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Time limits below come from the agency's own page. Other time limits can apply. When a time limit starts can depend on the facts. A lawyer can tell you which one applies.
Pay
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
What is the minimum wage in California right now?
It is $16.90 an hour for most workers, starting January 1, 2026. It goes up to $17.40 on January 1, 2027. Some cities, counties and jobs (such as fast food and some health care work) have a higher minimum.
Source: (Labor Commissioner, Minimum Wage FAQ) Labor Commissioner, Minimum Wage FAQ · (DIR news release, July 2026) DIR news release, July 2026
How often does an employer have to pay workers?
Most workers must be paid at least twice a month, on regular paydays set in advance. The employer must post the payday, time and place.
Source: (Labor Commissioner, Paydays FAQ) Labor Commissioner, Paydays FAQ
Can an employer take money out of a paycheck for a broken item or a cash shortage?
Generally not, unless the loss was caused by a dishonest or willful act, or by gross negligence (serious carelessness).
Source: (Labor Commissioner, Deductions FAQ) Labor Commissioner, Deductions FAQ
If my city has a higher minimum wage than the state, which one applies?
The Labor Commissioner says the employer must follow the rule that is best for the worker. When a city or county rate is higher, that rate applies.
Source: (Labor Commissioner, Minimum Wage FAQ) Labor Commissioner, Minimum Wage FAQ
What is the minimum wage for fast food workers?
Most fast food restaurant workers covered by the law have had a $20.00-an-hour minimum since April 1, 2024. Some locations are exempt, such as places that make bread on site.
Source: (Labor Commissioner, Fast Food Minimum Wage FAQ) Labor Commissioner, Fast Food Minimum Wage FAQ
Do workers paid by the piece still get the minimum wage?
Yes. The Labor Commissioner says piece-rate workers must still earn at least the minimum wage for each hour worked.
Source: (Labor Commissioner, How to File a Wage Claim) Labor Commissioner, How to File a Wage Claim
How soon after a pay period ends do workers get paid?
For weekly, every-two-weeks and similar pay periods, the general rule is within 7 calendar days after the pay period ends. Pay for the 1st through 15th of the month is due by the 26th, and pay for the 16th through the end of the month is due by the 10th of the next month.
Source: (Labor Commissioner, Paydays FAQ) Labor Commissioner, Paydays FAQ
Do workers get paid if they are sent home early or there is no work when they show up?
The rule is called "reporting time pay." When a worker reports to work as scheduled but gets less than half of the usual or scheduled day's work, the worker is paid for half the scheduled day, at least 2 hours and no more than 4. Some exceptions apply, such as a power outage or threats to safety.
Source: (Labor Commissioner, Reporting Time Pay FAQ) Labor Commissioner, Reporting Time Pay FAQ
Who pays for a required uniform?
The Labor Commissioner says that if an employer requires a uniform, the employer pays for it.
Source: (Labor Commissioner, Deductions FAQ) Labor Commissioner, Deductions FAQ
Does an employer have to pay back work costs, like using a personal car for work?
Labor Code 2802 says employers must pay back "all necessary expenditures or losses" a worker has because of the job, or because of following the employer's directions. Whether a certain cost counts can depend on the facts.
Source: (Labor Code 2802) Labor Code 2802
What is the time limit to file a claim for unpaid minimum wage?
The Labor Commissioner's page lists 3 years for minimum wage, overtime, breaks, sick leave, illegal deductions and unpaid reimbursements.
Source: (Labor Commissioner, How to File a Wage Claim) Labor Commissioner, How to File a Wage Claim
Breaks
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
When does a meal break have to start?
The Labor Commissioner says that, in general, when a work period is more than 5 hours, the meal break must be provided no later than the end of the 5th hour of work. In other words, it starts no later than the start of the 6th hour.
Source: (Labor Commissioner, Meal Periods FAQ (Q3)) Labor Commissioner, Meal Periods FAQ (Q3)
What happens if a meal break starts late or is not given?
The Labor Commissioner's FAQ says that when an employer does not provide a required meal break, the worker is paid 1 extra hour of pay at the regular rate for that workday ("meal period premium pay"). Whether a specific late break counts as "not provided" depends on the facts.
Source: (Labor Commissioner, Meal Periods FAQ (Q3, Q4)) Labor Commissioner, Meal Periods FAQ (Q3, Q4)
How many rest breaks do workers get?
A paid 10-minute rest break for each 4 hours worked, or "major fraction" (more than half) of 4 hours.
Source: (Labor Commissioner, Rest Periods FAQ) Labor Commissioner, Rest Periods FAQ
What happens if a rest break is not given?
The rule is that the employer pays 1 extra hour of pay at the worker's regular rate for each workday a required rest break is not given.
Source: (Labor Commissioner, Rest Periods FAQ (Q1, Q3)) Labor Commissioner, Rest Periods FAQ (Q1, Q3)
How long is a meal break?
At least 30 minutes, for a work period of more than 5 hours. If the whole workday is 6 hours or less, the worker and employer can both agree to skip it.
Source: (Labor Commissioner, Meal Periods FAQ) Labor Commissioner, Meal Periods FAQ
When is a second meal break required?
A second 30-minute meal break is required for workers who work more than 10 hours in a day. It must be provided no later than the end of the 10th hour. It can be skipped only in some cases.
Source: (Labor Commissioner, Meal Periods FAQ) Labor Commissioner, Meal Periods FAQ
Does a worker have to be free from all work during a meal break?
Yes, in general. The employer must relieve the worker of all duty for an uninterrupted 30 minutes and must not discourage the break. Otherwise it is an "on duty" meal break that is paid. On-duty meal breaks are allowed only when the nature of the work prevents relief, and there is a written agreement.
Source: (Labor Commissioner, Meal Periods FAQ (Q1, Q2)) Labor Commissioner, Meal Periods FAQ (Q1, Q2)
What if a worker chooses to work through a meal break?
If the employer truly gave the break and did not pressure the worker, the employer does not owe the extra hour of premium pay. The employer does still pay for any time it knew or had reason to know was worked.
Source: (Labor Commissioner, Meal Periods FAQ (Q5)) Labor Commissioner, Meal Periods FAQ (Q5)
Can a worker skip breaks to leave work early?
No. The Labor Commissioner says working through a meal or rest break does not allow a worker to leave early.
Source: (Labor Commissioner, Meal Periods FAQ (Q6)) Labor Commissioner, Meal Periods FAQ (Q6) · (Rest Periods FAQ (Q4)) Rest Periods FAQ (Q4)
When should a rest break happen?
As close to the middle of each work period as practical. If the work makes that hard, the break must still be given at another point in the work period.
Source: (Labor Commissioner, Rest Periods FAQ (Q2)) Labor Commissioner, Rest Periods FAQ (Q2)
Can an employer require workers to stay on site or keep a radio on during a rest break?
The Labor Commissioner says no. Rest breaks must be off duty, and "on-call" rest breaks are not allowed (citing the Augustus court case).
Source: (Labor Commissioner, Rest Periods FAQ (Q5, Q6)) Labor Commissioner, Rest Periods FAQ (Q5, Q6)
Does a bathroom trip count as a rest break?
No. The Labor Commissioner says an employer cannot require workers to count a separate bathroom trip as their rest break.
Source: (Labor Commissioner, Rest Periods FAQ (Q8)) Labor Commissioner, Rest Periods FAQ (Q8)
Overtime
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
When does overtime start in California?
For most hourly workers, overtime is 1.5 times the regular rate for hours over 8 in a day, over 40 in a week, and the first 8 hours on the 7th day in a row worked.
Source: (Labor Commissioner, Overtime FAQ) Labor Commissioner, Overtime FAQ
Does overtime have to be paid if the boss never approved it?
Yes. The Labor Commissioner says overtime is owed whether or not it was approved, for work the employer "knew or should have known about."
Source: (Labor Commissioner, Overtime FAQ) Labor Commissioner, Overtime FAQ
If a worker is on salary, does that mean no overtime?
Not by itself. To be "exempt" (no overtime), an office-type job generally must pay a salary of at least 2 times the state minimum wage for full-time work and pass a duties test. The U.S. Department of Labor says "job titles do not determine exempt status."
Source: (Labor Code 515) Labor Code 515 · (U.S. DOL Fact Sheet #17A) U.S. DOL Fact Sheet #17A
When is double time paid?
Double time (2 times the regular rate) is paid for hours over 12 in a day, and hours over 8 on the 7th day in a row.
Source: (Labor Commissioner, Overtime FAQ) Labor Commissioner, Overtime FAQ
Can a worker agree to give up overtime pay?
No. California law requires overtime pay even if there is an agreement to work for less.
Source: (Labor Commissioner, Overtime FAQ) Labor Commissioner, Overtime FAQ
What is the "regular rate" used for overtime?
It can include more than the hourly wage, such as piece-rate pay and commissions. Tips are not included.
Source: (Labor Commissioner, Overtime FAQ) Labor Commissioner, Overtime FAQ · (Tips FAQ (Q5)) Tips FAQ (Q5)
When does overtime pay have to show up on a paycheck?
The general rule is no later than the payday for the next regular pay period after the one in which the overtime was worked.
Source: (Labor Commissioner, Paydays FAQ) Labor Commissioner, Paydays FAQ
What is the minimum salary for an exempt job in California?
It is $70,304 a year in 2026 (2 × $16.90 × 40 hours × 52 weeks), and $72,384 a year starting January 1, 2027. The job must also pass a duties test: more than half of work time spent on exempt duties, using independent judgment.
Source: (Labor Code 515) Labor Code 515 · (DIR news release) DIR news release
Do farm workers get overtime?
Yes. Since 2022 at larger farms (26+ workers) and since January 1, 2025 at smaller farms, farm workers get overtime after 8 hours a day or 40 a week, and double time after 12 hours a day.
Source: (Labor Commissioner, Agricultural Overtime FAQ) Labor Commissioner, Agricultural Overtime FAQ
Do nannies, caregivers and housekeepers get overtime?
Yes, but the rules differ. Personal attendants get overtime after 9 hours a day or 45 a week. Other domestic workers who don't live in follow the 8-hour/40-hour rule, and live-in workers have special rules.
Source: (Labor Commissioner, Domestic Worker Bill of Rights FAQ) Labor Commissioner, Domestic Worker Bill of Rights FAQ
Getting fired or quitting
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
When is the final paycheck due if a worker is fired or laid off?
Right away, at the time the job ends, including earned vacation pay.
Source: (Labor Commissioner, Paydays FAQ) Labor Commissioner, Paydays FAQ
When is the final paycheck due if a worker quits?
With at least 72 hours' notice, it is generally due on the last day. Without that notice, it is generally due within 72 hours.
Source: (Labor Commissioner, Paydays FAQ) Labor Commissioner, Paydays FAQ
Who can get unemployment benefits?
EDD says unemployment is for eligible workers who lost their job or had hours cut "through no fault of their own." EDD also says: "If you are unsure if you are eligible ... apply."
Source: (EDD, Unemployment) EDD, Unemployment
What is the "waiting time penalty"?
If an employer pays final wages late on purpose (willfully), the rule adds 1 day's pay for each day late, up to 30 calendar days. It does not apply when there is an honest ("good faith") disagreement about whether wages are owed.
Source: (Labor Commissioner, Waiting Time Penalty FAQ) Labor Commissioner, Waiting Time Penalty FAQ
Can an employer hold back the final check until a worker signs something?
Even when there is a disagreement, the employer must pay the wages that are not in dispute, without requiring a release.
Source: (Labor Commissioner, Paydays FAQ) Labor Commissioner, Paydays FAQ
Is unused sick leave paid out when a job ends?
Generally no, unless the employer's policy pays it out. If the worker is rehired within 12 months, earned sick leave comes back.
Source: (Labor Commissioner, Paid Sick Leave) Labor Commissioner, Paid Sick Leave
How much does unemployment pay?
EDD lists $40 to $450 a week, based on past earnings. There is a 1-week unpaid waiting period, and most people must certify every 2 weeks and look for work.
Source: (EDD, Unemployment) EDD, Unemployment · (EDD, Eligibility) EDD, Eligibility
Can someone who was paid as a contractor apply for unemployment?
EDD says people who worked as independent contractors may still qualify, and that there is no penalty for applying.
Source: (EDD, Unemployment) EDD, Unemployment
Sick days and leave
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
How many paid sick days do workers get?
At least 40 hours or 5 days a year, whichever is more. This has been the rule since January 1, 2024.
Source: (Labor Commissioner, Paid Sick Leave) Labor Commissioner, Paid Sick Leave
Who qualifies for paid sick leave?
Workers who work at least 30 days in a year for the same employer in California, including part-time, per diem, temporary, IHSS and staffing agency workers. Sick leave can be used after the first 90 days on the job.
Source: (Labor Commissioner, Paid Sick Leave) Labor Commissioner, Paid Sick Leave
How is sick leave earned?
Under an earn-as-you-go plan, workers earn at least 1 hour for every 30 hours worked. An employer can cap total saved sick leave at 80 hours or 10 days.
Source: (Labor Commissioner, Paid Sick Leave) Labor Commissioner, Paid Sick Leave
What can sick leave be used for?
A worker's own illness, checkups or treatment, or caring for a family member. It can also be used for some reasons related to violence, and (since January 1, 2025) for jury duty or appearing in court as a witness.
Source: (Labor Commissioner, Paid Sick Leave) Labor Commissioner, Paid Sick Leave
Who counts as "family" for sick leave?
A child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or a "designated person."
Source: (Labor Commissioner, Paid Sick Leave) Labor Commissioner, Paid Sick Leave
Can an employer punish a worker for using sick leave?
No. The law forbids punishing a worker for using or trying to use earned sick leave.
Source: (Labor Commissioner, Paid Sick Leave) Labor Commissioner, Paid Sick Leave
Can a worker take time off to care for a seriously ill family member and keep the job?
CFRA (California Family Rights Act) gives eligible workers at employers with 5 or more employees up to 12 weeks of job-protected leave in a 12-month period. To be eligible, a worker must have more than 12 months on the job and 1,250 hours worked in the past 12 months. CFRA also covers bonding with a new child by birth, adoption or foster care.
Source: (Gov. Code 12945.2) Gov. Code 12945.2
What leave is there for pregnancy?
Pregnancy Disability Leave gives up to 4 months per pregnancy at employers with 5 or more employees. CFRA bonding leave can come after it.
Source: (CRD, Employment) CRD, Employment
Is there pay during family leave?
EDD's Paid Family Leave pays part of a worker's wages for up to 8 weeks in a 12-month period. EDD says it "provides benefit payments but not job protection."
Source: (EDD, Paid Family Leave) EDD, Paid Family Leave
Is there pay for a worker who can't work because of an illness or injury that is not work-related?
EDD's Disability Insurance pays about 70% to 90% of past wages, up to a maximum, for up to 52 weeks. A doctor must certify the disability.
Source: (EDD, DI Benefit Amounts) EDD, DI Benefit Amounts
Discrimination and harassment
Whether a rule was broken depends on the facts. CRD, the EEOC or a lawyer can look at a specific situation.
What traits are protected from job discrimination in California?
CRD lists race, color, ancestry, national origin, religion, creed, age (40+), disability, sex and gender (including pregnancy and breastfeeding), sexual orientation, gender identity and expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making.
Source: (CRD, Employment) CRD, Employment
Does the discrimination law apply to small businesses?
California's discrimination rules apply to employers with 5 or more employees. Federal EEOC laws cover most employers with 15 or more (20 for age).
Source: (CRD, Employment) CRD, Employment · (EEOC, Overview) EEOC, Overview
Is harassment illegal at a very small workplace?
Yes. CRD says harassment is prohibited in all workplaces, even those with fewer than 5 employees.
Source: (CRD, Employment) CRD, Employment
Are interns, volunteers and contractors protected from harassment?
Yes. CRD says the harassment rules protect employees, applicants, unpaid interns, volunteers and contractors.
Source: (CRD, Employment) CRD, Employment
Does immigration status matter for filing a discrimination complaint?
No. CRD says the law applies to California workers regardless of citizenship or immigration status, and CRD does not ask about it.
Source: (CRD, Employment) CRD, Employment
Can a worker with a disability get time off as an accommodation?
CRD says a worker with a disability may be entitled to leave or time off as a "reasonable accommodation" (a change that helps a worker do the job).
Source: (CRD, Employment) CRD, Employment
How long is there to file with CRD?
CRD's page says that in employment cases, the intake form must be submitted within 3 years of the date the person was last harmed.
Source: (CRD, Complaint Process) CRD, Complaint Process
How long is there to file with the EEOC?
The EEOC page says generally 180 calendar days, extended to 300 days where a state agency like CRD enforces a similar law.
Source: (EEOC, Time Limits) EEOC, Time Limits
Retaliation (punishment for speaking up)
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
Can an employer fire or punish a worker for complaining about pay?
The Labor Code (section 98.6) protects workers who file a wage claim or complain that they are owed wages.
Source: (Labor Commissioner, Laws that Prohibit Retaliation) Labor Commissioner, Laws that Prohibit Retaliation
Are workers protected for reporting unsafe conditions?
Yes. Labor Code 6310 protects workers who complain about unsafe working conditions. Cal/OSHA keeps the name of the person who complained private unless they ask otherwise.
Source: (Labor Commissioner, Laws that Prohibit Retaliation) Labor Commissioner, Laws that Prohibit Retaliation · (Cal/OSHA, Complaints) Cal/OSHA, Complaints
What is a whistleblower, and what protects them?
Labor Code 1102.5 protects a worker who reports a possible broken law to a government agency, a boss, or someone who can fix it. It also protects workers who refuse to take part in something illegal.
Source: (Labor Commissioner, Laws that Prohibit Retaliation) Labor Commissioner, Laws that Prohibit Retaliation
What is the "90-day rule" for retaliation?
For some protections, if an employer takes action against a worker within 90 days of a protected action, the law presumes it was retaliation. The employer can try to show otherwise.
Source: (Labor Commissioner, Laws that Prohibit Retaliation) Labor Commissioner, Laws that Prohibit Retaliation
Can workers talk with each other about pay or conditions?
Federal labor law protects most private-sector workers who act together about pay or working conditions, with or without a union. The NLRB's examples include two or more workers talking to their employer about improving pay.
Source: (NLRB, Employee Rights) NLRB, Employee Rights
Is it retaliation to punish someone for filing with CRD?
CRD says it is illegal for covered employers to retaliate against workers because they asserted their rights under the anti-discrimination law.
Source: (CRD, Employment) CRD, Employment
How long is there to file a retaliation complaint with the Labor Commissioner?
The Labor Commissioner's page says most complaints must be filed within 1 year, with some exceptions listed there.
Source: (Labor Commissioner, How to File a Retaliation Complaint) Labor Commissioner, How to File a Retaliation Complaint
Contractor or employee
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
How does California decide if someone is an employee or a contractor?
California uses the "ABC test." It starts by treating the worker as an employee. The business must prove all 3 parts to call the worker an independent contractor.
Source: (Labor Commissioner, Independent Contractors FAQ) Labor Commissioner, Independent Contractors FAQ
What are the 3 parts of the ABC test?
(A) The worker is free from the company's control. (B) The work is outside the company's usual business. (C) The worker usually runs their own independent business of that kind.
Source: (Labor Commissioner, Independent Contractors FAQ) Labor Commissioner, Independent Contractors FAQ
Does signing a contractor agreement make someone a contractor?
Not by itself. A business cannot decide a worker's status just by using the label "independent contractor" or by requiring a contractor agreement.
Source: (Labor Commissioner, Independent Contractors FAQ) Labor Commissioner, Independent Contractors FAQ
Does the ABC test apply to every job?
No. Some jobs use an older test called "Borello," and there are other exceptions.
Source: (Labor Commissioner, Independent Contractors FAQ) Labor Commissioner, Independent Contractors FAQ
What is "misclassification"?
It is the official term for treating an employee as an independent contractor. The Labor Commissioner may hold a hearing to decide whether a worker was misclassified.
Source: (Labor Commissioner, How to File a Wage Claim) Labor Commissioner, How to File a Wage Claim
Tips
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
Who do tips belong to?
Tips belong to the workers they were left for. Employers and their agents cannot take or share in them (Labor Code 351).
Source: (Labor Commissioner, Tips FAQ) Labor Commissioner, Tips FAQ
Can an employer pay less than minimum wage because a worker gets tips?
No. Unlike federal rules, California does not allow a "tip credit." Workers get the minimum wage plus their tips.
Source: (Labor Commissioner, Tips FAQ (Q8)) Labor Commissioner, Tips FAQ (Q8)
When do tips left on a credit card have to be paid out?
By the next regular payday after the customer paid.
Source: (Labor Commissioner, Tips FAQ (Q2)) Labor Commissioner, Tips FAQ (Q2)
Can an employer take credit card fees out of tips?
No. The full tip shown on the card goes to the worker.
Source: (Labor Commissioner, Tips FAQ (Q3)) Labor Commissioner, Tips FAQ (Q3)
Can an employer require tip sharing?
Yes, tip pools among staff in the "chain of service" are allowed if they are fair. Owners, managers and supervisors cannot be in the pool.
Source: (Labor Commissioner, Tips FAQ (Q4)) Labor Commissioner, Tips FAQ (Q4)
Is a "service charge" the same as a tip?
Maybe. It depends on what customers understood the charge to be for, along with the contracts and industry practice.
Source: (Labor Commissioner, Tips FAQ (Q6)) Labor Commissioner, Tips FAQ (Q6)
Do tips count toward the overtime rate?
No. Tips are not part of the regular rate of pay for overtime.
Source: (Labor Commissioner, Tips FAQ (Q5)) Labor Commissioner, Tips FAQ (Q5)
Filing a claim and finding a lawyer
Whether a rule was broken depends on the facts. The agency or a lawyer can look at a specific situation.
How is a wage claim filed?
Online, by email, by mail or in person with the Labor Commissioner's Office. It is free, and the Labor Commissioner says labor laws protect all workers regardless of immigration status.
Source: (Labor Commissioner, How to File a Wage Claim) Labor Commissioner, How to File a Wage Claim
How can someone find a lawyer?
The State Bar certifies Lawyer Referral Services. Their lawyers are in good standing, carry professional liability insurance, and offer a first meeting for a reduced fee or free. The directory can be searched by language.
Source: (State Bar, Lawyer Referral Service) State Bar, Lawyer Referral Service
Is there free legal help?
The State Bar funds legal aid groups for people with low and moderate incomes.
Source: (State Bar, Free Legal Help) State Bar, Free Legal Help
What happens after a wage claim is filed?
Within 30 days, a deputy decides the first step: a conference, a hearing, or dismissal. A conference is an informal meeting to try to settle. No one is under oath.
Source: (Labor Commissioner, Wage Claim Procedures) Labor Commissioner, Wage Claim Procedures
What is a wage claim hearing like?
People testify under oath, and the hearing is recorded. Each side can bring documents and witnesses and can have an interpreter. A written decision (an "ODA") follows within 15 days, and either side can appeal it to court.
Source: (Labor Commissioner, Wage Claim Procedures) Labor Commissioner, Wage Claim Procedures
Does a worker need their own time records to file a wage claim?
No. The Labor Commissioner says keeping records is the employer's legal duty, and workers are not required to have them. Copies help if the worker has them. Originals should not be sent.
Source: (Labor Commissioner, Wage Claim Procedures) Labor Commissioner, Wage Claim Procedures
How is a discrimination complaint filed with CRD?
By submitting an intake form online, by mail, or by phone at 800-884-1684. CRD investigates as a neutral fact-finder and charges no fees.
Source: (CRD, Complaint Process) CRD, Complaint Process · (CRD, Employment) CRD, Employment
Is CRD needed before going straight to court?
CRD says that in employment cases, a person must get a "Right-to-Sue" notice from CRD before filing their own lawsuit.
Source: (CRD, Complaint Process) CRD, Complaint Process
What is a contingency fee?
The lawyer is paid a share of any money recovered. California law requires a written, signed contract that states the rate, explains costs, and says the fee "is not set by law but is negotiable."
Source: (Business and Professions Code 6147) Business and Professions Code 6147
What should someone bring to meet a lawyer?
The State Bar says to bring all papers related to the problem, plus the names, addresses and phone numbers of everyone involved.
Source: (State Bar, Selecting an Attorney) State Bar, Selecting an Attorney
What is arbitration?
The California courts say: "a neutral person called an 'arbitrator' hears arguments and evidence from each side and then decides the outcome of the dispute." What any one agreement means is a question for a lawyer.
Source: (Judicial Branch of California, Types of ADR) Judicial Branch of California, Types of ADR
What is PAGA?
The Private Attorneys General Act lets workers sue for state penalties for Labor Code violations, on behalf of the state and other affected workers. It starts with a written notice to the state agency (LWDA) and the employer, and a $75 fee that can be waived.
Source: (LWDA, PAGA FAQs) LWDA, PAGA FAQs
Can workers get help in Spanish or other languages?
Yes. The Labor Commissioner (833-526-4636) offers phone interpreters, and wage claim hearings allow an interpreter. CRD offers interpretation at 800-884-1684. EDD, the EEOC and the State Bar have translated pages.
Source: (Labor Commissioner, How to File a Wage Claim) Labor Commissioner, How to File a Wage Claim · (CRD, Complaint Process) CRD, Complaint Process
Keeping records
Whether a rule was broken depends on the facts. The Labor Commissioner or a lawyer can look at a specific situation.
What must a pay stub show?
Nine items, including gross and net pay, total hours, all deductions, the pay period dates, the employer's legal name and address, and every hourly rate with the hours worked at each rate. Only the last 4 digits of the Social Security number may appear.
Source: (Labor Code 226) Labor Code 226
What records does the Labor Commissioner suggest workers keep?
The Labor Commissioner's page tells workers to write down start and end times every day, meal and rest breaks, and total hours, and to keep all pay stubs.
Source: (Labor Commissioner, How to File a Wage Claim) Labor Commissioner, How to File a Wage Claim
Can workers get copies of their pay records?
Yes. Current and former workers can ask, in writing or out loud. The employer must respond within 21 calendar days.
Source: (Labor Code 226) Labor Code 226
Can workers see their personnel file?
Yes. Current and former workers can ask in writing. The employer must allow it within 30 calendar days.
Source: (Labor Commissioner, Personnel Files FAQ) Labor Commissioner, Personnel Files FAQ
Is it legal to secretly record a conversation at work?
California Penal Code 632 makes it a crime to record a confidential (private) conversation without the consent of everyone in it. A recording made that way generally cannot be used as evidence in court or at an agency hearing.
Source: (Penal Code 632) Penal Code 632
Does a pay stub show sick leave?
The Labor Commissioner says the pay stub shows hours of paid sick leave accrued (earned).
Source: (Labor Commissioner, How to File a Wage Claim) Labor Commissioner, How to File a Wage Claim
Can workers get a copy of papers they signed when hired?
Yes. On request, an employer must give a copy of any paper the worker signed about getting or keeping the job (Labor Code 432).
Source: (Labor Commissioner, Personnel Files FAQ) Labor Commissioner, Personnel Files FAQ
Can warehouse workers ask about their quota?
Yes. At covered warehouse distribution centers, employers must give workers a written description of each quota. Workers can ask for their quota and work speed data.
Source: (Labor Commissioner, Warehouse Quotas FAQ) Labor Commissioner, Warehouse Quotas FAQ · (Laws that Prohibit Retaliation) Laws that Prohibit Retaliation
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