California Employment Law Overview

California Labor Code – Major Divisions

The California Labor Code includes a collection of civil statutes that dictate the rights and obligations of both employers and employees in California. It covers topics ranging from minimum wage and employee benefits to workplace safety and workers’ compensation. 

This collection of statutes is divided into six main divisions, each of which has several chapters. Here is what you need to know. 

Division 1: Department of Industrial Relations

Division 1 governs the Department of Industrial Relations (DIR), whose mission is to improve working conditions in California and advance opportunities for profitable employment. The DIR includes several important government divisions, such as:

• The Division of Labor Standards Enforcement
• The Division of Workers’ Compensation
• The Occupational Safety and Health Standards Board
• The Women in Construction Priority Unit

Division 2: Employment Regulation and Supervision

Division 2 covers basic laws and standards employers must meet, such as:

• Wage and hour laws in California
• Overtime rules
• Meal and rest break laws
• Wage theft protections

It also includes the Private Attorneys General Act (PAGA), which allows employees to sue for labor code violations on behalf of the state. 

Division 3: Employment Relations

Division 3 of these California employment law statutes addresses employer-employee relationships, such as:

• Contracts
• Trade secrets
• Termination procedures

If you are considering a wrongful termination case in California, our attorneys may use Division 3 to show how your employer acted unlawfully. 

Division 4: Workers’ Compensation and Insurance

Division 4 describes the workers’ compensation system, which provides benefits to employees injured on the job. It clarifies that workers’ compensation complaints are heard before the Workers’ Compensation Appeals Board (WCAB) and details the proceedings in these cases.

The interpretation of Division 4 has been heavily litigated. If you are appealing a workers’ compensation case, we will likely reference these statutes frequently.

Division 4.5: Workers’ Compensation and Insurance: State Employees Not Otherwise Covered

Division 4.5 focuses specifically on the workers’ compensation provisions for state employees. It details the benefits provided by workers’ compensation insurance for these employees.

Division 4.7: Retraining and Rehabilitation

Division 4.7 regulates the referral of state employees to rehabilitation and retraining services after becoming injured and no longer being able to perform their previous job duties. These employees have the opportunity to be retrained for other positions in public service.

Division 5: Safety in Employment 

Division 5 establishes the conditions for a safe workplace and the mechanisms for enforcing these conditions. These statutes also describe the authority of California’s Division of Occupational Safety and Health (Cal/OSHA).

Cal/OSHA is responsible for conducting workplace inspections, investigating work-related accidents and OSHA complaints, and issuing citations and fines for non-compliance.

Other Key Employment Statutes in California

Other California employment law statutes often apply to our clients’ cases. Learn more about your rights as a California employee under these acts. 

Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act (FEHA) provides protection from employment discrimination based on a range of characteristics. An employer cannot discriminate against you due to your:

• Age
• National origin
• Race
• Disability
• Marital status
• Religion
• Sex
• Sexual orientation
• Gender
• Gender identity
• Medical condition

FEHA also protects workers against verbal and physical harassment in the workplace, including hostile work environments. It requires employers to make reasonable accommodations for those with disabilities. 

California Family Rights Act (CFRA)

The California Family Rights Act (CFRA) provides eligible employees up to 12 weeks of unpaid, job-protected leave for family and medical purposes. Eligible employees are those who have worked for the employer for at least 12 months and worked at least 1,250 hours in that period. Their employer must also have at least five employees for them to be eligible. 

Family and medical reasons that employees may claim include:

• Bonding with a newborn child
• Recovering from a serious health condition that makes them unable to perform their job duties
• Caring for a family member with a serious health condition
• Meeting any qualifying exigencies when a family member is called for active duty in the military

California Equal Pay Act 

The California Equal Pay Act prohibits employers from paying employees of the opposite sex different wages for performing substantially similar work under similar working conditions. While this act primarily applies to gender pay gaps, it can also protect workers from unfair pay based on race, ethnicity, or other protected characteristics. 

California WARN Act

The California Worker Adjustment and Retraining Notification (WARN) Act requires employers to give at least 60 days’ notice before a mass layoff, relocation, or plant closure. This act applies to organizations with 75 or more employees.

A mass layoff is one that affects 50 or more employees within a 30-day period, regardless of the percentage of the workforce. A relocation occurs when an organization moves to a location more than 100 miles away. 

Assembly Bill 5 (AB5)

California’s Assembly Bill 5 (AB5) applies to independent contractors. It prevents employers from misclassifying employees by codifying the scope of the “ABC” test, which states that a worker must be classified as an employee unless:

• They operate independently from the company’s direction and control,
• They perform services outside the employer’s usual course of business, and
• They engage in an independently established occupation of the same nature as that involved in the services they are performing.

Employees are entitled to certain protections, such as minimum wage laws and workers’ compensation benefits. 

Seek Legal Assistance With Employment Law From D.Law

These California employment law statutes can help you build a strong case against your employer. Whether you are seeking a California wrongful termination case, pursuing workers’ compensation, or holding your employer accountable for retaliation, our attorneys at D.Law can help you protect your rights under these and other statutes. 

Contact us at 818-275-5799 today to request a consultation with our employment law attorneys.