Know your rights at work

Who is protected

Federal wage law (the Fair Labor Standards Act) and California labor law protect workers for the work they actually performed, regardless of immigration status. That includes people paid in cash, people without a written contract, people called "independent contractors" who are really employees, day laborers, domestic workers, restaurant and car-wash workers, garment workers, farmworkers and construction workers.

California uses a strict test to decide whether someone is an employee or a contractor. Being paid in cash, or being handed a 1099, does not make you a contractor. If the business controls how, when and where you work, and your work is part of the business's normal activity, you are very likely an employee — with all the rights below.

Minimum wage

Every hour worked must be paid at least the minimum wage that applies where you work. California's state minimum is higher than the federal minimum, and many cities — including Los Angeles, West Hollywood, Santa Monica, Pasadena and others — set their own, higher rates. Some sectors (fast food, healthcare) have their own higher minimums. Tips cannot be counted toward the minimum wage in California. "Training" time, waiting time you are required to spend on site, and time putting on required equipment are all work time.

Overtime

In California, overtime is owed after 8 hours in a day or 40 hours in a week, at 1.5 times your regular rate, and after 12 hours in a day at double time. The seventh consecutive day of work in a week also earns overtime. "Salary" does not remove overtime unless you meet a strict exemption test. Being paid a flat daily rate does not remove overtime either.

Meal and rest breaks

• A 30-minute unpaid meal break before the end of the 5th hour of work, and a second one before the end of the 10th hour.
• A paid 10-minute rest break for every 4 hours worked or major fraction of it.
• If a break is denied or interrupted, you are owed one extra hour of pay for each day it happens (a "premium"), separately for meal and for rest violations.

Deductions, fees and equipment

An employer may not deduct from your pay for cash-register shortages, breakages, customer walk-outs, uniforms, tools or equipment required for the job, or "fees" for the privilege of working. Recruitment fees charged to you for the job are a serious warning sign — see trafficking indicators below.

Pay stubs and records

You are entitled to an itemized pay statement every pay period showing hours, rates, gross and net pay and deductions, and to see your own payroll records. An employer that pays in cash still owes you this. Missing or false pay stubs carry their own penalties in California.

Final pay

If you are fired, all wages including unused vacation are due immediately. If you quit with at least 72 hours' notice, they are due on your last day; without notice, within 72 hours. Late final pay accrues waiting-time penalties of a full day's pay for each day late, up to 30 days.

Sick leave

California guarantees paid sick leave to nearly all employees, accrued from the first day and usable after 90 days, and Los Angeles has its own higher requirement. You cannot be punished for using it.

Safety at work {#safety}

You have the right to a safe workplace, training in a language you understand, protective equipment provided at no cost, water, shade and rest in the heat, and to refuse work that presents a real and immediate danger. You can report unsafe conditions to Cal/OSHA without giving your name, and your employer may not punish you for it. If you are injured at work, you are entitled to workers' compensation — medical care and partial wage replacement — regardless of status. Report the injury to your employer as soon as possible and ask for the claim form (DWC-1).

Retaliation

It is illegal for an employer to fire, demote, cut hours, threaten or otherwise punish you because you asked about wages, filed a claim, reported a safety problem, took sick leave, or helped a co-worker do any of these. California specifically prohibits an employer from reporting or threatening to report immigration status because a worker asserted labor rights, and an employer that does so can face serious consequences. Retaliation complaints have deadlines — usually one year from the retaliation — so act quickly. See how to file.

Trafficking indicators

Some situations are more than wage theft. Speak to us immediately, and we will route you to specialized partners the same day, if any of these are true:

• You paid a recruitment fee or owe a "debt" to the employer or recruiter that never seems to shrink.
• Your passport, ID or documents are being held by someone else.
• You are not free to leave the job or the housing tied to it, or you are watched, locked in or threatened.
• You were promised one job and forced into another, or your pay is kept "for you".
• You are threatened with harm to you or your family, or with being reported, if you leave or speak.

Deadlines that matter

Most California wage claims can reach back three years (four in some cases). Retaliation complaints usually must be filed within one year. Workers' compensation injuries should be reported at once and claims filed within one year. Do not wait for the "right moment" — the clock runs from when the money was owed.

What this page is not

This is general information about rights that exist. It is not legal advice, and your situation may have details that change the answer. Contact us and we will connect you to a workers' rights clinic, legal aid organization or attorney who can look at your case — free or low-cost, and confidential.