ca.gov/s/

By Phone: 800-884-1684 (voice), 800-700-2320 (TTY), or 711 (California Relay Service) Hours: Monday-Friday, 8 AM – 5 PM (Pacific Time)

In Person: Visit CRD office at 651 Bannon Street, Suite 200, Sacramento, CA 95811, or any regional office

By Mail: Write to address above with detailed description

Time Limit: Must file within 3 years of last discriminatory act

Dual Filing: Filing with CRD automatically files with federal EEOC, preserving rights under both state and federal law.

Process: CRD investigates complaint, may facilitate settlement, and can file lawsuit if reasonable cause found. You may also request Right-to-Sue notice to file private lawsuit.

Source: California Civil Rights Department
Information: https://calcivilrights.ca.gov/complaintprocess/how-to-file-a-complaint/

Q10: Can I request to work remotely as a reasonable accommodation?

Possibly. Remote work may be required as a reasonable accommodation for a disability if:

You have a disability under California or federal law
You request accommodation
Remote work would be effective accommodation
Your essential job functions can be performed remotely
Remote work does not impose undue hardship on employer

Process:

Request accommodation, explaining how disability affects your ability to work in office
Provide medical documentation if requested
Engage in interactive process with employer
Employer must consider remote work among accommodation options
If employer denies, must show undue hardship or that in-person work is essential function

Important: California does not have general right to request remote work outside of accommodation context (unlike some jurisdictions). However, remote work as disability accommodation is protected.

Source: California Government Code § 12940(m)
CRD Information: https://calcivilrights.ca.gov/

Q11: What are the main obligations of employers in California?

California employers have numerous legal obligations, including:

Wage and Hour Obligations:

Pay at least minimum wage ($16.90/hour statewide in 2026)
Pay overtime for daily and weekly overtime
Provide meal and rest breaks
Pay wages on regular paydays
Provide itemized wage statements
Pay final wages on time upon termination

Anti-Discrimination Obligations:

Prohibit discrimination and harassment
Provide harassment prevention training
Respond to complaints promptly
Provide reasonable accommodations
Prevent retaliation

Leave Obligations:

Provide paid sick leave
Provide pregnancy disability leave
Comply with FMLA/CFRA leave requirements

Posting and Notice Obligations:

Display required state and federal posters
Provide notice to new hires
Report new hires to EDD

Recordkeeping Obligations:

Maintain accurate wage and hour records (4 years)
Maintain personnel files
Allow employee access to records

Safety Obligations:

Provide safe workplace
Comply with Cal/OSHA regulations
Maintain workers’ compensation insurance
Report workplace injuries

Source: California Labor Code, Government Code, federal laws

Q12: What workplace posters are California employers required to display?

State-Required Posters:

Minimum Wage Order (MW-2026)
Paid Sick Leave Poster
Cal/OSHA Safety and Health Protection
Workers’ Compensation Notice
California Law Prohibits Workplace Discrimination and Harassment
Unemployment Insurance, State Disability Insurance, Paid Family Leave (if applicable)
Payday Notice
Emergency Contact Information (2026 requirement)

Federal-Required Posters:

Fair Labor Standards Act
Equal Employment Opportunity is the Law
Employee Polygraph Protection Act
Job Safety and Health (OSHA)
Your Rights Under USERRA
Family and Medical Leave Act (employers with 50+ employees)
Employee Rights Under NLRA

Where to Get:

State posters: https://www.dir.ca.gov/wpnodb.html
Federal posters: https://www.dol.gov/general/topics/posters

Display Requirements:

Post in conspicuous location
Where employees can easily read
In languages spoken by workforce
Update as laws change

Q13: How long must California employers keep employee records?

Wage and Hour Records: At least 4 years

Employee names, addresses, occupations
Time records showing hours worked
Wage rates and wages paid
Deductions and net wages
Dates of pay periods

Payroll Records: At least 3 years

Personnel Records: At least 4 years (longer if litigation pending)

Employment applications
Performance evaluations
Disciplinary records
Termination records

Form I-9: 3 years from date of hire OR 1 year after employment ends, whichever is later

Workers’ Compensation Records: At least 5 years

OSHA Injury/Illness Logs: At least 5 years

Tax Records: Generally 4 years (IRS requirement)

Source: California Labor Code § 1174, § 226; federal regulations
Available at: https://leginfo.legislature.ca.gov/

Q14: Does California require employers to provide paid sick leave?

Yes. California law requires most employers to provide paid sick leave to employees.

Eligibility: Employees who work in California for 30 or more days within a year

Accrual: At least 1 hour for every 30 hours worked

Amount Available: Minimum 40 hours (or 5 days) per year

Usage Cap: Employers may limit use to 40 hours (or 5 days) per year

Carryover: Unused sick leave must carry over to following year (though accrual may be capped at 80 hours/10 days)

Permitted Uses:

Employee’s or family member’s illness or medical care
Domestic violence, sexual assault, or stalking services
Jury duty
Court appearances (as of January 1, 2026)
Certain crime victim proceedings (as of January 1, 2026)

Rate of Pay: Employee’s regular rate

Source: California Labor Code § 246 et seq.
Information: https://www.dir.ca.gov/dlse/paid_sick_leave.htm

Q15: What protections exist for remote workers in California?

Remote workers in California have the same employment law protections as on-site workers:

Wage and Hour Protections:

Minimum wage applies
Overtime rules apply
Meal and rest break requirements apply
Employer must reimburse work-related expenses (internet, phone, supplies)

Anti-Discrimination Protections:

All FEHA protections apply
Harassment prohibitions apply (including virtual harassment)
Accommodation requirements apply
Retaliation protections apply

Leave Rights:

Paid sick leave
Pregnancy disability leave
FMLA/CFRA leave
Other leave rights

Workers’ Compensation:

Coverage applies to injuries arising from remote work

Key Employer Obligation: Employers must reimburse remote employees for all necessary work-related expenses under California Labor Code § 2802.

No General Right to Remote Work: California does not provide general right to request remote work, except as reasonable accommodation for disability or other protected reason.

Source: California Labor Code § 2802; other employment statutes
Information: https://www.dir.ca.gov/

Q16: How do I know if I’m classified correctly as exempt or non-exempt?

Non-Exempt Employees:

Entitled to minimum wage
Entitled to overtime pay
Entitled to meal and rest breaks
Must receive overtime for hours over 8/day or 40/week

Exempt Employees:

Not entitled to overtime pay
Subject to different meal break rules
Must meet both salary and duties tests

Common Exemptions:

Executive, Administrative, Professional: Must meet BOTH tests:

Salary: At least $70,304/year (as of January 1, 2026)
Duties: Primary duties must be executive, administrative, or professional as defined by regulations

Computer Software Employees: Must earn:

At least $58.85/hour, OR
At least $10,214.44/month, OR
At least $122,573.13/year AND perform specified computer professional duties

Outside Sales:

Regularly works away from employer’s place of business
Primarily engaged in making sales

Misclassification Consequences: If misclassified as exempt, you may be entitled to:

Unpaid overtime wages
Meal and rest break premiums
Penalties and interest
Attorney’s fees

To Challenge Classification: File wage claim with Labor Commissioner or consult employment attorney.

Source: California Labor Code § 515, § 515.5; IWC Wage Orders
Information: https://www.dir.ca.gov/dlse/

Q17: Can my employer monitor my computer or communications?

California law provides some privacy protections, but employers generally have broad authority to monitor work-related computer use and communications.

General Rule: Employers may monitor:

Work email and computer use
Internet activity on company devices or networks
Work phone calls (with notice)
Video surveillance in workplace (with limitations)

Limitations:

Cannot monitor bathroom or changing areas
Certain expectations of privacy may be protected
Penal Code § 631 prohibits eavesdropping on confidential communications
Electronic Communications Privacy Act provides some protections

Common Employer Practice: Employers typically have clear written policies about monitoring and provide notice to employees.

Employee Rights:

Right to know about monitoring
Privacy in personal effects (purses, briefcases)
Off-duty conduct privacy (Labor Code § 96(k))

Source: California Penal Code § 631; California Constitution Article I, § 1; Labor Code § 96(k)

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

California Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

What This Guide Covers

Official Sources

Employment Law Framework in California

1.1 At-Will Employment Doctrine

What At-Will Employment Means

Exceptions to At-Will Employment

1.2 Employment Law vs. Labor Law: Understanding the Distinction

Employment Law

Labor Law

Comparison Table

When Each Applies

1.3 California’s Labor Code Structure

1.4 Right-to-Work Status

Employee Rights in California

2.1 Wage and Hour Rights

Minimum Wage (2026)

Local Minimum Wages

Industry-Specific Minimum Wages

Overtime Requirements

Overtime Exemptions

Meal Break Requirements

Rest Break Requirements

Final Paycheck Requirements

Employee Rights Summary

2.2 Paid Sick Leave Rights

Eligibility

Accrual and Availability

Annual Caps

Carryover

Permitted Uses of Paid Sick Leave

Definition of Family Member

Rate of Pay

Notice and Posting Requirements

Anti-Retaliation Protections

Enforcement

Discrimination and Harassment Laws

3.1 Overview of Anti-Discrimination Protections

3.2 Protected Classes

California State Protected Classes

Federal Protected Classes

Comparison: California vs. Federal Protections

3.3 Types of Prohibited Discrimination

3.4 Sexual Harassment

Definition and Types

Two Categories of Sexual Harassment

Employer Liability Standards

Prevention and Response Obligations

Mandatory Harassment Prevention Training

Retaliation Prohibition

3.5 Other Forms of Unlawful Harassment

3.6 Enforcement and Remedies

Filing a Complaint with CRD

CRD Complaint Process

Right-to-Sue Notice

Available Remedies

Reasonable Accommodations

4.1 Disability Accommodation Requirements

4.2 The Interactive Process

4.3 Types of Reasonable Accommodations

4.4 Undue Hardship Exception

4.5 Religious Accommodations

4.6 Pregnancy Accommodation

4.7 Requesting Accommodation

Employer Obligations in California

5.1 Required Workplace Postings

State-Required Posters

Federal Required Posters

Posting Requirements

5.2 New Hire Reporting

5.3 Recordkeeping Requirements

Wage and Hour Records

Personnel Records

Other Record Retention Requirements

5.4 Form I-9 and E-Verify

Form I-9 Requirements

E-Verify