California Worker Rights
California has some of the strongest worker protections in the country. If you work in California, these rules are on top of federal law.
- California
Pay
- Minimum wage: one of the highest state minimums, adjusted every year, and many cities set higher rates. Check the DIR website for the current amount.
- Daily overtime: 1.5x after 8 hours in a workday or 40 in a week, and for the first 8 hours on the 7th consecutive workday in a week. Double time after 12 hours in a day, and after 8 hours on the 7th consecutive day.
- Pay stubs (itemized wage statements) must show hours, rates and deductions.
- Final pay: due immediately if you’re fired or laid off; within 72 hours if you quit without notice, or on your last day if you gave 72 hours’ notice. Late final pay can earn “waiting time penalties” of up to 30 days’ wages.
- Prevailing wage applies to most public works, enforced by the Department of Industrial Relations (DIR).
Breaks
- 30-minute meal break before the end of the 5th hour, and a second one for shifts over 10 hours (some can be waived).
- 10-minute paid rest break for every 4 hours worked (or major fraction).
- If a required break isn’t provided, the employer owes one extra hour of pay per day for missed meal breaks, and one for missed rest breaks.
- Outdoor workers also get cool-down rest under the heat illness rule. See Cal/OSHA.
Leave
- Paid sick leave: at least 40 hours or 5 days per year.
- State Disability Insurance and Paid Family Leave pay partial wages for your own disability or to care for family or bond with a new child.
- CFRA gives job-protected family leave to employees of employers with 5+ workers.
Employee status
California uses the ABC test (AB 5) to decide if a worker is an employee. There is a construction-specific subcontractor exemption, but it has strict requirements, including a valid contractor’s license. See Misclassification.
Where to file
- Wage claims: California Labor Commissioner’s Office (DLSE)
- Safety: Cal/OSHA
- Discrimination: Civil Rights Department (CRD)
Standards & references
Last updated: