California Employee Rights: Workplace Discrimination, Wages, and Legal Protections

California employees have rights covering discrimination, wages, and workplace safety under state and federal laws. This guide outlines protections against unfair treatment, retaliation, and wage violations.

By Brad Nakase, Attorney

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. An Overview of California Employee Rights

3. Discrimination at Work

4. Discrimination on the basis of nationality, race, or religion

5. Sex or gender discrimination

6. Age-Based Discrimination

7. Discrimination against People who are disabled

8. When Wage & Hour Laws Are Broken by Employers

9. California’s Minimum Wage

10. Considerations for Overtime Compensation

11. Protection against Retaliation

Introduction

Given the scope of employment regulations, you might not be aware of your employer’s violations of your rights. In order for you to defend your liberties in California when the moment comes, the following information will help you comprehend them.

An Overview of California Employee Rights

Let’s begin by going over what you are entitled to as a California employee. All public employees are entitled to California employee rights, such as:

The privilege to work in an environment free from hazards that could lead to disease or harm
The entitlement to a fair payment for labor completed
The right to operate in a setting free from harassment or prejudice
The freedom from reprisal in the event that an employee files a complaint

Those searching for jobs in California are also entitled to some of these privileges under California employee rights. As a candidate/job applicant, you are granted the right to be free from discrimination.

An employer has no right to disqualify a job candidate/applicant based on age, gender, color, origin, or religion. The hiring company is not allowed to access the credit or the past history of a candidate without the candidate’s consent. To keep this broad overview in mind, let’s delve into a few details as they relate to each of these California employee rights.

Discrimination at Work

There are federal and state laws in California that protect you from discrimination at work.

Discrimination on the basis of nationality, race, or religion

According to Title VII (Civil Rights Act), the responsibility to prevent such forms of discrimination rests with employers that have 15 or more employees and operate in California.

The Equal Employment Opportunity Commission proposes the following definition when dealing with discrimination, providing further information about exactly how prejudice may manifest itself:

Prejudice against a worker/job application on the basis of race

Treating an applicant/candidate or an employee differently because of their physical attributes that are said to be affiliated with any one given race (facial features, color of the skin, or the texture of the hair)
Choosing to discriminate against an employee or a candidate on account of their skin tone
Treating a candidate or employee differently on the basis of being in close personal contact with a member of a certain race, skin color, country of origin, or religion

As you may observe, the prejudice may affect the California workers in some unforeseen ways. You have to understand this law to make sure that your employer does not break the law.

Sex or gender discrimination

The workers in California are often discriminated against in the workplace due to the configurations concerning sex or their gender identity. Any discrimination based on sexual orientation or being transgender may be regarded as discrimination on the basis of gender identity. Every kind of discrimination is guarded under Title VII (Civil Rights Act).

Under such circumstances, in what other way can prejudice manifest itself? An individual can be subjected to discrimination in the recruitment process, firing, job allocation, or training, among other processes. It is also critical to keep in mind that, regardless of gender or sex, all people should receive an equal salary when they do the same amount of work, and the Equal Pay Act is there to protect California employees.

Age-Based Discrimination

Age-based discrimination is another type of discrimination that California workers are protected against. Although it is not discussed as frequently as racial or sex discrimination, many people in California encounter this kind of discrimination, losing out on employment opportunities to younger applicants or workers. It is illegal for businesses to fire more experienced workers in favor of younger or even less expensive ones.

Discrimination against People who are disabled

Californians are also covered by the Americans with Disabilities Act. It protects against disability discrimination. This means that employers/businesses must provide an accessible employment environment to individuals with impairments, besides providing the handicapped/disabled employees the right to employment for which they are competent. Such changes can also comprise workplace changes in duties or time allocations.

When Wage & Hour Laws Are Broken by Employers

Some employees in California have the privilege of being covered by wage regulations, in addition to being safeguarded by discrimination laws. It is necessary to keep in mind that wage laws apply only to non-exempt employees. The issue of wage rules is that it does not, in an actual sense, protect the independently hired contractor, the part-time worker, or any other type of exempt worker.

Administrative, executive, or professional workers who work in managerial roles for over fifty percent of their working hours and are paid at least double the state’s minimum wage for permanent employment are considered exempt employees.

California’s Minimum Wage

You must be fully aware of the state’s minimum wage in order to comprehend how wage law affects you. Any worker in California employed by a business with twenty-six or more workers must be paid at least $15 per hour as of January 2022. Employees at businesses with 25 or fewer workers are required to make at least $14 per hour.

Given that the state’s minimum wage in California is twice the federal minimum wage per hour, this is where the state shines as a sanctuary for workers’ rights. Regardless of the federal wage rules, your company may be in violation of your California employee rights if you aren’t receiving this hourly amount in California.

Considerations for Overtime Compensation

You are also eligible for overtime compensation as a California employee. Whatever work happens to be over eight hours in one day or forty in a given week will have to be paid at the rate of time and a half. You will earn twice the normal rate when you work more than 8 hours on the 7th day of the work week, or in excess of 12 hours per day.

Protection against Retaliation

You have the right to speak up for yourself, denounce unlawful activity, and make claims, regardless of the kind of employment law infraction you are dealing with. Additionally, you are shielded from whatever reprisals your employer may take.

If you are fired in retaliation or if your liberties are being infringed upon at work:

Keep a copy of the employment contract with you and go over its terms.
Request to see the human resources file and the reasons for your termination if you are fired.
Never allow your boss to make you sign anything you don’t feel comfortable doing.

Above all, get in touch with a knowledgeable California employment law lawyer. Skilled attorneys provide the depth of understanding and expertise required to defend you in a labor law litigation.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

California Vacation Law Update 2025: Changes to Paid Leave, PFL Use, and Workplace Policies

California’s 2025 vacation law update adds new protections for employees, impacting paid leave, workplace meetings, and contractor agreements. Employers must adjust to expanded worker rights, anti-discrimination rules, and stricter compliance requirements taking effect January 1, 2025.

California Wage Statement Rules: What Must Be Shown and What to Do If Your Pay Stub Has Errors

California employers must provide accurate pay stubs detailing wages, deductions, hours, and other required information under state labor laws. Employees may seek penalties, back pay, and legal action if wage statements contain errors or missing details.

What Paid Holidays Are Mandatory in California? Employer Requirements, Exemptions, and Federal Worker Pay Rules

California law does not require private employers to provide paid holidays, though many offer them voluntarily for employee satisfaction. Federal employees in California may receive holiday premium pay, depending on eligibility and agency rules.

California Employee Rights: Workplace Discrimination, Wages, and Legal Protections

SB 616: Key Changes to California Paid Sick Leave Law Every Employer Should Know

California’s SB 616 increases paid sick leave from 24 to 40 hours, requiring policy updates for statewide employer compliance. Employers must adjust accrual, carryover, and usage rules, update handbooks, train staff, and ensure payroll accuracy.

Onboarding Paperwork Checklist: 10 Key Documents Every Employer Needs for New Hires

Onboarding paperwork supports compliance, payroll accuracy, and smooth integration for new hires with important legal, tax, and organizational documents. This checklist outlines 10 vital records employers should provide to support efficiency, clarity, and a positive start for every employee.

Resentment Examples at Work 6 Ways Workplace Tension Takes Hold

Resentment Examples at Work: 5 Ways Workplace Tension Takes Hold

Workplace resentment can silently erode trust, collaboration, and morale, leading to lasting cultural damage if left unchecked. Recognizing resentment examples helps address unresolved conflict, burnout, and broken promises before they harm productivity and team relationships.

How Many Hours Can You Work at 15? State-by-State Guide to Teen Work Limits in the U.S.

Teen work laws set limits on hours for 14- and 15-year-olds, varying by state and job type. Find out work restrictions, permitted jobs, and tips for landing your first position at 14 or 15 in the U.S.

CA Exempt Salary 2025: Minimum Wage and Exemption Updates for California Employers

California's 2025 exempt salary threshold increases to $68,640 annually, with minimum wage rising to $16.50 statewide. New laws also impact sick leave, union exemptions, captive audience meetings, and driver’s license requirements for job postings.

How Long to Keep Payroll Records in California: Employer Rules for 2025

Employers in California must retain payroll and personnel records for up to four years to remain compliant with 2025 regulations. Digital and physical storage methods, I-9 rules, and supervisor training responsibilities are also covered in the updated requirements.

California Fair Chance Act: Updates Employers Need to Know About Criminal History Rules

Employers in California must follow stricter rules on criminal history checks under the updated Fair Chance Act from October 2023. New regulations expand definitions, require tailored evaluations, and mandate written notices before rejecting candidates due to conviction records.

Breaks in California: Detailed Guide to Rest and Meal Break Rules for Employers

California employers must follow detailed rules for rest and meal breaks, including timing, written waivers, and compensation requirements. Improper or missed breaks can result in legal action, wage penalties, and issues related to industry-specific labor standards.

California Labor Code 1198.5: Employee Rights to Personnel Records and Employer Compliance Guide

Employees in California can request access to personnel and payroll records under strict timelines defined by Labor Code 1198.5. Employers must comply with requests within 21 to 30 days or face penalties for noncompliance with record access laws.

Reporting Time Pay in California: Worker Rights, Employer Rules, and How to Calculate It

California workers must be paid for reporting time if sent home early or given fewer hours than scheduled. This article covers when wages apply, what exceptions exist, and how employers calculate the correct amount under state law.

California Wrongful Termination Checklist: A Full Guide to Employee Rights and Legal Protections

Fired in California for reporting misconduct, discrimination, or taking leave? This checklist breaks down employee rights and wrongful termination claims.

California Labor Code 203: Employer Guide to Penalties, Defenses, and Compliance Measures

California Labor Code 203 imposes steep penalties for late final pay, requiring strict employer compliance. This guide covers penalty triggers, common mistakes, defenses, and steps to prevent wage claim liability.

When Is a Doctor’s Note Required for Work in California? Employee Rights, Sick Leave Rules, and Employer Policies

California employees can use paid sick leave without a doctor's note unless absences exceed three consecutive days. Employers may request documentation only if policies are applied fairly, non-retaliatory, and consistent with privacy laws.

California Labor Code 2699 Reform: What Employers Should Know About the 2024 PAGA Amendments

California’s 2024 PAGA amendments change employer obligations, lower penalties, and set faster resolution methods for labor disputes. Companies should check compliance policies, wage practices, and training to prevent costly Private Attorneys General Act claims.

California Termination Laws Final Pay: What Employees Should Know About Last Paychecks and Penalties

California employees are entitled to timely final paychecks after quitting or termination, with strict rules based on job type. Employers risk daily penalties up to 30 days if they delay owed wages or ignore payment regulations.

California Workplace Violence Prevention Plan: Employer Responsibilities

California employers must establish a Workplace Violence Prevention Plan by July 1, 2024, under Senate Bill 553 requirements. This plan includes risk assessments, employee training, incident reporting, crisis response, and recordkeeping to promote workplace safety.

Is It Illegal to Discuss Wages at Work? What Employers and Employees Should Know

Employees have the legal right to discuss wages at work, even if company policies say otherwise. Employers can support fair pay and open communication to help maintain trust and reduce workplace conflicts.

How Long to Keep Pay Stubs and Payroll Records: IRS, FLSA, and Legal Rules Business Owners Should Know

Keep payroll records and pay stubs organized to meet IRS, FLSA, and legal requirements for audits, claims, or disputes. Storing records digitally reduces space use and keeps documents available beyond the required minimum retention periods.

California Mileage Rate 2025: IRS Figure, Reimbursement Policy, and Employer Instructions

California’s mileage reimbursement rate in 2025 is 70 cents per business mile, covering fuel, maintenance, insurance, and depreciation. Employers must ensure reimbursement complies with Labor Code Section 2802 and requires accurate mileage records from employees.

California Labor Code Section 2802: Employer Reimbursement Rules for Work Expenses

California employers must reimburse workers for necessary expenses like phones, internet, mileage, and home office equipment. Employees can recover unpaid reimbursements through Labor Commissioner claims or class action lawsuits against violating employers.

Double Time California: When Employers Are Required to Pay Twice the Regular Hourly Rate and How It Is Calculated

California employers must pay double-time wages in situations like 12-hour shifts or working seven days without a break. This article covers who qualifies, common payroll mistakes, and how double-time compensation should be figured under California law.

Tip Pooling Rules in Every State: What Restaurant Owners Must Know

Tip pooling laws vary by state, affecting how restaurants manage tips and comply with federal and local wage rules. Restaurant owners are required to follow guidelines to avoid fines, lawsuits, and disputes over tip distribution and service charges.

How Long Does an Employer Have to Pay You After Payday in California: Legal Timeframes, Rules, and Consequences

Employers in California must pay wages on time or face fines, including back pay and waiting time penalties for delayed checks. Employees may pursue compensation for late or missing pay through legal claims tied to payroll violations under state labor law.

California Employee Rights: Workplace Discrimination, Wages, and Legal Protections

Introduction

An Overview of California Employee Rights

Discrimination at Work

Discrimination on the basis of nationality, race, or religion

Sex or gender discrimination

Age-Based Discrimination

Discrimination against People who are disabled

When Wage & Hour Laws Are Broken by Employers

California’s Minimum Wage

Considerations for Overtime Compensation

Protection against Retaliation

Free Consultation