California has some of the most robust employment laws in the country, and it is committed to protecting each and every employee and ensuring they are paid fairly. When an employee walks through the door of their workplace, they are entitled to several rights, which their employer must honor. If you are an employee in California, it is important to know San Diego employee rights as they are your first line of protection in the workplace.
What Are My Rights as an Employee in CA?
As an employee in California, you have a right to be protected, to be treated fairly, and to be paid fairly. These umbrellas can be broken down into more specific rights and policies. For 2025, California’s governor has signed new laws that protect employees, including:
- Phasing out subminimum wages for standard minimum wage for workers with disabilities
- Providing sick leave for farm workers during inclement or dangerous weather
- Building upon safety standards and training for live events like concerts and festivals
- Guaranteeing higher pay for freelance workers
- Removing unnecessary driver’s license requirements
- Addressing food deserts in marginalized communities
In addition to these more recent changes, here are standard rights employees can enjoy in California:
- The right to fair wages with the current minimum wage being increased to $16.50.
- The right to recover unpaid wages in the event of wage theft, underpayment, or nonpayment of overtime wages.
- The right to report discrimination or harassment without the threat of retaliation.
- The right to report retaliation.
- The right to report labor violations.
- The right to a safe work environment.
California Labor Code Enforcement
Your rights as a California employee are protected and supported by several agencies. The California Civil Rights Department handles discrimination and harassment cases, the Division of Labor Standards Enforcement (DLSE) ensures fair wages, and the California Employment Development Department (EDD) works to ensure employees receive unemployment insurance, disability insurance, and paid family leave.
Although your lawyer may defend you in court if you make a claim against your employer, you typically make claims through one of these departments. Your lawyer can help navigate the claims process as well as ensure you have the necessary evidence to increase your chances of success.
Examples of Employee Rights Violations
While California has some of the most employee-friendly and protective labor laws in the country, sometimes employers take advantage of their employees and violate their rights. Examples of employee rights violations include, but are not limited to, the following:
- Discrimination: It is not only unfair but illegal to discriminate against someone for characteristics outside of their control. This can include race, age, sex, gender, religion, disability status, or citizenship status. Employers may also discriminate for other reasons, such as veteran status or pregnancy. None of these are acceptable and can be met with serious consequences.
- Sexual harassment: If an employer makes unwanted sexual advances toward an employee or even makes suggestive remarks, this is considered sexual harassment. Sexual harassment may also involve exchanging work favors for sexual favors. Either way, employers may be in hot water if they choose to sexually harass their employees.
- Hostile work environment: A hostile work environment is any environment created that makes it impossible for a person to complete their job. Sometimes, this comes in the form of discrimination or harassment, but other times, it can be in the form of making excessive lewd, sexual, or racist comments or jokes.
- Retaliation: Most employees are a part of a protected class and can legally engage in protected actions. If an employee engages in a protected action like reporting illegal activity, reporting a labor law violation, or even taking time off for allotted leave, they should be protected from retaliation. This means an employer should not be able to punish the employee by termination, demotion, or non-selection, for instance.
These are just some examples of employee rights violations, and they each come with their own consequences, usually in the form of restitution. In order to be compensated for an employer’s labor law violation, hiring an experienced lawyer may prove invaluable. At Jimenez Loayza, APC, we are employment lawyers who fight for our clients with care and compassion.
FAQs About Employee Rights Law in San Diego,CA
Q: What Are My Rights as an Employee in CA?
A: In general, as an employee in California, you have the right to be protected, to safety, to be respected, and to be paid fairly. Specifically, you have the right to be protected against harassment and all forms of discrimination, to be paid minimum wage, overtime, and for protected leave such as pregnancy leave or medical leave. You also have the right to file a complaint against your employer if they violate your rights in any way.
Q: What Is the 4-hour Rule in California?
A: The 4-hour rule in California, also known as the reporting time pay law, is meant to ensure employees receive some form of pay if they have to leave early from work or if they were sent home for some reason. The rule states that employees should receive at least half of their pay for a scheduled shift if they are not provided their full work hours.
Q: Who Enforces Employee Rights in California?
A: There are several agencies that enforce employee rights in California. First, the California Civil Rights Department handles discrimination cases, while the Division of Labor Standards Enforcement (DLSE) ensures employees are paid fairly and that work conditions are safe for employees. Another important agency is the California Employment Development Department (EDD), which handles unemployment insurance claims.
Q: What Are My Rights if I Get Fired in California?
A: If you are fired in California, you have many rights. Even though California is an at-will employment state, meaning that either employer or employee can end employment at any time, there are cases where a person can be unlawfully fired. If you believe you have been wrongfully terminated because your employer broke the law, you have the right to be compensated and to initiate a claim against your employer.
Contact Jimenez Loayza, APC Today
As an employee in California, you are entitled to a plethora of rights. Most people spend the majority of their time at work; therefore, they should be treated fairly and ethically, they should be respected, and they should be kept safe. If this does not occur, and your employer acts illegally, you should get intouch with the attorney at Jimenez Loayza, APC, contact us today for a free consultation.