If you work in California, you have some of the strongest workplace rights in the United States. Knowing these rights is important because it helps you recognize when something is unfair — and more importantly, when it’s illegal. Employers do not always follow the law, and sometimes workers don’t even realize their rights have been violated until it’s too late.
This guide explains 10 key employee rights in California that every worker should know. Whether you are starting your first job, working part-time, or employed full-time, understanding these protections can make a big difference in your career and personal life.
1. The Right to Overtime Pay
In California, if you are a non-exempt employee, you have the right to earn overtime pay when you work beyond certain limits. Overtime is 1.5 times your regular pay rate.
You are entitled to overtime if you work:
- More than 8 hours in a single workday,
- More than 40 hours in a workweek, or
- More than 6 consecutive days in a week.
You are also entitled to double your pay if you:
- Work more than 12 hours in a single day, or
- Work more than 8 hours on the seventh consecutive day of a workweek.
Some employers try to get around this by misclassifying workers as “exempt” or calling them “independent contractors.” If your boss is making you work extra hours without paying overtime, it may be wage theft, and you can file a claim with California’s Labor Commissioner.
2. The Right to Meal and Rest Breaks
California law guarantees you time to rest and eat during the workday. If you are a non-exempt employee:
- You must receive a 10-minute paid rest break for every 4 hours worked (or a “major fraction” of 4 hours).
- If you work more than 5 hours, you get a 30-minute unpaid meal break.
- If you work more than 10 hours, you get a second 30-minute meal break.
Your boss cannot pressure you to skip breaks or make you work through them. If they do, you may be entitled to extra pay for missed breaks.
3. The Right to Protection from Discrimination
California has some of the strongest anti-discrimination laws in the country. Your employer cannot treat you unfairly because of your:
- Race, skin color, or traits associated with race (like hair texture)
- Religion or religious practices
- Gender or sex (including pregnancy or breastfeeding)
- Age (if you are 40 or older)
- Disability or medical condition
- Sexual orientation, gender identity, or gender expression
- Marital status
- National origin or ancestry
- Military or veteran status
If you are denied a job, promotion, training, or fair treatment because of any of these reasons, it is discrimination. You can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). If your complaint isn’t resolved, you can file a lawsuit.
4. The Right to Protection from Sexual Harassment
Sexual harassment at work is illegal. It usually takes two forms:
- Hostile work environment: Repeated or severe unwanted comments, behavior, or actions that make the workplace intimidating, hostile, or offensive.
- Quid pro quo harassment: When a manager or supervisor offers job benefits (like promotions or raises) in exchange for sexual favors, or threatens negative consequences if you refuse.
Sexual harassment is prohibited under both California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964. It’s important to know that harassment does not have to be physical — it can also include degrading jokes, inappropriate comments, or suggestive behavior.
If this happens to you, document what occurred and consider filing a complaint with HR, CRD, or EEOC.
5. The Right to Family and Medical Leave
Sometimes you need time away from work for important personal reasons. Both state and federal laws protect you here:
- Under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), you may take up to 12 weeks of unpaid leave in a year to:
- Care for your own serious health condition,
- Care for a sick family member, or
- Bond with a new child (by birth, adoption, or foster care)
During this time, your employer must:
- Continue your health insurance, and
- Allow you to return to the same or a similar job.
Employers cannot fire you, demote you, or retaliate against you for taking protected leave.
6. The Right to Minimum Wage
California’s minimum wage is higher than the federal minimum wage. As of 2025, the state minimum wage is $16.50 per hour. Some cities, like Los Angeles and San Francisco, require even higher minimum wages.
If your employer pays you less than the legal minimum, they are breaking the law. Minimum wage laws apply to nearly all workers, except for certain exempt employees.
Remember: your employer cannot ask you to “agree” to work for less than the minimum wage. That agreement would not be valid under California law.
7. The Right to Protection from Retaliation
If you stand up for your rights at work, your boss cannot legally punish you. Retaliation happens when your employer takes negative action against you because you:
- Reported discrimination, harassment, or unsafe working conditions,
- Filed a complaint about unpaid wages or overtime,
- Asked for reasonable accommodations for a disability or religious practice,
- Discussed wages with your coworkers, or
- Participated in a workplace investigation.
Retaliation can include being fired, demoted, denied promotions, given unfair performance reviews, or harassed at work. If you believe your boss retaliated against you, keep detailed records and seek legal advice.
8. The Right to Workplace Safety and Privacy
California law requires employers to keep workplaces safe. Your boss must:
- Provide safe equipment and protective gear,
- Fix hazards quickly, and
- Follow state and federal safety regulations.
You have the right to report unsafe conditions to Cal/OSHA or the federal OSHA without being punished.
You also have certain privacy rights at work. Your employer generally cannot search your personal belongings (like your purse, backpack, or locker) without a good reason. You also have some privacy for personal conversations and phone calls, although this does not apply to company-owned devices like work phones or computers.
9. The Right to Sick Leave
California law requires employers to give you paid sick leave. You earn at least 1 hour of sick leave for every 30 hours worked. For full-time employees, this adds up to at least 40 hours of paid sick leave per year.
You can use sick leave for:
- Your own illness or medical appointment,
- A family member’s illness or appointment, or
- Certain safety-related reasons, such as dealing with domestic violence or stalking.
Many employers provide more generous sick leave policies, but by law, you are guaranteed this minimum protection.
10. The Right to Protection from Wrongful Termination
California is an “at-will” employment state, which means your employer can generally fire you without giving a reason. However, there are exceptions. Your boss cannot fire you for:
- Discrimination (race, gender, age, disability, etc.),
- Retaliation for whistleblowing or reporting violations,
- Filing a workers’ compensation claim,
- Taking family or medical leave, or
- Exercising other legal rights.
If you were terminated for one of these reasons, it may be a case of wrongful termination, and you could be entitled to compensation or even reinstatement.
What to Do If Your Rights Are Violated
If you believe your workplace rights have been violated in California, here are some steps you can take:
- Document everything — keep emails, messages, schedules, pay stubs, and notes about incidents.
- Request your personnel file and review your employee handbook or contract.
- Report the issue to HR or your supervisor in writing.
- File a complaint with the appropriate agency:
- Wage issues → California Labor Commissioner
- Discrimination or harassment → CRD or EEOC
- Safety violations → Cal/OSHA
- Consult an employment attorney if the problem continues or if you’re unsure about your rights.
Depending on the case, you may be able to recover:
- Back pay and lost wages,
- Benefits you were denied,
- Compensation for emotional distress,
- Reinstatement to your job, or
- Attorney’s fees and court costs.
Final Thoughts
California gives workers strong legal protections, but those protections only matter if you know about them and use them. Employers sometimes rely on employees not knowing the law, which is why educating yourself is so important.
By understanding these 10 employee rights, you’ll be better prepared to recognize illegal treatment and take action if your rights are violated. If you ever feel unsure, don’t hesitate to reach out to a qualified employment law attorney — they can guide you through the process and help you fight for the fairness you deserve.