California Employment Law Attorneys
Understanding your rights as an employee under California employment law, including FEHA, the California Labor Code and the California Family Rights Act.
Overview of California Employment Law
California employment law protects employees in hiring, pay, scheduling, leave, discipline and termination. It applies to workers in San Bernardino County, Riverside County and across the state, and it often reaches further than federal law.
Key protections come from the California Fair Employment and Housing Act (FEHA), which bans discrimination, harassment and retaliation; the California Labor Code, which sets wage, overtime, break and final pay rules; and the state's leave laws, including the California Family Rights Act (CFRA) and pregnancy disability leave. Federal law, such as Title VII, the ADA and the FMLA, applies on top of these protections.
California law gives employees some of the strongest workplace protections in the country, and many of them apply at employers with as few as five employees.
At-Will Employment in California
California is an at-will state by statute: a job with no specified term can be ended by either side on notice (Lab. Code 2922). But a termination cannot be based on discrimination, retaliation, protected leave, whistleblowing or another reason that violates California law or public policy.
Wrongful Termination
A firing is unlawful when the real reason is discrimination, retaliation, protected leave or a violation of public policy.
Whistleblower Protections
Employees who report suspected violations of law to an agency, a supervisor or someone with authority to investigate are protected (Lab. Code 1102.5).
Employment Agreements
Contracts and written promises can limit when you may be fired, while most non-compete agreements are void in California (Bus. & Prof. Code 16600).
Understanding Your Rights Under California Employment Law
California employment law differs significantly from Nevada and federal law. Knowing which rules apply where you work, and which agency handles your claim, can decide the outcome of your case.
California Fair Employment and Housing Act (FEHA)
FEHA is California's main law against workplace discrimination, harassment and retaliation (Gov. Code 12900 and following).
Who is covered: employers with 5 or more employees for discrimination and retaliation (Gov. Code 12926(d)), and employers of any size for harassment (Gov. Code 12940(j)).
Protected characteristics: race (including hair texture and protective hairstyles), color, religious creed, national origin, ancestry, disability, medical condition, genetic information, marital status, sex (including pregnancy and breastfeeding), gender, gender identity and expression, sexual orientation, age (40 and over), reproductive health decisionmaking, and military or veteran status (Gov. Code 12940(a)).
Retaliation: illegal for opposing discrimination, filing a complaint or helping an investigation (Gov. Code 12940(h)).
Disability: employers must reasonably accommodate and engage in a timely, good faith interactive process (Gov. Code 12940(m), (n)).
California Wage & Hour Law (Labor Code)
California's wage rules are stricter than federal law and stricter than Nevada's.
Minimum wage: $16.90 an hour statewide in 2026 (Lab. Code 1182.12). Many fast food workers earn at least $20.00, covered health care workers have higher rates, and some cities set their own minimum.
Overtime: time and a half after 8 hours in a day or 40 in a week; double time after 12 hours in a day; special rules for the seventh consecutive day (Lab. Code 510).
Meal and rest breaks: a 30-minute meal break before the end of the fifth hour and a paid 10-minute rest break for every 4 hours, with one extra hour of pay for each missed break (Lab. Code 512, 226.7).
Final paycheck: due immediately if you are fired and within 72 hours if you quit without notice; a willful delay can cost the employer up to 30 days of wages (Lab. Code 201, 202, 203).
Exempt salary: at least $70,304 a year in 2026, plus a duties test, to be exempt from overtime (Lab. Code 515).
California Leave Laws (CFRA and Pregnancy Disability Leave)
CFRA: up to 12 weeks of job-protected family and medical leave at employers with 5 or more employees, after more than 12 months of service and 1,250 hours (Gov. Code 12945.2).
Pregnancy disability leave: up to 4 months, plus reasonable accommodation, at employers with 5 or more employees (Gov. Code 12945).
Paid sick leave: at least 40 hours or 5 days a year (Lab. Code 246).
Lactation: break time and a private space that is not a bathroom (Lab. Code 1030, 1031).
California Civil Rights Department (CRD)
The CRD enforces FEHA. Employees generally have 3 years from the unlawful act to file a complaint (Gov. Code 12960), and 1 year to file a lawsuit after receiving a right-to-sue notice (Gov. Code 12965). Filing with the CRD can pause the deadline to file a lawsuit. Inland Empire complaints are handled by the CRD's Riverside office, and federal charges with the EEOC are generally due within 300 days.
California Key Facts (2026)
| Minimum Wage | $16.90/hr statewide |
|---|---|
| Daily Overtime | After 8 hrs/day |
| Double Time | After 12 hrs/day |
| Missed Break | 1 extra hour of pay |
| Anti-Discrimination | FEHA, Gov. Code 12940 |
| FEHA Employer Size | 5+ employees |
| Harassment Coverage | Any employer size |
| CRD Filing Deadline | 3 years |
| Lawsuit After Notice | 1 year |
| EEOC Deadline | 300 days |
| Whistleblower Statute | Lab. Code 1102.5 |
| Family Leave | CFRA, 5+ employees |
| Paid Sick Leave | 40 hrs or 5 days |
California vs. Nevada: Key Differences
| California | Nevada |
|---|---|
| $16.90 minimum wage | $12.00 minimum wage |
| Daily overtime for all nonexempt workers | Daily overtime only under $18.00/hr |
| Premium pay for missed breaks | No statutory break premium |
| FEHA covers 5+ employees | NRS 613 covers 15+ employees |
| CRD: 3 years to file | NERC: 300 days to file |
| CFRA leave at 5+ employees | No state family leave law |
| Paid sick leave at all employers | Paid leave at 50+ employees |
| Most non-competes void | Non-competes allowed with limits |
California Employment Law Services for Employees
Every claim is evaluated under California law, together with federal law, by an attorney admitted in California.
01 . Wrongful Termination
Wrongful Termination
Fired for a complaint, protected leave or a protected trait.
04 . Discrimination
Race Discrimination
Including hair texture and protective hairstyles.
05 . Pregnancy Discrimination
Pregnancy Discrimination
Pregnancy disability leave and accommodation.
07 . Retaliation
Retaliation & Whistleblowing
FEHA and Labor Code 1102.5 protections.
08 . Discrimination
Disability Discrimination
Accommodation and the interactive process.
09 . Retaliation
CFRA Leave Retaliation
Denied or punished for family or medical leave.
11 . Worker Rights
Hospitality Worker Rights
Rotecting hospitality workers’ rights to fair pay, safety, and respect.
12 . Discrimination
Age Discrimination
Protecting employees from age discrimination in hiring, promotions, pay, and workplace treatment.
California Employment Law FAQs
The California Fair Employment and Housing Act (FEHA) is California's main law against workplace discrimination, harassment and retaliation. It covers employers with 5 or more employees for discrimination, protects employees from harassment at employers of any size, and is enforced by the California Civil Rights Department (Gov. Code 12900 and following).
You generally have 3 years from the unlawful act to file a complaint with the California Civil Rights Department (Gov. Code 12960). After you receive a right-to-sue notice, you generally have 1 year to file a lawsuit (Gov. Code 12965). A federal charge with the EEOC is generally due within 300 days.
California's statewide minimum wage is $16.90 an hour in 2026. Many fast food workers must be paid at least $20.00 an hour, covered health care workers have higher rates by facility type, and some cities set a higher local minimum. The state has announced $17.40 an hour starting January 1, 2027.
Nonexempt employees earn time and a half after 8 hours in a workday, after 40 hours in a workweek, and for the first 8 hours on the seventh consecutive day of work. Double time applies after 12 hours in a workday and after 8 hours on the seventh consecutive day (Lab. Code 510).
Yes. Employers with 5 or more employees must provide up to 4 months of pregnancy disability leave (Gov. Code 12945) and, for eligible employees, up to 12 weeks of job-protected family and medical leave under the California Family Rights Act (Gov. Code 12945.2). Your employer cannot punish you for taking protected leave.
California presumes you are an employee. A business can treat you as an independent contractor only if it proves all three parts of the ABC test: you are free from its control, your work is outside its usual course of business, and you have an independently established business of your own.
Generally, no. California law makes most non-compete agreements void, and an employer cannot enforce a void non-compete no matter where or when it was signed (Bus. & Prof. Code 16600, 16600.5).
Yes. We represent employees throughout San Bernardino and Riverside Counties under California law, with free, confidential consultations in English or Spanish. Call (888) 785-9923.