California Employment Law

California's primary anti-discrimination statute and one of the most comprehensive employment discrimination laws in the United States. Covers employers with 5 or more employees for discrimination claims and 1 or more for harassment claims. Protects more classes than any federal statute and provides unlimited compensatory and punitive damages.

California's state version of the federal WARN Act requiring employers with 75 or more employees to provide 60 days' advance notice before mass layoffs, relocations, or plant closures. Broader than the federal WARN Act in several respects, including a lower employee threshold and broader definition of covered events.

Prohibits employers from paying employees less than employees of the opposite sex, or of another race or ethnicity, for substantially similar work. One of the strongest equal pay laws in the nation, requiring employers to demonstrate that pay differentials are based on legitimate, non-discriminatory factors.

Provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for family and medical reasons. Broader than the federal FMLA in several respects, including a lower employer threshold (5 employees vs. 50) and expanded family member definitions covering domestic partners, siblings, and grandparents.

One of the strongest whistleblower protection statutes in the nation. Prohibits employers from retaliating against employees who disclose information to a government or law enforcement agency, or to a supervisor or other employee with authority, about conduct the employee reasonably believes violates a state or federal statute, rule, or regulation.

Prohibits employers from discriminating against or retaliating against employees who file or intend to file a workers' compensation claim, or who testify in another employee's workers' compensation proceeding. Makes it a misdemeanor for an employer to engage in such retaliation.

Allows aggrieved employees to bring civil actions on behalf of themselves and other current or former employees to recover civil penalties for Labor Code violations. Effectively permits employees to act as private attorneys general to enforce the Labor Code when state agencies lack resources to do so.

Codifies the strict ABC test for determining independent contractor status. A worker is presumed an employee unless: (A) free from control, (B) performing work outside the usual course of the hiring entity's business, and (C) customarily engaged in independent trade. Misclassified workers can recover wages, overtime, expenses, and benefits.

Prohibits employers with 5+ employees from inquiring about criminal history before a conditional job offer; restricts adverse action based on criminal history without individualized assessment, written notice, and opportunity to respond.

Effective Jan. 1, 2024 expansion: provides at least 40 hours / 5 days of paid sick leave per year. Accrual at 1 hour per 30 hours worked. Usable for employee's or family member's diagnosis, care, or treatment of health condition; preventive care; victims of domestic violence, sexual assault, or stalking. Anti-retaliation provision.

Requires 30-min unpaid meal break for shifts over 5 hours; second meal break for shifts over 10 hours. Paid 10-min rest breaks for every 4 hours worked. Premium pay of 1 hour at regular rate per missed meal/rest period.

Sets state minimum wage above federal. As of Jan. 1, 2024, $16.00/hour for all employers (with industry-specific higher minimums for fast food workers $20/hr and certain health care workers). Annual CPI increases.

Overtime at 1.5x regular rate for hours over 8 in a day or 40 in a week, and for first 8 hours on the 7th consecutive workday. Double-time for hours over 12 in a day or over 8 on the 7th consecutive workday. Stricter than FLSA.

Final wages must be paid immediately on involuntary discharge; within 72 hours on voluntary quit (or immediately if 72+ hours notice given). Failure triggers waiting-time penalties: continuation of wages at the daily rate up to 30 days.

Provides up to 4 months of unpaid, job-protected leave for employees disabled by pregnancy, childbirth, or related conditions. Distinct from CFRA — runs separately and may stack. Requires reasonable accommodation and transfer to less strenuous duties when medically advisable.

The San Francisco Fair Chance Ordinance prohibits employers with 5 or more employees from inquiring about an applicant's criminal history before making a conditional offer of employment. It was one of the first ban-the-box laws in the nation and goes beyond California's statewide Fair Chance Act in several respects, including its lower employer threshold.

The San Francisco Family Friendly Workplace Ordinance grants employees at businesses with 20 or more employees the right to request flexible or predictable working arrangements to assist with caregiving responsibilities. Employers must engage in an interactive process and may only deny requests for bona fide business reasons.

The San Francisco Paid Parental Leave Ordinance requires employers with 20 or more employees to provide supplemental compensation to employees on parental leave, topping up California's Paid Family Leave benefits to reach 100% of the employee's normal weekly wage for up to 8 weeks. San Francisco was the first US city to mandate fully paid parental leave.

The Los Angeles Fair Work Week Ordinance requires retail employers with 300 or more employees globally to provide predictive scheduling to their workers in the city of Los Angeles. Employers must provide good faith estimates of work schedules and compensate employees for last-minute schedule changes. The ordinance aims to address the instability of on-call and just-in-time scheduling practices.

The Los Angeles Fair Chance Initiative for Hiring is a ban-the-box ordinance that prohibits private employers with 10 or more employees from inquiring about an applicant's criminal history until a conditional offer of employment has been made. The ordinance requires an individualized assessment and written notice process before an employer may withdraw a conditional offer based on criminal history.

The Los Angeles Minimum Wage Ordinance establishes a local minimum wage that applies to all employers within the city limits, regardless of size. The ordinance sets a minimum wage that exceeds the California state minimum and includes annual cost-of-living adjustments. It also provides for paid sick leave requirements beyond the state minimum.

Requires employers to provide paid sick leave to employees who work at least 2 hours per week in San Diego. Employees earn 1 hour of sick leave per 30 hours worked.

The San Jose Opportunity to Work Ordinance requires employers with 36 or more employees to offer additional hours of work to existing part-time employees before hiring new employees or subcontractors. Designed to address involuntary part-time employment.