The labor market is in a period of flux, with key headlines involving a rapid downsizing in the federal workforce, as well as companies’ responses to shifting tariffs.
More than 150,000 Californians are employed by the federal government, according to the most recent data available. And 1.3 million Californians work in manufacturing, as well as 830,000 in transportation and logistics — both industries that quickly feel tariffs.
With the uncertainty in the air, it’s worth a reminder of key rights of California workers, both on the job and after a job ends. Last year, a survey found that state workers routinely dealt with labor law violations because of employer noncompliance, and the workers often put up with it because they didn’t know their rights or lacked an advocate to help them.
These are general requirements; some specific exceptions may apply.
Wages
In California, workers must be paid at least $16.50 per hour — and more for certain occupations or in certain localities. That rate adjusts annually (only up) with inflation.
If you work overtime (more than eight hours a day or 40 hours a week for most sectors), you usually are due 1.5 times your typical hourly rate for the extra time. If you work more than 12 hours in a day, you may be due doubletime.
Your employer must pay you on a regular schedule at least twice a month, providing an explanation of your pay.
Employers are not allowed to label you as an “independent contractor,” thus avoiding certain pay and benefits requirements, if they control most aspects of your work (such as schedule, uniform, etc.).
They also can’t use tricks to work the system, as a Wingstop owner found out via an investigation that brought a $1.7 million settlement. He had disguised his ownership of five locations, and he used clever scheduling to switch employees around during the workday so as to avoid meal break and overtime requirements.
Breaks
You must receive a 10-minute paid rest break for every four hours of work, and you must get a minimum 30-minute meal break after no more than five hours of work.
Safety
Employers are expected to provide a safe workplace by identifying and fixing hazards, having a health and safety plan, and training employees accordingly. Employers must track any workplace injuries/illnesses that need more medical attention than First Aid, as well as notify the state if an employee is killed or seriously injured at work.
There also are requirements for protections from specific hazards.
For example, employers must protect outdoor workers from high temperatures (with some requirements starting at 82 degrees), providing water, shade and cool-down areas, cool-down rest periods, training about heat illness prevention, and high-heat plans for dealing with temperatures above 95 degrees.
Retaliation
The law protects you if you point out your rights to your employer, report unsafe working conditions, cooperate with a state investigator, or file a claim with the state. You cannot be fired or punished for these actions.
Benefits for Injury, Unemployment or Family Need
Employers must pay for medical care for work-related injuries/illnesses and carry workers’ compensation insurance so you can be paid if those health problems prevent you from working.
Certain employers are required to provide at least 60 days’ notice before a mass layoff, plant closure or relocation. Support may be available to help during these events.
If you are unemployed or have your hours reduced, you can apply for unemployment benefits from the California Employment Development Department.
California offers certain rights for eligible employees who need to take leave from a job for family reasons (unpaid, but with job protection). In addition, paid family leave benefits may be available to help with short-term wage replacement.
When workers stand up for their rights, it improves conditions for everyone. This overview is a great starting point, but an experienced employment lawyer can provide more specific guidance about situations or circumstances.
Keller Grover advocates for workers, helping you better understand your rights, protections and options. In more than 25 years litigating fraud and employment cases, we have recovered hundreds of millions of dollars for clients and class members. If you’ve faced or suspect mistreatment in the workplace, contact us for a free, confidential consultation.