Workplace Issues in California

Under FEHA, you have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD). This is much longer than the federal 180/300-day EEOC deadline. After the CRD issues a right-to-sue notice, you have one year to file a civil lawsuit in California court.

Yes. California Labor Code requires overtime at 1.5 times your regular rate for hours worked over 8 in a single day, over 40 in a week, and for the first 8 hours on the 7th consecutive day in a workweek. Hours over 12 in a day must be paid at double time. This daily overtime requirement is more protective than federal FLSA, which only requires weekly overtime.

California's statewide minimum wage is $16.00 per hour as of January 2024. Fast food industry workers at chains with 60+ locations nationally are entitled to $20.00 per hour under AB 1228, effective April 2024. Many cities and counties have higher local minimums.

Yes. California law requires a 30-minute unpaid meal break for shifts over 5 hours and a 10-minute paid rest break for every 4 hours worked. If your employer fails to provide a required break, they may owe you one hour of pay at your regular rate per violation. These are among the most enforced wage claims in California.

California Business and Professions Code Section 16600 generally voids non-compete agreements, making California one of the most protective states for employee mobility. As of 2024, SB 699 and AB 1076 further strengthened this prohibition by making it unlawful for employers to even attempt to enforce non-compete clauses against California workers, regardless of where the agreement was signed. Employers who violate this may face civil penalties. This prohibition applies broadly to most employment relationships, though narrow exceptions may exist for the sale of a business.

The Private Attorneys General Act (PAGA) under California Labor Code Section 2698 allows employees to file lawsuits on behalf of themselves and other aggrieved employees for Labor Code violations, essentially acting as private attorneys general. PAGA penalties are $100 per employee per pay period for the initial violation and $200 per employee per subsequent violation, with 75% going to the state and 25% to the aggrieved employees. PAGA claims can result in substantial aggregate penalties for employers with many employees and are a powerful enforcement tool unique to California.