Understanding California Employment Laws: Statutory Employees

California employment laws govern the relationship between employers and employees, and they cover a range of rights and responsibilities. These laws apply not only to current employees but also to former workers and job applicants. California employees are protected by some of the most comprehensive employment laws in the country, which grant them additional rights and benefits beyond federal laws. These include protections in areas such as wages, meal and rest breaks, discrimination and harassment, time off from work, privacy, and other aspects of employer-employee relations. However, it is important to distinguish between different classifications of workers, such as statutory employees, common law employees, and independent contractors, as not all California employment laws apply equally to each category.

Wage and hour laws

Overtime

California's overtime provisions generally state that non-exempt employees aged 18 or older (or minors aged 16-17 who are not required by law to attend school) should not work more than eight hours a day or 40 hours a week unless they receive one-and-a-half times their regular rate of pay for the extra hours. Working more than 12 hours in a day or more than six days a week entitles employees to double their regular rate of pay for the additional hours.

There are exemptions and exceptions to these rules. For example, certain employees are exempt from overtime requirements, including executive, administrative, and professional employees who meet specific criteria. Additionally, some industries, like agriculture, have special rules for overtime pay.

Meal and Rest Breaks

Employees in California are entitled to a paid 10-minute rest break for every four hours worked and an unpaid 30-minute meal break if they work more than five hours. If an employee works more than ten hours, they are entitled to a second 30-minute meal break, which they can waive if they work no more than 12 hours in a day.

Sick Leave, Pregnancy Disability Leave, and Family Leave

Employees in California are entitled to at least one hour of paid sick leave for every 30 hours worked. Additionally, they can take up to four months of unpaid pregnancy disability leave and 12 weeks of unpaid family leave through the CFRA.

Jury Service Leave

Employees are also entitled to unpaid leave for jury service.

Meal and rest breaks

In California, non-exempt employees are entitled to one 30-minute meal break if they work more than five hours in a workday. This break must be uninterrupted and duty-free, and it must start before the end of the fifth hour of work. If an employee works more than ten hours, they are entitled to a second 30-minute meal break, which must start before the end of the tenth hour. Employees can waive their right to a meal break if they work six hours or less, and they can waive their second meal break if they work no more than twelve hours and did not waive their first meal break. However, they cannot waive both breaks in one workday.

Employers are not required to ensure that employees take their meal breaks, but they must provide the opportunity for employees to take these breaks. Employers must also ensure that employees are relieved of all duties during their meal breaks and are given a reasonable opportunity to take an uninterrupted break. If an employer fails to provide a meal break, they must pay the employee one additional hour of regular pay for each workday that the meal break was not provided.

In addition to meal breaks, California employees are entitled to rest breaks. For every four hours worked (or "major fraction" thereof), employees must be given a 10-minute paid rest break. This break must be uninterrupted, and employees must be relieved of all duties and provided with a suitable resting place. If an employee works at least 3.5 hours in a day, they are entitled to one rest break; if they work over six hours, they are entitled to a second rest break; and if they work over ten hours, they are entitled to a third. Rest breaks should be taken in the middle of each work period, and employees cannot be required to remain on the work premises during their breaks.

Workplace safety

Employees have the right to refuse unsafe work, and employers cannot retaliate against them for doing so. If employees feel their workplace is unsafe, they can request an inspection by the Division of Occupational Safety & Health, and they have the right to know the results. They can also file a complaint with the Division of Occupational Safety & Health if they observe or suspect safety or health issues. It is important to note that employees should first discuss any concerns with their supervisor or employer and give them a chance to rectify the situation.

The Cal/OSHA sets out specific requirements for employers to ensure workplace safety. These include establishing an injury and illness prevention program, inspecting workplaces for hazards, providing safe tools and equipment, using warning signs and labels, and providing medical examinations and training when necessary. Employers must also report serious injuries, illnesses, or deaths of employees promptly.

Failure to adhere to Cal/OSHA standards can result in significant penalties for employers, including civil and criminal penalties. These penalties are designed to emphasize the importance of maintaining a safe workplace and protecting the health and well-being of employees.

Additionally, HR professionals play a crucial role in maintaining workplace safety. They are responsible for safety program development, compliance, and procedures for protecting trade secrets and general workplace access. HR also collaborates with corporate safety and health officers to educate employees about potential hazards and helps provide or procure necessary training.

California's safety standards are considered rigorous and address issues more scrupulously than federal OSHA laws. This includes specific standards related to heat illness prevention, ergonomics, and hazard communication.

In summary, workplace safety is a critical aspect of California employment laws, and both employers and employees have important roles to play in ensuring a safe and healthy working environment. Complying with Cal/OSHA standards is essential to protect workers and avoid penalties.

Anti-discrimination and anti-harassment laws

California's anti-discrimination laws are some of the most comprehensive in the US, protecting employees from discrimination based on characteristics such as race, ethnicity, religion, gender, sexual orientation, age, and disability.

California's Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees based on protected characteristics. This includes discrimination in hiring, firing, promoting, pay, job duties, and training. The FEHA also prohibits harassment in the workplace, including sexual harassment, and requires employers to take steps to prevent and address harassment.

The FEHA applies to employers with five or more employees, and it protects employees, unpaid interns, volunteers, and independent contractors. The law also holds individual employees who engage in unlawful harassment personally liable.

California law specifically prohibits discrimination and harassment based on the following:

• Race
• Sex or gender, including gender identity and expression, and sexual orientation
• Pregnancy, childbirth, or related medical conditions
• Age (40 and over)
• Ancestry or national origin
• Religion or religious creed
• Disability
• Marital status
• Medical condition (cancer and genetic characteristics)
• Genetic information

California's anti-discrimination laws also protect employees from being required to use a particular language in the workplace unless it is justified by business necessity.

Employers in California must take the following steps to prevent and address harassment:

• Take all reasonable steps to prevent discrimination and harassment.
• Implement a policy to prevent and address discrimination and harassment, including a procedure for employees to make complaints and for the employer to investigate those complaints.
• Inform all personnel of their rights and any obligations to secure those rights.
• Conduct thorough, objective, and complete investigations of any complaints, interviewing anyone with information and communicating the results to the relevant parties.
• Take prompt and effective corrective action if harassment is found to have occurred, including taking steps to prevent further harassment and remedy any damages suffered by the complainant.
• Post the California Civil Rights Department's (CRD) discrimination and harassment poster in the workplace.
• Distribute the CRD's sexual harassment fact sheet or an equivalent information sheet to all employees.
• Provide mandatory sexual harassment training to supervisors and nonsupervisory employees.

Employees who believe they have been subjected to discrimination or harassment in the workplace can file a complaint with the CRD or the Federal Equal Employment Opportunity Commission (EEOC). If an employer is found to have violated the FEHA or other California labor laws, they may be sued by the victim and investigated and penalized by the state. Victims of discrimination may be entitled to monetary damages, compensation for out-of-pocket expenses, and awards for pain and suffering or emotional distress.

Wrongful termination

In California, wrongful termination refers to the unlawful dismissal of an employee by their employer. This occurs when an employer fires an employee for reasons that violate state or federal laws.

Grounds for a Wrongful Termination Claim

The most common grounds for wrongful termination claims in California include:

• Discrimination or reporting violations of the California Fair Employment and Housing Act (FEHA)
• Whistleblower activities
• Implied contract violations by the employer
• Public policy violations by the employer
• Filing a workers' compensation claim or reporting a work injury
• WARN Act violations by the employer (in cases involving mass layoffs)
• Taking employee leave or making wage and hour complaints

Examples of Wrongful Termination

Some examples of wrongful termination include:

• Termination based on an employee's pregnancy status
• Retaliation for taking family or medical leave
• Retaliation for complaints of sexual harassment
• Whistleblower retaliation
• Retaliation for complaining about wage law violations
• Violation of public policy, such as terminating an employee for performing a statutory obligation or refusing to violate a statute

Remedies for Wrongful Termination

If a court finds that an employee's firing is a violation of California law, they may be entitled to financial recovery in the form of damages, including:

• Compensatory damages for lost wages, benefits, and emotional distress
• Punitive damages to punish the employer for willful wrongdoing
• Attorney's fees

Frequently asked questions