Employment Law

In California, "use it or lose it" vacation policies that require you to forfeit accrued vacation time are illegal. Your earned vacation time is considered a form of wages that cannot be taken away on...

Yes, you can file a workplace safety complaint with the California Division of Occupational Safety and Health (Cal/OSHA), and you have a legal right to request that your name and information be kept c...

If your employer fails to provide required lactation accommodation, you should contact the California Labor Commissioner's Office for missed break pay and the California Civil Rights Department for th...

To report an employer for paying less than the local minimum wage, you must gather your pay records and file a formal wage claim with the California Labor Commissioner's Office. The process is free, a...

To file a complaint for being denied a job or promotion due to your credit history, you must first file a claim with the California Civil Rights Department (CRD). Here are the steps to take to protect...

You have legal protections under California's Fair Pay Act. You can take action by gathering evidence of the pay disparity and filing a formal complaint with a state agency or by consulting with an at...

In California, a non-compete agreement is almost always void and unenforceable against an employee. Here's how to determine if your agreement falls under this general rule. Step 1: Locate and review ...

California law allows eligible employees who are victims of domestic violence, sexual assault, or stalking to take job-protected time off for specific safety and recovery purposes. Here are the steps ...

Yes, under California law, you can take paid time off to vote on Election Day if you do not have enough time to vote during your non-work hours. Your employer is required to pay you for up to two hour...

California law requires your employer to provide an itemized wage statement, or paystub, with nine specific pieces of information every time you are paid. Here is how to check if your paystub is compl...

You can report your employer for failing to carry workers' compensation insurance by filing a complaint with the California Division of Labor Standards Enforcement (DLSE). This action is confidential ...

Under California law, your employer must pay you all final wages immediately upon termination, even if the business is closing suddenly. Here are the steps to take to secure your final paycheck. Step...

You can file a claim for Paid Family Leave (PFL) benefits online through the California Employment Development Department (EDD) or by submitting a paper form. The process requires you to submit a clai...

To appeal a denial of unemployment benefits, you must file a formal appeal with the California Unemployment Insurance Appeals Board (CUIAB) within 30 days and present your case at a hearing. Here is t...

Under California law, you have the right to submit a written rebuttal to inaccurate information in your personnel file, and your employer is required to include it. Here is how to correct or add a re...

In California, employers are legally prohibited from installing or using video cameras in restrooms, locker rooms, or any room designated for changing clothes. Surveillance in employee break rooms is ...

In California, it is illegal for your employer to fire you for serving on a jury. You have legal options to seek reinstatement to your job and recover lost wages. Here are the steps you can take to g...

To get a "Right to Sue" notice, you must file a formal complaint with the California Civil Rights Department (CRD) and then either request the notice immediately or wait for the CRD to finish its revi...

To prove retaliation for taking legally protected leave in California, you must show a direct connection between your leave and a negative action your employer took against you. You need to demonstrat...

California law forbids employers from asking about your salary history, your criminal record before a conditional job offer, and any personal characteristics protected by the Fair Employment and Housi...

In California, you have a legal right to use up to half of your annually accrued paid sick leave to care for a sick family member. This right is protected under the state's "kin care" law. Here is ho...

To legally implement an Alternative Workweek Schedule (AWS), you must follow a strict proposal and secret ballot election process with your employees and then report the results to the state. Failure ...

Under California law, if you report to a scheduled shift but are sent home early, your employer must generally pay you "reporting time pay" for at least half of your scheduled shift. Here is how to h...

Forcing you to work off-the-clock is illegal in California, and you have the right to recover your unpaid wages. You should take immediate steps to document the unpaid time and file a formal claim. S...

To calculate your regular rate of pay for overtime, you must add all your compensation for a workweek (hourly pay, commissions, non-discretionary bonuses) and then divide that total by all hours you w...

In California, your employer can only require a drug test if they have a specific, legally recognized reason that outweighs your constitutional right to privacy. Testing is generally limited to pre-em...

You can challenge a false reference by formally requesting your personnel file, sending a cease and desist letter, and gathering evidence to prove the statements are knowingly false and have caused yo...

In California, an employer must make a conditional job offer to an applicant before inquiring about their criminal history or conducting a background check. The process is strictly regulated to ensure...

To start your workers' compensation claim, you must report your injury to your employer, complete the "Employee" section of the DWC-1 Claim Form they provide, and return it to them. The act of returni...

To protect your right to a workers' compensation claim, you must immediately report your injury to your employer in writing and file an official claim form. Following these steps is critical to securi...

In California, you can report employer misclassification by filing claims or reports with the Labor Commissioner's Office and the Employment Development Department (EDD). Here is the procedure for doi...

To determine if you have been misclassified, you must apply California's "ABC test." Under this test, you are legally considered an employee unless the hiring entity can prove that all three of its sp...

Under the California WARN Act, your employer must provide you with 60 days' advance written notice before a qualifying mass layoff, relocation, or plant closure. Here is what you should expect from y...

In California, a termination is "wrongful" if your employer fired you for an illegal reason, which creates an exception to the state's "at-will" employment rule. Here is how to determine if your situa...

To file for unemployment benefits in California, you must gather your personal and employment information and submit an application online through the EDD's UI Online system as soon as you are laid of...

To apply for Pregnancy Disability Leave (PDL), you must give your employer reasonable notice of your need for leave and, if requested by your employer, provide a medical certification from your health...

To take leave under the California Family Rights Act (CFRA), you must give your employer reasonable advance notice and, if requested, provide a certification from a healthcare provider or other approp...

To use California's paid sick leave, you must first accrue the leave by working and then verbally or in writing notify your employer of your need to use it. Here’s how to apply for and use paid sick l...

To properly handle sexual harassment, you must meticulously document every incident, formally report it to your employer through their specified channels, and file an official complaint with the Calif...

To formally request a reasonable accommodation, you must notify your employer that you need a change at work due to a medical condition or disability and then participate in a collaborative discussion...

To file a discrimination complaint, you must submit an intake form to the California Civil Rights Department (CRD) online, by mail, or by phone before the legal deadline. Here is how to complete the p...

If your California employer retaliates against you for reporting a safety violation, you can file a complaint with a state agency and potentially pursue a lawsuit. You must act quickly because strict ...

Under California Labor Code Section 2802, your employer must reimburse you for all necessary and reasonable expenses you incur to perform your job, including the business use of your personal cell pho...

Under California law, you have the right to request and receive a copy of your personnel file by submitting a written request to your current or former employer. The employer must provide the records ...

To determine your legal classification, you must satisfy both a minimum salary test and a specific job duties test; a job title or being paid a salary is not enough. Here is how to determine your stat...

If your employer makes illegal deductions from your paycheck, you should gather your pay records and file a wage claim with the California Labor Commissioner's Office to recover the unpaid wages. Her...

In California, your employer must give you your final paycheck immediately if you are fired. If you quit, they must pay you within 72 hours, or on your last day if you gave at least 72 hours' notice. ...

To calculate your overtime pay with different hourly rates, your employer must use a "blended" or "weighted average" regular rate of pay for that workweek. This ensures your overtime compensation refl...

California law requires employers to provide specific, duty-free meal and rest breaks for non-exempt employees and to pay penalties for any missed breaks. Here are the steps to ensure compliance. Ste...

To file a wage claim for unpaid wages, you must complete and submit a claim form to the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). The pr...