California Employment Law

California provides the strongest employment protections in the nation. FEHA covers employers with 5+ employees (1+ for harassment) with a 3-year filing deadline and no cap on damages. Includes CFRA, PAGA, and extensive wage protections.

At-Will

Yes

Right-to-Work

No

EEOC Deferral

300 days

Min. Wage

$16.90

California State Laws (7)

FEHA

Cal. Gov. Code §§ 12900-12996

1095 days
5+ employees

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.

Protected Classes

racecolorreligionsexgendergender identitygender expressionsexual orientationmarital statusnational originancestrymental and physical disabilitymedical conditionage (40+)genetic informationmilitary and veteran statusreproductive health decision-making

Key Provisions

  • Broadest list of protected classes of any state — includes gender identity, gender expression, reproductive health decision-making
  • Harassment claims have no minimum employee threshold (1+ employee)
  • 3-year statute of limitations for filing administrative complaints
  • No cap on compensatory or punitive damages
  • Requires employers to take reasonable steps to prevent and correct harassment
  • Covers all aspects of employment including hiring, firing, promotion, and compensation
  • Right-to-sue letter can be requested immediately from CRD

Remedies

Unlimited compensatory damagesUnlimited punitive damagesBack pay and front payReinstatementInjunctive reliefAttorney fees and costsEmotional distress damages

Cal-WARN

Cal. Lab. Code §§ 1400-1408

days
75+ employees

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.

Key Provisions

  • Requires 60 days advance written notice of mass layoffs, relocations, or terminations
  • Lower threshold than federal WARN (75 employees vs. 100)
  • Broader definition of covered layoff events than federal WARN
  • No exception for unforeseeable business circumstances (unlike federal WARN)
  • Employees may sue directly for damages without filing an administrative complaint

Remedies

Back pay for each day of violation (up to 60 days)Value of lost benefits for each day of violationCivil penalties of $500 per day to local governmentAttorney fees and costs
File with: Private lawsuit or Employment Development Department notificationPrivate right of action; no specific administrative filing deadline

CA Equal Pay

Cal. Lab. Code § 1197.5

days
1+ employees

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.

Protected Classes

sexraceethnicity

Key Provisions

  • Prohibits pay disparities based on sex, race, or ethnicity for substantially similar work
  • Employers bear the burden of proving pay differences are due to legitimate factors
  • Prohibits employers from asking about applicants' salary history
  • Requires employers to provide pay scale information to applicants upon request
  • Protects employees from retaliation for discussing or inquiring about wages

Remedies

Unpaid wages and interestLiquidated damages equal to unpaid wagesAttorney fees and costsInjunctive relief
File with: California Labor Commissioner or private lawsuit2 years (3 years for willful violations)

CFRA

Cal. Gov. Code § 12945.2

1095 days
5+ employees

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.

Key Provisions

  • Provides 12 weeks of unpaid, job-protected leave for qualifying reasons
  • Covers a broader range of family members than FMLA (domestic partners, siblings, grandparents)
  • Employer threshold is 5 employees (FMLA requires 50)
  • Leave for the birth, adoption, or foster placement of a child
  • Leave for employee's own serious health condition or to care for a family member
  • Prohibits retaliation against employees who request or take CFRA leave

Remedies

Reinstatement to same or comparable positionBack pay and front payCompensatory damagesAttorney fees and costsInjunctive relief
File with: California Civil Rights Department (CRD)3 years (filed with CRD as part of FEHA)

CA Whistleblower

Cal. Lab. Code § 1102.5

days
1+ employees

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.

Key Provisions

  • Prohibits retaliation for reporting suspected legal violations to any government body
  • Also protects internal disclosures to supervisors or employees with authority
  • Covers refusal to participate in activities that would violate law
  • Creates a rebuttable presumption of retaliation if adverse action occurs within 90 days
  • No minimum employer size — applies to all employers
  • Provides for both administrative remedies and private lawsuits

Remedies

ReinstatementBack payLost benefitsCompensatory damagesPunitive damagesAttorney fees and costsCivil penalty up to $10,000 per violation

CA LC 132a

Cal. Lab. Code § 132a

365 days
1+ employees

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.

Key Provisions

  • Prohibits retaliation for filing or intending to file a workers' compensation claim
  • Protects employees who testify in workers' compensation proceedings
  • Employer retaliation is a misdemeanor offense
  • Claims filed through the Workers' Compensation Appeals Board
  • Provides for increased compensation as a penalty for employer misconduct

Remedies

ReinstatementBack pay and lost benefitsIncreased compensation up to $10,000Costs and expenses up to $250Employer may be charged with a misdemeanor

PAGA

Cal. Lab. Code §§ 2698-2699.8

365 days
1+ employees

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.

Key Provisions

  • Allows employees to sue on behalf of the State of California for Labor Code violations
  • Requires pre-suit notice to both the employer and the Labor and Workforce Development Agency
  • Penalties accrue per employee, per pay period for each violation
  • Representative action — one employee can pursue claims on behalf of all affected employees
  • Cannot waive PAGA claims in pre-dispute arbitration agreements (per Iskanian, modified by Viking River)
  • Covers virtually any Labor Code violation

Remedies

Civil penalties ($100 per employee per pay period for initial violations)Civil penalties ($200 per employee per pay period for subsequent violations)Attorney fees and costsPenalties split 75% to LWDA and 25% to aggrieved employees

Local Ordinances in California (8)

San Francisco

SF FCO

S.F. Police Code Art. 49

days
5+ employees

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.

Protected Classes

arrest/conviction record
San Francisco

SF FFWO

S.F. Admin. Code Ch. 12Z

days
20+ employees

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.

Protected Classes

caregiver statusfamilial status
San Francisco

SF PPLO

S.F. Admin. Code Ch. 12W

days
20+ employees

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.

Protected Classes

parental status
Los Angeles

LA FWWO

LAMC §§ 188.01-188.09

days
300+ employees

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.

Los Angeles

LA Fair Chance

LAMC § 189

days
10+ employees

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.

Protected Classes

criminal history/conviction record
Los Angeles

LA Min Wage

LAMC § 187

days
1+ employees

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.

San Diego

SD Earned Sick Leave

San Diego Municipal Code Ch. 3, Art. 9, Div. 1

365 days
1+ employees

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.

Protected Classes

all employees working 2+ hours per week in San Diego
San Jose

San Jose OTW

San Jose Municipal Code Ch. 4.101

days
36+ employees

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.

Federal Laws That Apply in California

These federal statutes protect workers nationwide, including in California. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Check which laws apply to your situation in California

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.California laws are subject to legislative changes. Consult a qualified employment attorney in California for advice about your specific situation. Last reviewed: February 2025.