California State Labor Laws

San Bernadino, CA: Jill is one of countless people who has been terminated without cause, and some employers take advantage of the California Labor Law. The state of California labor code presumes that employees are "at will", which means that employees working under an employment contract can only be terminated for reasons in their contract. [ Read More ]

Sacramento, CA: Katherine worked at a nutritional supplement company for just two months, but during that time she alleges that management constantly harassed her and several co-workers. She also claims that they are losing "thousands of dollars" from unpaid commissions. Sexual harassment and several forms of discrimination are often obvious violations of the California Labor Law, but Katherine and her co-workers likely need an employment lawyer to advise them if their hostile work environment complaints constitute violations of the California labor code . [ Read More ]

Los Angeles,CA: Even though US Federal labor law forbids an employer from discriminating against an employee on the basis of non-membership in a union, that federal statute doesn't appear to be mirrored by California labor laws, if a recent example is any indication. Like most states, California state labor law serves as an addendum to federal law—not as a replacement—and California labor employment law, if there are any holes, needs to be patched. [ Read More ]

California has unique state overtime pay laws that protect employees from extensive hours. With differences between state labor law and federal regulations on overtime pay, employers (especially multi-state corpora­tions) often may, either accidentally or intentionally, incorrectly classify employees to avoid paying overtime wages and therefore violate California labor laws.

California and Federal Employment labor laws secure an employee's civil rights to overtime pay and benefits while protecting against workplace harassment and discrimination. A leading California law firm is investigating labor law violations and providing free complaint evaluations for workers.

California labor law differs from federal labor law. California law states that hours worked beyond 8 hours per day qualify for overtime pay of one and one half times the regular hourly wage. Hours worked over 12 hours per day qualifies for overtime pay of two times the regular wage. Some employees may be classified as exempt and not qualify for overtime pay.

Meal and Rest Breaks: Employees can sue for violations of California meal and rest break provisions going back a period of three years. In addition, it is likely that employees would be able to go back a total of four years under unfair competition laws. Previously, the DLSE ("California Labor Board") had restricted the claims to only a one year period. ( During a five hour work day, an employee is required to receive a 30 minute break. During a ten-hour work day, an employee is required to receive two 30 minute breaks.)

California also has separate overtime pay laws for those in the computer software industry and for commissioned employees such as stock brokers. As of January1, 2008 the California Legislature passed a new law that will effectively eliminate overtime for a large portion of California's computer programmers. The law "resets" the minimum hourly rate of pay to $36.00 per hour. In 2001, a base rate of pay of $41.00 per hour was set, provided that it increase by a cost-of-living increase each year. Following these increases, the minimum pay was $49.77 for 2007. However, the new law sets the base rate to $36.00 and the cost-of-living increases will start being based on this number for 2009.

State and Federal laws also protect employees against harassment or discrimination in the workplace and The Lilly Ledbetter Fair Pay Act now makes it easier for workers who allege wage discrimination to sue their employers. The new rule increases the length of time during which employees can file claims for pay disparities.

Workplace Discrimination can include racial or national origin discrimination by religion, age, gender or sexual orientation, pregnancy, or reverse discrimination.



According to the Equal Employment Opportunity Commission (EEOC), the fastest growing areas of reported discrimination cases include pregnancy discrimination and religious discrimination.

California has a high rate of immigrant employees; many have Lawful Permanent Resident (LPR) or green cards or are working with H1, H1B or H2 Visas. These employees are also protected under California labor laws and anti-discrimination laws.