At-Will Employment: California presumes employment is "at-will," meaning employers can generally terminate employment at any time, for any reason (or no reason), without cause.
Important exceptions to at-will employment:
California has one of the highest minimum wages in the nation. As of 2026:
Many cities and counties have higher local minimums. Check with your local city or county.
California has some of the strictest overtime laws in the country. You are entitled to overtime pay unless you are exempt.
Overtime exemptions are narrow: Executive, administrative, professional, computer professional, and outside salesperson exemptions exist. Employers bear the burden of proving the exemption applies. Whether an exemption applies depends on actual job duties, not job title. Consult an employment attorney if you are unsure whether you are correctly classified as exempt.
You have a right to paid breaks. These must be paid time at your regular wage.
Important: Employers cannot take deductions from your paycheck or require you to work through breaks. If breaks are not provided, you are entitled to one hour's pay at your regular wage per day.
California requires employers to provide paid sick leave:
You cannot be discriminated against or retaliated against for using paid sick leave.
You may be entitled to unpaid, job-protected leave for qualifying reasons:
Note: You must notify your employer of the need for leave as soon as possible. Employers cannot retaliate for requesting or taking CFRA/FMLA leave.
California's Fair Employment and Housing Act (FEHA) prohibits discrimination based on:
Discrimination is illegal in: Hiring, firing, compensation, benefits, assignments, promotions, layoffs, and all working conditions.
You have the right to work free from harassment. Harassment based on a protected characteristic is illegal. Employer obligations:
Sexual harassment is a form of sex discrimination. Report harassment to your employer's HR or management immediately. Complaints may also be filed with the California Civil Rights Department (CRD).
You are protected from retaliation for:
Retaliation can include: Termination, demotion, reduced hours, wage cuts, negative evaluations, poor assignments, or any other adverse action. Report retaliation to your employer and government agencies.
You have a right to file a workers' compensation claim if you are injured at work or suffer a work-related illness. Benefits include:
Employer retaliation for filing a workers' compensation claim is illegal. You cannot be terminated, demoted, or discriminated against for filing a claim. Report retaliation to the California Division of Workers' Compensation.
When employment ends, you have strict rights to your final paycheck:
Final paycheck must include: All earned wages, accrued paid sick leave (paid out at regular wage or minimum wage, whichever is higher), accrued vacation (in most cases), and any other unpaid compensation. It cannot include illegal deductions.
Under California Labor Code § 1198.5, you have the right to:
Your employer must provide access within 30 days of your request. Personnel files are generally kept separate from medical or workers' compensation records.
California Business & Professions Code § 16600 prohibits non-compete agreements: Your employer generally cannot restrict your ability to work for a competitor or start a competing business after employment ends. Exceptions exist for:
Non-solicitation and confidentiality agreements may be enforceable if reasonable in scope and duration. Consult an attorney if your employer restricts your post-employment activities.
Under California Labor Code § 1102.5, you are protected if you:
Retaliation for whistleblowing is illegal. Employers cannot terminate, threaten, demote, or discriminate against whistleblowers. Internal reporting is encouraged, but you can also report directly to government agencies (OSHA, Cal/OSHA, DOL, etc.) or law enforcement.
California's pay transparency law (SB 1162) requires:
Equal pay claims: Can be filed with the CRD or in court. Statute of limitations is often 2-3 years from the last unequal paycheck.
Missing these deadlines may forfeit your rights. Act quickly if you believe your rights have been violated.
Administrative complaints with the California Civil Rights Department (CRD) may be filed within 3 years from the date of alleged violation.
300 days from the date of alleged violation to file a charge with the EEOC (when filing with CRD is possible). Shorter if no state agency.
3 years (for willful violations) or 2 years (for non-willful violations) from the date wages were owed. Can be extended to 4 years in some cases.
2 years from the date of termination to file a civil lawsuit (can be extended to 4 years in some cases).
1 year from the date of the right-to-sue notice to file a civil lawsuit in California Superior Court.
90 days from the date of the right-to-sue notice to file a civil lawsuit in federal court.
If you believe your workplace rights have been violated, you have several resources available:
| Agency | Jurisdiction | Website |
|---|---|---|
| California Civil Rights Department (CRD) | Discrimination, harassment, retaliation (California law) | calcivilrights.ca.gov |
| California Labor Commissioner's Office (DLSE) | Wage claims, breaks, minimum wage, final paychecks | dir.ca.gov/dlse |
| California Division of Workers' Compensation | Workplace injuries and occupational illnesses | dir.ca.gov/dwc |
| U.S. Equal Employment Opportunity Commission (EEOC) | Federal discrimination claims (Title VII, ADA, ADEA, GINA) | eeoc.gov |
| Cal/OSHA | Workplace safety violations and hazards | dir.ca.gov/calosha |
| Wiser Workplace | Free confidential workplace concerns, mediation | wiserworkplace.com |
Use this checklist to assess your workplace situation:
If you cannot check all these boxes, take time to learn about your rights or speak with a qualified employment attorney or employee advocacy organization.