California Employment Law Guide: Know Your Rights as an Employee

Part 1: Introduction

California has some of the most robust employment laws in the nation, designed to protect employees from unfair treatment and unsafe working conditions. Understanding these laws is crucial if you’re facing issues at work – whether it’s unpaid wages, harassment, or a sudden termination. In California, most workers are at-will employees, meaning your employer can terminate you for almost any reason or no reason at all. However, this doctrine has important limits: an employer cannot fire you for an illegal reason, such as discrimination or retaliation, and doing so could give rise to a wrongful termination claim. State agencies actively enforce workers’ rights; for example, the California Labor Commissioner’s Office “combats wage theft and unfair competition by investigating allegations of illegal and unfair business practices” (dir.ca.gov). Likewise, the California Civil Rights Department (CRD) – formerly the Department of Fair Employment and Housing (DFEH) – investigates workplace discrimination and harassment complaints.

This guide provides an overview of key areas of California employment law as of April 29, 2025, focused on employee rights. We’ll cover common workplace issues and the laws addressing them, including at-will employment and its exceptions, wage and hour rules, discrimination and harassment protections, retaliation and whistleblower laws, leave entitlements, and how to pursue a complaint. The information is current under California law (such as the Labor Code and Fair Employment and Housing Act) and relevant federal laws. Our aim is to help you, as a California employee, understand your rights and options when dealing with workplace problems. However, if you are facing a wrongful termination, sexual harassment, or any other type of employment issue, you should strongly consider speaking with an employment lawyer about your case.

I. Common Types of Employment Law Issues in California

Employees in California frequently encounter a range of workplace legal issues. Below are some of the most common problems and disputes that can arise on the job:

Wage and Hour Violations (Wage Theft): This includes being paid below the legal minimum wage, not receiving overtime pay for extra hours, being denied meal or rest breaks, or other unfair pay practices. Employers who underpay or force employees to work off-the-clock are engaging in “wage theft,” which is illegal (in fact, California has a “Wage Theft Is a Crime” campaign to encourage workers to report violations (dir.ca.gov).
Discrimination: Unlawful treatment of an employee or job applicant because of a protected characteristic such as race, gender, age, religion, disability, or other traits (we’ll detail all protected categories under California law in Section IV). Discrimination can affect hiring, promotions, pay, job assignments, or termination decisions (calcivilrights.ca.gov) (calcivilrights.ca.gov).
Harassment: Unwanted conduct or a hostile work environment targeted at an employee based on protected traits – for example, sexual harassment or racial slurs. California law strictly prohibits workplace harassment and holds employers accountable for preventing and addressing it.
Wrongful Termination: Being fired or forced to quit for an unlawful reason. Even though California is an at-will state, if you are terminated for discriminatory reasons, for reporting legal violations, for exercising your legal rights, or in violation of an employment contract or public policy, it may be a wrongful termination (more on at-will limits in Section II).
Retaliation: Punishment or adverse actions taken by an employer because an employee complained about unlawful conduct or asserted their rights. For instance, demoting or firing someone because they reported harassment, wage violations, or unsafe conditions is illegal retaliation.
Leave Violations: Denial of rightful leave or benefits. This can include refusing legally mandated sick leave or family medical leave, or firing someone for taking protected leave (such as time off for a serious health condition, bonding with a new child, or military service). California provides strong leave entitlements (see Section VI), and employers cannot retaliate against you for using them.
Other Common Issues: Misclassification of employees as independent contractors or as “exempt” salaried employees (to avoid paying overtime or benefits), unsafe workplace conditions (violating health and safety laws), and violations of privacy or rest and meal period rights.

If you believe you’re experiencing any of these issues, it’s important to know that California law offers protections and remedies. In the following sections, we break down each of these categories in detail – explaining the laws that apply and what rights you have as an employee.

Part II: California’s At-Will Employment Doctrine and Its Limits

California is an “at-will” employment state, which means that in general, an employer may terminate an employee at any time, for any reason or no reason, without advance notice – and an employee likewise can quit at any time. This rule is codified in California Labor Code § 2922, which presumes that employment with no specified term is at-will. However, at-will employment is not absolute. There are crucial limits and exceptions to the at-will rule under California law that protect employees from wrongful termination.

Illegal Reasons for Termination: Even in an at-will context, an employer cannot fire someone for a reason that violates a law or fundamental public policy. In practice, this means you cannot be terminated because of your membership in a protected class (e.g. due to your race, gender, age, religion, etc.), nor for complaining about discrimination or harassment. You also cannot be fired in retaliation for exercising your rights or reporting wrongdoing. For example, firing an employee for reporting safety violations or unpaid wages would be unlawful. Terminations that violate anti-discrimination statutes (the Fair Employment and Housing Act, Title VII, ADA, etc.) or retaliation laws (such as Labor Code § 1102.5, which protects whistleblowers) are illegal, even if the employment was otherwise at-will.

Wrongful Termination in Violation of Public Policy: California recognizes a legal claim for wrongful termination when an employee is discharged for reasons that contravene fundamental public policy. This often overlaps with statutory protections. For instance, firing an employee because they took legally-protected medical leave, served on a jury, refused to engage in illegal acts, or reported illegal conduct can give rise to a wrongful termination lawsuit. These claims are a key exception to at-will employment – the employer may claim “no cause was needed,” but the law will not permit termination for certain protected activities or characteristics. In short, being an at-will employee does not mean your employer can violate state or federal law in firing you.

Contract and Implied Contract Exceptions: Another limitation to at-will employment occurs if you have an employment contract (written or sometimes implied) that limits the employer’s right to fire. Unionized employees usually work under a collective bargaining agreement that requires “just cause” for discipline or termination, superseding at-will status. Even non-union employees may have offer letters or company policies that create an implied promise of continued employment or specific termination procedures. California courts have found that long-term employees or those given assurances of job security in handbooks or evaluations might, in certain cases, have an implied contract that they will only be fired for good cause. Employers often include at-will disclaimers to avoid this, but it’s a potential exception if strong evidence shows the employer intended an employment relationship other than at-will.

Covenant of Good Faith and Fair Dealing: In California, all contracts include an implied covenant of good faith and fair dealing. However, courts generally do not interpret this covenant to create job security beyond at-will – it cannot be used to override the clear at-will presumption of Labor Code § 2922. (In the past, employees tried to claim a firing was in “bad faith” even if no public policy was violated, but California law does not typically allow a standalone claim for wrongful termination based only on lack of good faith.) The covenant mostly comes into play to prevent employers from firing someone to avoid paying them earned commissions, retirement benefits, or other such bad-faith tactics.

Summary: If you’ve been terminated in California, consider why. If the reason (or the real motive) violates a specific law or public policy – for example, discrimination, retaliation, whistleblowing, refusing illegal orders, or exercising statutory rights – then your at-will status will not shield the employer. Such a firing would be unlawful, and you could have grounds for a wrongful termination claim. On the other hand, if you were let go due to downsizing, performance issues, or even a personality conflict (and not because of a protected characteristic or activity), that is likely permissible under at-will employment. The key takeaway is that at-will employment gives employers flexibility for legitimate personnel decisions, but it does not allow terminations that are prohibited by law or that undermine public policy.

Part III: Wage and Hour Laws: Minimum Wage, Overtime, and Breaks

California’s wage and hour laws are very worker-protective, often exceeding federal standards. Whether you’re a full-time hourly employee, part-time worker, or paid salary, you should be aware of the minimum wage, overtime rules, and meal/rest break rights in our state. Violations of these laws (commonly known as wage theft when employers underpay or deny wages) can be addressed through state enforcement or legal action.

Minimum Wage: As of 2025, California’s minimum wage is $16.50 per hour for all employers, regardless of company size (dir.ca.gov) (dir.ca.gov). (This rate increased from $15.50 in 2023 to $16.00 in 2024, and then to $16.50 effective January 1, 2025 due to an inflation adjustment (dir.ca.gov.) Employers must pay at least the state minimum wage for all hours worked (dir.ca.gov). Some cities and counties in California have even higher local minimum wage ordinances, so the applicable rate could be more depending on where you work. If you are paid less than the required minimum wage, you have the right to recover the unpaid difference, and you should contact the Labor Commissioner’s Office to file a wage claim (dir.ca.gov). Paying below minimum wage is illegal, and employers can face penalties for each underpaid employee.

Overtime Pay: California’s overtime law is stricter than federal law. In general, non-exempt employees (hourly workers and most salaried workers who don’t meet an overtime exemption) are entitled to overtime pay in two scenarios: (1) time-and-a-half pay (1.5 times your regular rate) for all hours worked over 8 hours in a single day and for all hours over 40 in a week, as well as for the first 8 hours on the seventh consecutive day in a workweek (dir.ca.gov) (dir.ca.gov); and (2) double-time pay (2 times your regular rate) for all hours worked over 12 hours in a single day, and for any hours over 8 on the seventh consecutive day of a workweek (dir.ca.gov). In other words, eight hours is considered a normal workday – if you work longer than that in a day, California law requires premium pay for the extra hours. For example, if you work a 10-hour day, you must receive 2 hours at 1.5x pay; if you work a 13-hour day, you’d get 4 hours at 1.5x (hours 9-12) and 1 hour at 2x pay (hour 13). Overtime is also owed for working too many days in a row (after six consecutive days, the seventh day triggers overtime for the first 8 hours and double-time beyond 8). These daily overtime rules are unique to California – by contrast, federal law (FLSA) only requires overtime after 40 hours in a week, but California gives you overtime protection both daily and weekly.

Not all employees are entitled to overtime; exempt employees are the exception. Exempt employees are typically professionals or managers who meet certain job duty criteria and are paid a high enough salary. To be exempt under California’s “white collar” exemptions (executive, administrative, or professional), an employee must perform specific high-level duties and earn a monthly salary equivalent to at least twice the state minimum wage for full-time work (dir.ca.gov). For context, with the $16.50 minimum wage in 2025, an exempt employee generally must earn at least $68,640 per year (which is $5,720 per month) (dir.ca.gov). If a salaried employee’s pay is below that threshold, they generally cannot be classified as exempt and should receive overtime pay for extra hours. Misclassification of employees as exempt (salaried without overtime) when they actually do non-exempt work or earn too little is a common issue – it allows the employer to avoid paying overtime, and it’s unlawful. If you’re labeled as “salaried” but your duties are not primarily executive/professional or your pay is under the minimum, you may be owed overtime like any hourly worker.

Meal and Rest Breaks: California guarantees workers the right to meal periods and paid rest breaks during the workday. These break requirements are a frequent source of violations (e.g., employers not providing breaks or pressuring employees to skip them). Here are the basic rules:

Meal Breaks: If you work more than 5 hours in a day, you must be given an uninterrupted 30-minute meal break by no later than the end of your fifth hour of work. In practical terms, if your shift starts at 8:00 a.m., you need to start your meal break by 1:00 p.m. at the latest. If you work more than 10 hours in a day, you are entitled to a second 30-minute meal break (which should begin by the end of the tenth hour). These meal periods are unpaid breaks (off the clock) as long as you are fully relieved of duty – you should be free to leave the workplace and not required to do any work during the meal period. If your total workday will be no more than 6 hours, the law allows you to mutually agree with your employer to waive (skip) the first meal break. Similarly, the second meal break can be waived if the workday will be no more than 12 hours and you did not waive the first one. Outside of those waiver situations, the employer must provide these meal breaks. They don’t have to force you to eat, but they must relieve you of duties and give you the opportunity to take the full break. If your employer requires you to work through your meal (or not take one), that is a violation.
Rest Breaks: In addition to meal periods, California law requires paid rest periods for most employees. You are entitled to a 10-minute paid rest break for every 4 hours of work (or major fraction thereof). “Major fraction” of 4 hours generally means anything over 2 hours – so, for example, if you work a 7-hour shift, that counts as “more than 4 hours but less than 8,” entitling you to two rest breaks (since 7 hours contains two 4-hour segments if we round up the “major fraction”). The rest break should be taken roughly in the middle of each work period if feasible. If you work at least 3.5 hours in a day, you get rest breaks; if you work less than 3.5 hours, no rest break is required. Rest breaks are on the clock (paid time) – you should not have any pay deducted for taking a rest break, as it’s considered part of your workday. During a rest break, you should be relieved of duties (and shouldn’t be required to stay “on call” or remain at your workstation). For instance, in an 8-hour shift, you’re entitled to two separate 10-minute rest periods, ideally one in the first half of the shift and one in the second half. You can’t be forced to combine them into one 20-minute break or add them onto your meal break – the law wants them spaced out for your benefit.

Break Violations and Penalties: California imposes penalties on employers who fail to provide required breaks. If you are not given a meal period or rest period on schedule, or if the break is cut short by work duties, the law says the employer must pay you a “break premium” of one extra hour of pay at your regular rate for each day a meal or rest break was denied. This is essentially a penalty paid to the employee. For example, if on a certain day you did not get your 30-minute lunch break, you are owed one additional hour of pay. If you also missed a rest break that day, some courts interpret the law as another hour of pay (one for meal, one for rest), though historically it was one hour total per day of violation – recent case law and the Labor Commissioner confirm you can get two premiums if both a meal and a rest break were not provided that day. The statute of limitations for claiming these premiums is three years (since it’s a wage due) (dir.ca.gov). It’s important to note that the employer’s obligation is to authorize and permit breaks – they don’t have to police you to ensure you took it, but they cannot impede or discourage you from taking your breaks. If a workplace is so busy or understaffed that taking breaks is effectively discouraged, that can still be a violation (as the California Supreme Court noted in the Brinker case).

Wage Payment and Other Protections: California has many other wage-and-hour protections. For example, if you quit or are fired, the timing of your final paycheck is regulated – generally, a fired employee must be given all due wages (including unused vacation/PTO if applicable) at the time of termination, and a quitting employee must receive all wages within 72 hours (or immediately if they gave 72+ hours notice). If the employer willfully fails to pay on time, “waiting time” penalties can accrue (up to 30 days of pay as a penalty) under Labor Code §§ 201-203. Another protection is California’s Equal Pay Act, which requires equal pay for substantially similar work regardless of gender, race, or ethnicity, unless differences are based on bona fide factors (like seniority, merit, or production). Employers also must provide itemized wage statements each pay period (Labor Code § 226) detailing your hours, pay rates, and deductions, and must reimburse you for necessary business expenses (e.g. if you must use your personal cell phone or vehicle for work).

In sum, California’s wage and hour laws cover minimum wage, overtime, breaks, timely payment of wages, and related rights. If your employer is not following these rules – for instance, paying a flat salary with no overtime when you regularly work 10-hour days, or making you skip lunch to meet deadlines – they may be violating the law. You can file a wage claim with the state or take legal action to recover unpaid wages and penalties. The Labor Commissioner (Division of Labor Standards Enforcement) is a key resource: it enforces wage laws and adjudicates employee wage claims without cost. Remember, all employees (including undocumented workers) are protected by California’s labor laws – an employer cannot use immigration status to deny wages or breaks. Wage and hour rights are fundamental, and California’s stance is clear: workers must be paid fairly for all hours worked and given their due breaks (dir.ca.gov) (dir.ca.gov).

Part IV: Discrimination and Harassment Protections

California employees are protected by comprehensive anti-discrimination laws that prohibit employers from treating workers or job applicants unfairly based on certain personal characteristics. The primary state law is the Fair Employment and Housing Act (FEHA), which is enforced by the Civil Rights Department (CRD, formerly DFEH). FEHA makes it illegal for employers to discriminate in any aspect of employment (hiring, promotion, job assignments, pay, discipline, termination, etc.) because of a person’s protected status (calcivilrights.ca.gov) (calcivilrights.ca.gov). In addition, FEHA and related laws protect employees from harassment and require employers to prevent and remedy harassment in the workplace.

Protected Characteristics: Under FEHA (Cal. Govt. Code § 12940 et seq.), it is unlawful to discriminate against an employee or applicant because of any of the following protected characteristics (calcivilrights.ca.gov) (calcivilrights.ca.gov):

Race or Color
Ancestry or National Origin (including language use and immigration status)
Religion or Creed (including religious dress and grooming practices)
Sex/Gender (this includes pregnancy, childbirth, breastfeeding, and related medical conditions)
Gender Identity and Gender Expression (protecting transgender and non-binary individuals)
Sexual Orientation (heterosexuality, homosexuality, bisexuality, etc.)
Marital Status (whether you are single, married, divorced, etc.)
Age (40 and over – age discrimination protections generally cover only older workers)
Disability (physical or mental disabilities, and a record or perception of disability)
Medical Condition (including genetic information, cancer or history of cancer)
Genetic Information (results of genetic tests or family medical history)
Military or Veteran Status
Reproductive Health Decisionmaking (a recently added category – as of 2023, it’s illegal to discriminate based on personal decisions related to contraception or reproductive health) (calcivilrights.ca.gov).

Federal laws overlap with many of these categories – for example, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin (for employers with 15 or more employees); the Americans with Disabilities Act (ADA) protects against disability discrimination (15+ employees); the Age Discrimination in Employment Act (ADEA) protects those 40 or over (20+ employees). However, California’s FEHA is often broader: it covers employers with 5 or more employees for most types of discrimination (so small businesses in California are still subject to these rules) (calcivilrights.ca.gov), whereas federal laws have higher employee thresholds. Also, California’s law explicitly includes additional categories like marital status, sexual orientation, gender identity/expression, genetic information, and reproductive health decisions, which may not all be explicitly covered by federal law. In practice, if you work in California and experience bias based on any of the traits listed above, you are likely protected under FEHA (and possibly federal law as well).

What Constitutes Discrimination? Unlawful discrimination occurs when a covered employer takes adverse action against you because of a protected characteristic. This could be as overt as a manager saying “I’m not promoting you because women should stay home,” or as subtle as consistently giving better shifts to younger workers while older workers are phased out. It also includes policies that are neutral on their face but have a disparate impact on protected groups (unless the employer can justify them as job-related and consistent with business necessity). Some examples of potential discrimination: not hiring someone because they are pregnant or might become pregnant (pregnancy discrimination); firing or demoting someone after they develop a disability; refusing to accommodate an employee’s reasonable religious practices; paying women less than men for the same work; or eliminating a Black employee’s position but not white employees’ in a “restructuring.” California’s law also specifically forbids discrimination based on perceived membership in a protected class – so if an employer takes action based on the belief that an employee is gay or has a certain religious faith (even if that perception is wrong), it’s still unlawful.

Harassment: Harassment is a form of discrimination that deserves special mention. It is unlawful to harass an employee on the basis of any protected characteristic. Sexual harassment is the most well-known type – this can include quid pro quo harassment (e.g., a supervisor conditioning promotions or continued employment on sexual favors) or a hostile work environment (e.g., pervasive unwelcome sexual comments, touching, or imagery that makes the workplace intimidating or offensive). But harassment can also be based on race, religion, disability, sexual orientation, etc. – for example, racist slurs, mocking an accent, or insulting a person’s religion all would qualify as harassment if severe or frequent enough to create a hostile work environment. Under California law, harassment is prohibited in all workplaces, even those with only 1 employee (calcivilrights.ca.gov). This means every employer, no matter how small, must ensure a harassment-free environment. Additionally, not just the employer but individual harassers (such as a manager or coworker who engages in harassment) can be held personally liable under FEHA for their actions.

California employers are required to take all reasonable steps to prevent discrimination and harassment. For instance, companies with 5 or more employees must provide sexual harassment prevention training to all supervisors (2 hours) and employees (1 hour) every two years. Employers should also have clear anti-harassment policies and a process for employees to complain and have issues investigated. If you report harassment, the employer must investigate and take corrective action. Failure to act can make the employer liable for a hostile environment. Importantly, your employer cannot retaliate against you for reporting discrimination or harassment or for participating in an investigation – retaliation itself is illegal (see Section V).

Disability Accommodation: Under discrimination law, there are special protections for disabled employees. Employers must provide reasonable accommodations to an employee with a physical or mental disability (or a pregnant employee with related medical needs) to enable them to perform the job, unless doing so would cause undue hardship to the employer. This might include things like modified duties, ergonomic equipment, a short leave of absence, remote work, or schedule changes. Similarly, employers must accommodate an employee’s religious practices or attire (for example, allowing schedule changes for religious holidays or permitting religious dress), unless it creates undue hardship. Failure to accommodate when required is a form of discrimination. California’s disability discrimination law (part of FEHA) also requires the employer to engage in a good faith interactive process with the employee to find an appropriate accommodation.

Who is Covered: As mentioned, FEHA covers employers with ≥5 employees for discrimination (and all employers for harassment). It protects employees, job applicants, unpaid interns, volunteers, and even contractors in harassment cases (calcivilrights.ca.gov). Federal laws like Title VII kick in at 15 employees (20 for age, 15 for disability). Most larger employers are subject to both state and federal law; smaller employers might only fall under state law (but as noted, even a 3-person company is not exempt from harassment rules in CA). If you work for a religious non-profit, note that some exemptions may apply – e.g., a religious organization might be allowed to hire only members of its religion for certain roles. But generally, non-government employers in California must comply. (FEHA doesn’t cover federal government employment or purely tribal employers, etc., but those employees may have other avenues.)

Enforcement and Remedies: If you believe you have been discriminated against or harassed at work in California, you have the right to file a complaint with the CRD (formerly DFEH) or the federal EEOC. We will discuss the process in Section VII, but briefly, you usually must file with CRD/DFEH or EEOC before you can sue your employer. These agencies can investigate and even sue on your behalf in serious cases, but often they simply issue a “right-to-sue” notice allowing you to bring a lawsuit. Remedies for proven discrimination or harassment include back pay (lost wages and benefits), front pay (future wage loss), reinstatement to your job (or hiring if you were passed over), compensatory damages for emotional distress, punitive damages to punish especially malicious conduct, and recovery of your attorney’s fees and costs (calcivilrights.ca.gov) (calcivilrights.ca.gov). Harassment that involves violence or threats can even be criminal, and victims might obtain restraining orders.

It’s worth noting California has some unique anti-discrimination rules. One example is the CROWN Act, which clarifies that discrimination based on hairstyles associated with race (like Afros, braids, locks, etc.) is a form of race discrimination – employers cannot ban natural Black hairstyles under grooming policies, for instance. Another is the Fair Chance Act, which limits employers from asking about or considering criminal conviction history before making a job offer (intended to protect applicants with records from automatic disqualification – employers must follow certain steps if they want to rescind an offer due to a conviction).

Overall, California law strives to ensure that job decisions are based on merit and business needs, not bias. If you suspect you’re being treated unfairly because of who you are – not how you perform – you should know that you’re protected by law. Harassment and discrimination complaints are taken seriously, and employees have avenues to seek justice, from internal HR complaints to state and federal agencies. No one should feel unwelcome or threatened at work because of their identity. The laws discussed here empower you to speak up and seek recourse if you experience discrimination or harassment on the job.

Part V: Retaliation and Whistleblower Protections

Employees should be able to assert their rights or report problems at work without fear of punishment. To that end, California law provides strong protections against retaliation. Retaliation occurs when an employer takes adverse action (firing, demotion, pay cut, unfavorable reassignment, harassment, etc.) against an employee because the employee engaged in a protected activity. Many of the laws we’ve discussed – wage and hour laws, discrimination laws, leave laws – have built-in retaliation prohibitions. Additionally, California has broad whistleblower statutes that protect employees who report legal violations. In this section, we’ll cover your rights if you blow the whistle on misconduct or exercise your legal rights, and what counts as unlawful retaliation.

Protected Activities: There are many activities protected from retaliation, including (but not limited to):

Reporting or Opposing Discrimination/Harassment: If you file a complaint (internally or with a government agency) about discrimination or harassment, or even just verbally object to discriminatory practices, your employer cannot retaliate against you under FEHA and Title VII. For example, if you believe you’re being sexually harassed and report it to HR, the employer is forbidden from firing or disciplining you for making that report (calcivilrights.ca.gov). This is true even if the complaint is later not substantiated – as long as you made it in good faith. Similarly, participating as a witness in a coworker’s discrimination complaint or providing information to an investigator is protected. FEHA specifically makes it unlawful to retaliate against someone for complaining about or “opposing any practices forbidden under the Act” or for participating in a proceeding (like testifying or assisting in someone else’s complaint).
Asserting Wage and Hour Rights: California Labor Code § 98.6 prohibits employers from retaliating against employees who file or threaten to file a claim with the Labor Commissioner for unpaid wages or other labor law violations. If you complain about not receiving overtime, or you file a wage claim or even ask your employer why you aren’t getting meal breaks, those are protected actions. Likewise, Labor Code § 1102.5 (the general whistleblower law) protects disclosing wage violations to authorities. You cannot be lawfully fired or disciplined for raising concerns about wage theft or labor law non-compliance. The law even protects coworkers who testify or provide information on behalf of another employee’s claim. For example, if you serve as a witness in a colleague’s wage hearing, your employer cannot retaliate against you for that.
Whistleblowing about Illegal Activities: California’s whistleblower protection law, Labor Code § 1102.5, is one of the strongest in the country. It broadly forbids employers from retaliating against an employee who reports or discloses to any government agency, law enforcement, or internal company authority that the employee has reasonable cause to believe the employer is violating a state or federal law or regulation. This means if you report a suspected legal violation – whether it’s fraud, environmental violations, patient safety issues, or any violation of law – to a supervisor or compliance department or a government agency, you are protected from retaliation (dir.ca.gov). Importantly, a 2014 amendment extended protection to internal reports (not just reports to government) and even disclosures to someone with authority over the employee who has the power to investigate or correct the issue. So internal whistleblowing is protected. Additionally, §1102.5 protects an employee who refuses to participate in an activity that would violate a law. For instance, if your boss instructs you to falsify financial records and you refuse, you’re shielded from retaliation for that refusal. If you are retaliated against, §1102.5 allows you to file a lawsuit and even get attorney’s fees if you prevail. California law also has criminal penalties for retaliating against whistleblowers in some cases.
Safety Complaints: Workers have rights to a safe workplace under Cal/OSHA regulations. Labor Code § 6310 prohibits retaliation against employees who complain about workplace safety or health issues or who file an OSHA complaint. If you report unsafe equipment or unhealthy conditions to your employer or to Cal/OSHA, your employer cannot lawfully punish you for it. Similarly, if you are injured on the job and file a workers’ compensation claim, Labor Code § 132a makes it illegal to discriminate or retaliate against you for that.
Exercising Leave Rights: You are protected when you take or request protected leave. An employer may not retaliate against you for using sick days under the Paid Sick Leave law, or for taking family or medical leave under CFRA/FMLA, or pregnancy disability leave, etc. For example, if you return from CFRA leave, your employer must reinstate you to the same or a comparable position – they cannot fire you because you took the leave. Any negative action linked to taking a protected leave can be retaliation. Another new leave protection: as of 2023, California requires up to 5 days of bereavement leave for eligible employees; the law explicitly forbids employers from retaliating or interfering with an employee’s bereavement leave rights.
Other Protected Acts: Discussing or comparing wages with coworkers is protected by law (California’s “pay transparency” protections and the National Labor Relations Act for concerted activity). Serving on a jury or as a witness in court is protected – your employer can’t fire or discipline you for doing your civic duty (Labor Code § 230). Taking time off to vote in an election (within the rules) or engaging in certain political activities outside of work are also protected from retaliation. If you’re a victim of domestic violence, sexual assault, or stalking, taking time off to obtain a restraining order or seek medical attention or counseling is protected (Labor Code §§ 230 and 230.1). The law even protects emergency responders – for instance, volunteer firefighters or reserve peace officers cannot be retaliated against for taking time off to perform emergency duty. And as a quirky recent addition, effective 2023, SB 1044 prohibits retaliation against employees who refuse to report to work or leave work during an “emergency condition” if they have a reasonable belief that the worksite is unsafe (such as during a natural disaster or extreme hazard). Employers also can’t bar employees from accessing their mobile devices in such emergencies.

What Retaliation Looks Like: Retaliation is broadly defined. It could be an outright firing (“You’re terminated for filing that OSHA complaint”), which is obviously illegal. But it could also be more subtle: a demotion, a pay decrease, loss of hours, a transfer to a less desirable location or shift, unwarranted disciplinary write-ups, or excluding someone from training or opportunities – if those actions are motivated by the employee’s protected activity. In a legal sense, an employee must usually show: (1) they engaged in protected activity; (2) they suffered an adverse employment action; and (3) a causal link between the two (often timing or statements by the employer can indicate the motive). The employer, in turn, would need to show a legitimate non-retaliatory reason for the action, or else be held liable. California recently made it a bit easier for employees in whistleblower cases: Labor Code § 1102.6 provides that if you establish retaliation was a contributing factor, the burden shifts to the employer to prove they’d have taken the same action anyway for legitimate reasons.

Protection and Remedies: If you experience retaliation, you have several options. You can file a retaliation complaint with the Labor Commissioner’s Retaliation Complaint Investigation unit (for many Labor Code-related retaliation cases, like safety, wage, or sick leave retaliation). This must typically be done within one year of the retaliatory act for most Labor Code retaliation claims. The Labor Commissioner can investigate and even order reinstatement, back pay, and penalties. For FEHA-related retaliation (discrimination or harassment complaints), you would file with the CRD/DFEH or EEOC (usually within one year to CRD, or 300 days to EEOC) as part of a discrimination charge. You can also pursue a civil lawsuit. Remedies for retaliation can include reinstatement to your job (if you were fired or demoted), payment of lost wages, restoration of lost benefits, emotional distress damages, and sometimes punitive damages against the employer. Additionally, laws like §1102.5 and FEHA allow recovery of attorney’s fees if you win a retaliation lawsuit, which encourages employees to seek justice. California courts take retaliation claims seriously because the effectiveness of all workplace laws depends on employees being able to speak up. An employer who retaliates after a complaint basically sends a message to other employees not to assert their rights, which undermines the law – hence such retaliation is aggressively prohibited.

One important point: You don’t need to be right about the violation you reported; you just need to have had a reasonable, good-faith belief. For instance, if you reported what you thought was fraud and it turns out not to be fraudulent, your report is still protected as long as it wasn’t knowingly false. (Deliberately making a false report is not protected – honesty is key.)

No Retaliation for Discussing Wages or Working Conditions: It’s worth noting that under federal law (NLRA), even non-union employees have the right to engage in “concerted activities” for mutual aid – which includes talking with coworkers about pay or workplace issues, or jointly raising concerns to the employer. Retaliation for those concerted activities is an unfair labor practice. California reinforces this with its pay transparency law (Labor Code § 1197.5), which says employees can disclose and discuss wages; an employer can’t retaliate against you for asking about or sharing compensation information.

In summary, California provides a safety net for employees who speak up. If you complain in good faith about unlawful conduct or assert your rights (to fair pay, a non-discriminatory workplace, safe conditions, lawful hours, etc.), the law has your back. Retaliation can sometimes be blatant but often is subtle – if suddenly after you made a complaint, you start getting write-ups or your evaluation score plummets without justification, these could be signs of retaliation. Keep records of what you reported and the timeline of any negative actions. Retaliation itself gives you a separate claim to pursue. The goal of these protections is to encourage employees to report problems early and without fear, so that workplaces can correct issues and uphold the law. Don’t let fear of retaliation silence you – retaliating is unlawful, and an employer who does so can face serious consequences.

Part VI: Leave Rights: CFRA, FMLA, Paid Sick Leave, and Other Time Off

Life doesn’t pause for work – people get sick, have children, lose loved ones, and face personal emergencies. California law (along with federal law) provides employees with various leave rights, allowing you to take time off in certain situations without losing your job. Key leave entitlements for California employees include family and medical leave, pregnancy disability leave, paid sick days, and others like bereavement leave. In this section, we’ll outline the major leave laws: the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), which provide extended unpaid leave for serious health and family needs; pregnancy disability leave (PDL); paid sick leave (PSL) for short-term illnesses; and some additional leave rights under state law.

Family and Medical Leave (CFRA/FMLA): The California Family Rights Act and the federal FMLA are similar laws that often run concurrently. They entitle eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family or medical reasons. Under CFRA, you can use this leave to care for your own serious health condition, care for a family member with a serious health condition, or bond with a new child (by birth, adoption, or foster placement) (calcivilrights.ca.gov). “Serious health condition” means an illness, injury, impairment, or physical/mental condition that involves inpatient care or continuing treatment by a healthcare provider – this covers significant illnesses (e.g., surgery, chemotherapy, serious injuries, disabling conditions) but not minor ailments like a common cold or flu. CFRA also allows leave for certain military exigencies related to active duty of a family member (similar to FMLA’s military family leave provisions).

Under FMLA (the federal law), the qualifying reasons are largely the same, and FMLA also has a provision for military caregiver leave (up to 26 weeks to care for a covered servicemember with a serious injury/illness). However, FMLA doesn’t cover some relationships that CFRA does. CFRA in California is more expansive in defining “family member”: it includes not just your spouse, child, or parent, but also domestic partner, children of a domestic partner, grandparents, grandchildren, and siblings. In 2023, CFRA (and PSL) were expanded to allow leave to care for a “designated person,” which means you can designate one person (not otherwise covered as family) whose health needs you will care for – providing flexibility to care for, say, a close friend or extended family member. The federal FMLA does not include domestic partners or siblings, etc., by default (just spouse, child, parent), but in California the CFRA will cover those relations. When leave qualifies under both laws (e.g., you take time to care for a sick parent and your employer is covered by both CFRA and FMLA), the leaves run concurrently – you don’t get to stack them (you can’t take 12 weeks CFRA plus 12 weeks FMLA for the same issue; it would be 12 total). But if a leave reason is covered by one law and not the other (for example, caring for a grandparent is CFRA-covered but not FMLA-covered), you might use CFRA and still preserve FMLA time for another purpose.

Coverage and Eligibility: CFRA and FMLA apply to employers with 5 or more employees (CFRA) and 50 or more employees (FMLA). So in California, employers with 5-49 employees must comply with CFRA even though FMLA wouldn’t apply. To be eligible for leave, an employee must have worked for the employer for at least 12 months (which need not be consecutive; there’s some allowance for close gaps) and have at least 1,250 hours of service in the 12 months prior to the leave. Additionally, for FMLA, the employee must work at a site where at least 50 employees are within a 75-mile radius. CFRA removed the 75-mile requirement in 2021, so even if you’re in a small satellite office, as long as the company has 5 total employees, CFRA applies. In summary, if you’ve been with a mid-size or larger employer for a year and put in about 24 hours a week on average, you likely qualify for CFRA/FMLA leave.

Rights During/After Leave: Family/medical leave under CFRA/FMLA is unpaid, but it is “job-protected.” This means when your leave is over, you must be reinstated to the same or a comparable position. Your employer can’t use your absence as a reason to fire you or permanently replace you. (If a company has a legitimate layoff or closure that would have affected you regardless of leave, they can implement that, but they must be able to show it’s unrelated to your leave.) While you’re on CFRA/FMLA leave, your employer must maintain your group health insurance benefits as if you were still working. You also can (and generally should) use any accrued paid time off during your leave – for instance, you can typically apply your sick days or vacation days so that some portion of the 12 weeks is paid. California also offers Paid Family Leave (PFL), a state disability insurance program that provides up to 8 weeks of partial wage replacement for family leave or baby bonding. PFL is not a “leave right” (it doesn’t guarantee your job, it’s just money), but when you take CFRA/FMLA for baby bonding or caregiving, you can apply to EDD for Paid Family Leave benefits to get around 60-70% of your wages for up to 8 weeks. Think of PFL as state-paid wage insurance that complements your CFRA leave.

Pregnancy Disability Leave (PDL): California has a separate leave law for pregnancy. If you are disabled by pregnancy, childbirth, or related medical conditions, you are entitled to up to 4 months (17⅓ weeks) of PDL in addition to any CFRA leave (calcivilrights.ca.gov). “Disabled by pregnancy” is interpreted broadly – it can include time off needed for severe morning sickness, pregnancy complications, doctor-ordered bed rest, childbirth recovery, and related postpartum issues. PDL is available to employees of employers with 5 or more employees (virtually all but the smallest businesses). There is no one-year or hours-worked requirement for PDL – you’re eligible from day one of employment if pregnancy renders you unable to work or to perform essential job functions. PDL is job-protected just like CFRA: your employer must guarantee your job (or a comparable job) when you return. You can take PDL intermittently or continuously. After PDL, you can also take CFRA leave for bonding with the baby (CFRA baby-bonding leave kicks in after pregnancy disability ends; pregnancy itself is excluded from CFRA’s definition of “serious health condition,” because it’s covered by PDL instead). So, a new mother could take, for example, 12 weeks of PDL for pregnancy and recovery, and then an additional 12 weeks of CFRA leave to bond with her newborn – totaling about 6 months of protected leave. During PDL, employers must treat you as if you’re on any other disability leave – e.g., if they have a policy of continuing pay or light duty for injured workers, pregnant workers should get the same treatment. They must also continue your health insurance benefits for up to 4 months if they do so for other medical leaves.

California also requires employers to provide “reasonable accommodation” for pregnant employees upon request, such as modifying work duties or schedules if advised by a doctor, and to transfer a pregnant employee to a less strenuous position if medically needed (where feasible). These are separate rights in addition to the leave. After PDL, a new mother may also be entitled to lactation accommodations (a private location and break time to pump breast milk under Labor Code § 1030).

Paid Sick Leave (PSL): California’s Healthy Workplaces, Healthy Families Act (Paid Sick Leave law) gives most employees the right to accrue and use paid sick time. If you work for 30 or more days in a year for an employer in California, you are entitled to earn sick leave. The standard accrual is 1 hour of sick leave per 30 hours worked, and you can use at least 24 hours (3 days) of paid sick leave per year (many employers allow more; as of 2024, state law is increasing the minimum to 5 days or 40 hours per year). You start accruing from your date of hire and can begin using sick leave by the 90th day of employment. PSL can be used for your own illness, injury or health condition, preventive care (like a check-up or vaccine appointment), or to care for a family member (which includes child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling) with a health condition or need for preventive care. “Family member” under the sick leave law was expanded by AB 1041 as well to include a designated person you identify, similar to CFRA. Additionally, PSL can be used by employees who are victims of domestic violence, sexual assault, or stalking to seek help or safe services (this overlaps with other leave laws).

Your employer may front-load a lump sum of sick hours (e.g., give 24 hours at the start of the year) or use the accrual method. They may also cap usage at 3 days (24 hours) per year under old law, though effective January 1, 2024, employers must allow at least 5 days (40 hours) of sick leave per year if the new law (SB 616) is in effect. Unused sick leave can carry over to the next year, but employers can cap the accrual bank (at 48 hours under old law, likely 80 hours under new). Sick leave is paid at your normal wage rate. Importantly, your employer cannot retaliate against you for using your earned sick leave – it’s illegal to fire or discipline someone for taking a legitimate sick day. You also don’t have to find a replacement to cover your shift as a condition of using sick leave. While employers can require a reasonable notification (like calling in sick as soon as practicable), they generally can’t demand a doctor’s note for a single day absence (unless under specific policies once a pattern of abuse is suspected, etc.). Many cities (San Francisco, Los Angeles, Santa Monica, Oakland, and others) have local sick leave ordinances that provide even more generous terms – e.g., larger accrual caps or more hours per year – so always check if local law applies. But no matter where you are in CA, the state PSL law provides a baseline of paid time to care for health needs.

Bereavement Leave: A new California law effective 2023 (under Government Code § 12945.7, implemented via AB 1949) now requires employers with 5 or more employees to provide up to 5 days of bereavement leave to eligible employees upon the death of a close family member. This includes the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employee must have been with the company at least 30 days prior to the leave. Bereavement leave can be unpaid unless the employer has an existing paid bereavement policy or the employee uses other paid time off available. The 5 days do not have to be consecutive, but must be taken within 3 months of the date of death. Employers are allowed to request proof of death (e.g., obituary or death certificate). Like other leaves, retaliation or interference is illegal – an employer cannot refuse to grant bereavement leave or punish you for taking it. While many employers already offered bereavement leave as a benefit, this law makes it a protected right statewide.

Other Leave Rights: California has numerous other specialized leave laws, such as:

Jury Duty and Witness Duty: You are entitled to unpaid time off for jury service or to comply with a subpoena as a witness. Employers cannot fire or penalize you for serving on a jury (Labor Code § 230). You should give your employer reasonable notice of the jury summons. While not required to pay you (some employers voluntarily do for a certain number of days), your job is protected.
Voting Leave: If you do not have sufficient time outside of working hours to vote in a statewide election, you can take up to 2 hours of paid time off to vote, usually at the beginning or end of your shift (Elections Code § 14000). You must give at least 2 working days’ notice of the need.
School Activities Leave: Parents, guardians, or grandparents with custody of a child in school (K-12) or daycare can take up to 40 hours per year (no more than 8 hours a month) of job-protected leave to participate in the child’s school or childcare activities (Labor Code § 230.8), if the employer has 25+ employees. This is usually unpaid unless you use vacation/PTO. Employers can ask for proof of the school visit.
Domestic Violence/Sexual Assault/Stalking Leave: As mentioned, victims of these crimes can take time off to obtain help, such as going to court for a restraining order or seeking medical or counseling services (Labor Code §§ 230 and 230.1). Employers with 25+ employees must allow time off for these purposes and also for victims of certain crimes (like violent or serious felonies) to attend related legal proceedings. This leave is unpaid, but employees can use accrued paid time off. The employer must keep information confidential. There’s also protection against retaliation for seeking such leave.
Military Service Leave: Under federal USERRA and state law, employees who are members of the military (e.g., National Guard or Reserves) have the right to unpaid leave for military training or deployment, with reinstatement rights. Additionally, California requires employers with 25+ employees to allow a spouse of a military servicemember on leave from deployment to take up to 10 days of unpaid leave to be with their spouse (Military & Veterans Code § 395.10).
Emergency Responder Leave: If you perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel, your employer generally must permit you to take time off for training and missions (with notice).
Organ/Bone Marrow Donation Leave: Employers with 15+ employees must provide paid leave for organ donation (up to 30 days) and bone marrow donation (up to 5 days) under Labor Code § 1510.

As you can see, California has a patchwork of leave laws addressing various circumstances. Each has its own eligibility rules and scopes, but a unifying principle is that employees shouldn’t have to choose between their job and attending to important health, family, or civic duties. If you qualify for a protected leave, the employer must allow it and generally keep your position (or an equivalent) open for you. Some leaves are paid (like sick days, or jury duty up to a point, or the use of vacation during CFRA), but many are unpaid – however, even unpaid leave can be invaluable to secure your job while you handle personal matters. Always inform your employer as early as possible when you need time off under one of these laws, and provide any required documentation. In most cases, employers are familiar with these requirements, especially CFRA/FMLA for larger HR departments, but smaller employers may not be as aware of CFRA applying to them now (since 2021) or newer laws like bereavement leave (2023). Knowing your rights can help ensure you get the time you need.

Remember, it’s illegal for an employer to deny you a protected leave or to retaliate against you for taking it. If you believe your leave rights have been violated – for instance, you were fired because you took medical leave or you’re being harassed for using sick days – you should seek legal advice or contact the Labor Commissioner or CRD, depending on the leave. As long as you fall within the law’s provisions, your job and benefits are protected during the leave. California values work-life balance and welfare, and these laws reflect an understanding that supporting employees through life events ultimately leads to a healthier, more productive workforce.

Part VII: Filing Complaints and the Legal Process for Workplace Issues

Understanding your rights is the first step – the next is knowing how to enforce them if they’re violated. California provides multiple avenues for employees to seek redress for employment law issues. Depending on the situation, you might file a complaint with a government agency, pursue a lawsuit (often after getting a “right-to-sue” notice), or in some cases, go through an arbitration or other dispute process. This section will outline what to do if you have a workplace legal issue – including which agencies handle different types of complaints (for example, the Civil Rights Department (DFEH/CRD) for discrimination or the Labor Commissioner’s Office for wage claims), the general process and timelines for filing, and what outcomes you can expect. It’s important to act within the required time limits and to follow the proper procedure to protect your claims.

Discrimination, Harassment, and Retaliation (FEHA claims) – CRD / DFEH and EEOC: If you believe you have been discriminated against or harassed due to a protected characteristic (Section IV) or retaliated against for complaining about such issues, the typical process in California is to file a complaint with the Civil Rights Department (CRD). (This was formerly the Department of Fair Employment and Housing or DFEH – it was renamed effective July 2022.) Filing with CRD/DFEH is a prerequisite to suing under FEHA – you generally must exhaust this administrative step before you can file a lawsuit in court. You can submit a complaint online, by mail, or by phone. The CRD will evaluate your complaint and may investigate. In most cases, especially if you indicate you want an immediate right-to-sue, the CRD will close your case and issue a Right-to-Sue notice, which permits you to file a civil lawsuit. If you want CRD to investigate first, they can, but due to resource constraints many people choose to get the right-to-sue quickly and proceed on their own. The deadline to file a CRD complaint is generally within 3 years of the last act of discrimination/harassment/retaliation (calcivilrights.ca.gov). (This statute of limitations was extended from one year to three years in 2020, making California’s filing window much longer than federal EEOC’s.) Note that if the issue is sexual harassment specifically, there is an even longer window under some circumstances – but as a rule, don’t delay beyond three years or you risk losing your FEHA claims. Once you have a right-to-sue, you typically have one year from that notice to file a lawsuit in court.

You also have the option to file with the U.S. Equal Employment Opportunity Commission (EEOC) for discrimination or retaliation under federal laws (like Title VII, ADA, ADEA). The EEOC deadline is shorter – generally 300 days from the act (since California’s CRD is a state agency that extends the usual 180-day federal deadline to 300 days). The good news is CRD and EEOC have a work-sharing agreement (calcivilrights.ca.gov). Filing a charge with one can automatically be deemed dual-filed with the other, if you indicate so. For example, if you file with CRD and allege facts that would violate federal law, the complaint is automatically dual-filed with EEOC (though usually CRD will investigate) (calcivilrights.ca.gov). Conversely, an EEOC charge will be shared with CRD. This means you generally do not need to file separately with both agencies. The key difference is timing and coverage: if you miss the 300-day EEOC window, you can still file with CRD up to 3 years under state law, but your federal claims might be time-barred. Many California plaintiffs proceed under FEHA (state law) since it covers more and can yield unlimited damages (federal law has capped damages for discrimination based on employer size).

CRD/DFEH Complaint Process: After you file, the CRD may offer mediation or referral to the department’s free Dispute Resolution Division, especially for smaller disputes. Mediation is voluntary but can sometimes resolve issues without a lawsuit. If CRD investigates and finds cause, they can help negotiate a settlement or even take a case to their own in-house trial before the Civil Rights Council (rare). Most often, however, individuals go to court with a right-to-sue. Note that if you are a public sector employee or certain other categories, different rules may apply (e.g., federal employees must go through their agency’s EEO process). For private employees in CA, CRD is the main gateway.

Wage and Hour Claims – Labor Commissioner (DLSE): For issues like unpaid wages, unpaid overtime, minimum wage violations, meal and rest break penalties, unpaid sick leave, or improper wage deductions, you can file a claim with the California Labor Commissioner’s Office, formally known as the Division of Labor Standards Enforcement (DLSE). This is often called a “wage claim.” It’s an administrative process designed to be worker-friendly. When you file a wage claim, the DLSE will hold a conference and possibly a hearing (sometimes called a Berman hearing) where you and the employer can present evidence. If they rule in your favor and the employer doesn’t appeal, you get an enforceable order/judgment for the owed wages, interest, and possibly penalties. The Labor Commissioner’s office has regional offices and an online filing system. Many wage claims (like unpaid final paycheck, unpaid minimum wage or overtime, etc.) must be filed within 3 years (which coincides with the statute of limitations for most wage violations in court) – although certain penalties might have a 1-year limit, and certain contract-based claims 2 or 4 years. It’s best to file within 3 years of the violation to be safe. There’s no fee to file a wage claim, and the process is generally faster and less formal than a lawsuit.

The Labor Commissioner is a powerful ally – they can investigate even without a formal claim (through inspections and audits), and they can also take assignments of wage claims to pursue civil actions. They also enforce retaliation complaints under various Labor Code provisions. For example, if you were fired for complaining about unpaid wages, you can file a retaliation complaint with DLSE (must do so within 6 months in many cases, like for 98.6 or 1102.5 retaliation) and they will investigate and can order reinstatement and back pay. Workers who are paid less than minimum wage are encouraged to contact the Labor Commissioner’s Office (dir.ca.gov) – California’s public policy is to vigorously combat wage theft. In fact, if an employer willfully fails to pay wages or pays below minimum wage, they could face criminal charges as well (though that’s for prosecutors – your role is mainly civil enforcement).

Alternatively, for wage issues, an employee can choose to file a lawsuit in court (either individually or sometimes as a class action if it affects many employees). If the amounts are small, some even go to small claims court. But the DLSE process is a great starting point for straightforward claims.

Workplace Safety – Cal/OSHA: If you have a safety concern, you can file a complaint with Cal/OSHA (the Division of Occupational Safety and Health). They will keep your identity confidential and send an inspector to investigate serious hazards. If you were retaliated against for raising a safety issue or reporting an injury, as mentioned, you can file a retaliation complaint with DLSE under Labor Code § 6310. Cal/OSHA itself doesn’t provide individual remedies (they issue fines to employers), but they are critical in fixing hazardous conditions.
Whistleblower Retaliation – Various: For whistleblower-type issues not related to wages or safety (for instance, you reported fraud or patient care violations), you might either file with DLSE under §1102.5 (within a year) or proceed directly to court. Under Labor Code §1102.5, since 2022 there is no longer a requirement to exhaust administrative remedies – you can file a lawsuit in court without filing with the Labor Commissioner first (previously you had to file with DLSE and wait 60 days). Many employees still file with DLSE’s retaliation unit because they can investigate and potentially get you reinstated faster than court. But you have the option to sue directly for whistleblower retaliation, seeking damages. There are also specific whistleblower programs for certain industries (like healthcare workers can also report to the California Department of Public Health, etc.). If you’re a public employee, there are separate whistleblower processes (e.g., under the California Whistleblower Protection Act for state employees).
Leave Violations: If your employer denied you leave or fired you for taking leave (CFRA, PSL, etc.), your remedies depend on the law. For CFRA (family leave) violations, you’d file with CRD/DFEH (as it’s part of FEHA) or use the CRD right-to-sue route, similar to discrimination. For FMLA (federal), you could file with the U.S. Department of Labor’s Wage and Hour Division or go to court. For Paid Sick Leave violations, the Labor Commissioner can handle those – you can file a complaint about not receiving sick pay or being retaliated against for using sick leave. The Labor Commissioner can order reinstatement and penalties for PSL retaliation. Bereavement leave violations would likely fall under CRD (since that law is tucked into the Government Code with FEHA – interestingly enforcement might be through CRD, though it’s new). Always identify which law was violated and go to the corresponding agency if unsure.
Private Lawsuit vs. Agency Complaint: In many situations, you have a choice to file with an agency or go straight to a lawsuit (once prerequisites are met). Lawsuits can potentially yield higher damages (especially for discrimination or wrongful termination where emotional distress and punitive damages may be awarded), but they take longer and typically require an attorney. Sometimes people file with the agency first to see if it resolves, then sue if not satisfied. Also, keep in mind arbitration agreements – many employers have employees sign arbitration agreements waiving the right to court for employment disputes (except certain claims like CRD/DFEH or some PAGA claims might be excluded). If you signed one and it’s enforceable, you might have to arbitrate your claims instead of going to court. But you still often must go through CRD or an agency first (arbitration usually comes into play at the lawsuit stage).
Timing (Statutes of Limitations): We mentioned some deadlines: Discrimination (FEHA) – 3 years to file with CRD (calcivilrights.ca.gov); federal discrimination (EEOC) – 300 days; Wage claims – 3 years (up to 4 if using a law like Unfair Competition Law or a written contract claim, 1 year for penalties like waiting time or wage statement penalties, but those can be tacked onto other claims). Retaliation – often 6 months for DLSE complaints (some are 1 year, and 3 years under 1102.5 if going directly to court, since that is the catch-all Labor Code action). CFRA retaliation – 3 years via CRD. Breach of contract – 2 years oral, 4 years written. Wrongful termination (common law public policy) – typically 2 years from termination. Always mark your calendar and don’t miss the filing deadlines, or you could lose your rights.
Remedies and Outcomes: Depending on the route, you can obtain various remedies. Agencies like the Labor Commissioner can order back pay, unpaid wages, interest, and certain penalties (e.g., liquidated damages equal to unpaid minimum wages, waiting time penalties for late final pay, etc.). CRD or a lawsuit under FEHA can result in monetary damages (lost wages, emotional distress), reinstatement, policy changes, and penalties (like administrative fines or punitive damages in court for egregious cases) (calcivilrights.ca.gov) (calcivilrights.ca.gov). In successful discrimination or retaliation cases, the employer may have to pay your attorney’s fees and costs (calcivilrights.ca.gov). For willful violations, there might be additional statutory penalties or punitive damages. For example, in a wage case, an employer who intentionally withheld wages could be on the hook for double damages under certain statutes or PAGA penalties ($100/200 per pay period per employee, etc.). California’s Private Attorneys General Act (PAGA) allows employees to act as “private attorneys general” to recover civil penalties for labor code violations on behalf of the state and other employees. If you have widespread labor code violations affecting many employees, a PAGA action (after giving notice to the Labor Workforce Development Agency) is another legal tool – but note PAGA is complex and usually requires an attorney. Recent court decisions (and possibly a 2024 ballot measure) may affect PAGA’s scope.
Document Everything and Seek Advice: As you approach filing a complaint or claim, it’s wise to gather evidence: save emails, payroll records, performance reviews, texts, witness contact info – anything relevant to your case. When filing, stick to facts and be as precise as possible about what happened and when. You can file most complaints on your own, but for serious cases (like high-value wrongful termination or systemic discrimination), consulting an employment attorney is beneficial. Many attorneys offer free consultations and work on contingency (they get paid from any settlement or judgment). There are also worker rights clinics and legal aid organizations that can help with claims.
The Process Timeline: Filing with an agency can lead to mediation or investigation, which can take months or over a year. If you sue in court, expect potentially 1-2 years (or more) to reach trial, though many cases settle earlier. Arbitration is typically faster than court (maybe within a year). During the process, there may be opportunities to settle. Settlement isn’t a dirty word – it can provide quick relief and certainty. But never settle for less than what you’re owed or give up your rights without understanding the consequences. If you file with the Labor Commissioner, even if your employer offers to pay you quietly, do not withdraw your claim until you actually have the money and you’re satisfied, because once you drop a claim it’s hard to reinstate.

Enforcement of Awards: If you win a case or claim and the employer doesn’t pay up, there are ways to enforce (placing liens on property, garnishing accounts, etc.). The state can assist in collection for Labor Commissioner awards. Unfortunately, sometimes employers shirk responsibilities or even shut down; California has a Wage Guarantee Fund in some cases for unpaid wages if the employer goes bankrupt. Also, notably, California now holds certain business owners personally liable for wage theft in some circumstances, and there are laws like AB 5 (misclassification) that allow the state to enforce compliance.

In conclusion, know where to go with your issue:

CRD/DFEH for discrimination/harassment/CFRA (within 3 years) (calcivilrights.ca.gov);
EEOC for federal bias claims (within 300 days);
Labor Commissioner (DLSE) for wage claims or retaliation (generally within 1-3 years depending on the claim) (dir.ca.gov);
Cal/OSHA for safety hazards (anytime, sooner is better for safety issues);
Legal action in court or arbitration for wrongful termination or combined claims (after getting right-to-sue or if not required for that claim).

California’s legal system for employment issues might seem complex, but it is designed to provide avenues for workers to assert their rights. The state agencies are there to help and are generally employee-friendly. Don’t be afraid to use these resources. If you’re unsure, you can even call the agencies – the Labor Commissioner’s office, for example, has helplines (they even advertise a toll-free number for wage theft inquiries (dir.ca.gov). The Civil Rights Department provides guidance on their website and often will walk you through the intake process for discrimination claims. Time is of the essence due to statutes of limitation, so prompt action is wise.

Finally, remember that retaliation for filing a complaint is illegal. If you file a claim or lawsuit, your employer cannot lawfully punish you for it. (If they do, that’s yet another violation to add to the list.) Many employees worry about being “blacklisted.” In California, there’s no official blacklist, and an employer who spreads false negative information about you out of retaliation could face a defamation lawsuit. Most reputable employers, if they learn you asserted your rights at a past job, will not count that against you – and they shouldn’t, because asserting rights is not misconduct. The law strives to protect workers who use the system.

In summary, when facing a workplace legal issue: identify the violation, check the deadlines, file with the appropriate agency (or court if applicable), and seek help if needed. California provides the tools; it’s up to you to wield them. With this guide, you should feel more empowered to understand and enforce your employment rights. Good luck, and remember – the law is on your side.

California Employment Law Guide: Know Your Rights as an Employee

Part 1: Introduction

I. Common Types of Employment Law Issues in California

Part II: California’s At-Will Employment Doctrine and Its Limits

Part III: Wage and Hour Laws: Minimum Wage, Overtime, and Breaks

Part IV: Discrimination and Harassment Protections

Part V: Retaliation and Whistleblower Protections

Part VI: Leave Rights: CFRA, FMLA, Paid Sick Leave, and Other Time Off

Part VII: Filing Complaints and the Legal Process for Workplace Issues

Practice Areas

Lawyers

Resources

Phone

Email

Los Angeles Office

New York Office