California State Laws Protecting Employee Rights

Whether you are an hourly worker, salaried employee, or independent contractor, understanding your rights under California law can help you navigate workplace challenges and take action if your rights are violated.  

If your rights have been violated, please contact our Orange County employment law attorney at Aegis Law Firm today.

California Labor Code  

The California Labor Code is the primary source of wage and hour protections for employees, ensuring they receive fair compensation and work in safe environments. Key provisions include:  

Minimum Wage and Overtime  

• California Labor Code § 1182.12(a) mandates a minimum wage of $16.50 per hour for all hours worked, regardless of employer size.  
• Labor Code § 510(a) requires employers to pay 1.5 times the regular rate for hours worked over 8 hours in a workday or 40 hours in a workweek. Double time for hours worked over 12 hours in a workday or over 8 hours on the seventh consecutive workday.  

Meal and Rest Breaks  

• Labor Code § 512 provides employees with a 30-minute unpaid meal break if they work more than 5 hours per day and a second meal break if they work more than 10 hours.  
• Industrial Welfare Commission (IWC) Wage Orders require 10-minute paid rest breaks for every 4 hours worked.  
• Employers who fail to provide required breaks must pay employees an additional hour of pay under Labor Code § 226.7.  

Fair Employment and Housing Act (FEHA)  

The Fair Employment and Housing Act (FEHA), under California Government Code § 12940, protects employees from discrimination and workplace harassment based on:  

• Race, color, and national origin  
• Sex, gender identity, and sexual orientation  
• Disability (physical or mental)  
• Age (40 and over)  
• Pregnancy or childbirth  
• Religion or creed  

Anti-Harassment and Retaliation Protections  

• FEHA requires employers to prevent harassment and take immediate action if harassment occurs (Gov. Code § 12940(j)(1)).  
• Employers cannot retaliate against employees who file complaints or participate in workplace investigations (Gov. Code § 12940(h)).  

California Family Rights Act (CFRA)  

The California Family Rights Act (CFRA), under Government Code § 12945.2, provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for:  

• Their own serious health condition  
• Caring for a family member with a serious health condition  
• Bonding with a newborn, adopted, or foster child  

Upon returning from CFRA leave, employees are entitled to reinstatement to the same or a comparable position.  

California Occupational Safety and Health Act (Cal/OSHA)  

The California Occupational Safety and Health Act (Cal/OSHA), under Labor Code § 6400, requires employers to:  

• Provide a safe and healthy workplace free from known hazards.  
• Implement safety measures and training to prevent workplace injuries and illnesses.  

Employees have the right to report unsafe conditions without retaliation (Labor Code § 6310).  

Whistleblower Protection Act  

Under California Labor Code § 1102.5, employees are protected from retaliation if they:  

• Report violations of state or federal laws to a government agency.  
• Refuse to participate in illegal activities.  
• Cooperate with investigations or testify in workplace legal proceedings.  

Employees who face retaliation can file complaints with the California Civil Rights Department or pursue a civil lawsuit for damages, including lost wages and emotional distress.