California Employment Laws for Employers

California minimum wage is $16.90 per hour for all employers (effective January 1, 2026); higher industry-specific or local minimums may apply. (California minimum wage (U.S. DOL WHD State Minimum Wage Laws table))

“California Basic Minimum Rate (per hour): $16.90”

“Effective January 1, 2026, the minimum wage is $16.90 per hour for all employers, not otherwise covered by a higher minimum wage specific to an industry or a locality.”

dol.gov · dir.ca.gov

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Most wages must be paid at least twice during each calendar month on days designated in advance as regular paydays (with some exceptions). (U.S. DOL WHD State Payday Requirements, footnote 10)

“In California, wages, with some exceptions, must be paid at least twice during each calendar month on the days designated in advance as regular paydays.”

“All wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays.”

dol.gov · leginfo.legislature.ca.gov

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• Second meal period: An employee working more than 10 hours per day must get a second meal period of at least 30 minutes; it may be waived by mutual consent if total hours are no more than 12 and the first meal period was not waived. (California Labor Code section 512 (U.S. DOL WHD meal period table))

  “An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.”

  “An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.”

  dol.gov · leginfo.legislature.ca.gov · verified Sep 27, 2026 · 2 official sources

• General rule: An employee working more than 5 hours per day must get a meal period of at least 30 minutes (½ hour); it may be waived by mutual consent if the workday is no more than 6 hours. (California Labor Code section 512 and IWC Orders (U.S. DOL WHD meal period table))

  “½ hour, if work is for more than 5 hours per day, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.”

  “An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.”

  dol.gov · leginfo.legislature.ca.gov · verified Sep 27, 2026 · 2 official sources

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Paid 10-minute rest period for each 4 hours worked or major fraction thereof, in the middle of each work period as practicable; not required when total daily work time is less than 3 and ½ hours. (California Industrial Welfare Commission Orders (U.S. DOL WHD rest period table))

“California Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours.”

“Employers of California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof.”

dol.gov · dir.ca.gov

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• Accrual: California paid sick leave: under an accrual plan employees earn at least one hour of paid sick leave for every 30 hours worked (employers may use another regular accrual schedule or front-load instead). (Cal. Labor Code § 246)

  “(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to”

  “In general terms (and subject to some exceptions), employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work (the 1:30 schedule).”

  leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official pages from the same agency

• Accrued balance cap: Employers may cap an employee's total accrued paid sick leave at 80 hours or 10 days (whichever is more). (Cal. Labor Code § 246)

  “(j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 80 hours or 10 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section.”

  “Yes, but an employer may limit or cap the overall amount of sick leave an employee may accrue to 10 days or 80 hours, whichever is more.”

  leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official pages from the same agency

• Annual cap: Employers may limit an employee's use of paid sick leave to 40 hours or five days per year (whichever is more), the minimum they must allow since January 1, 2024. (Cal. Labor Code § 246)

  “However, an employer may limit an employee’s use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period.”

  “Starting on January 1, 2024, an employer must allow an employee to use at least five days or 40 hours, whichever is more (refer to DLSE Opinion Letter 2015.08.07).”

  leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official pages from the same agency

• Effective date: The current minimum of 40 hours or five days of paid sick leave per year applies from January 1, 2024. (Cal. Labor Code § 246)

  “(4) Forty hours or five days in each year of employment, calendar year, or 12-month period beginning January 1, 2024.”

  “Starting on January 1, 2024, employers must generally provide 5 days or 40 hours of paid sick leave to their employees in California.”

  leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official pages from the same agency

• Employee eligibility: Employees who work in California for the same employer for 30 or more days within a year are entitled to paid sick leave (including part-time, per diem and temporary employees). (Cal. Labor Code § 246)

  “(a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section.”

  “All employees who work at least 30 days for the same employer within a year in California, including part-time, per diem, in-home supportive services (IHSS) providers, and temporary employees, are covered by this law with some narrow exceptions.”

  leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official pages from the same agency

Note: Some California cities and counties have their own paid sick leave ordinances. Employers there must comply with both and give the more generous benefit; state law wins on a few listed topics, such as pay timing. (Cal. Labor Code § 245 et seq.; CA Labor Commissioner Paid Sick Leave FAQ)

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California recognizes a tort claim for wrongful termination in violation of public policy (Tameny v. Atlantic Richfield Co.), an exception to the at-will rule of the Labor Code. (Order, No. 4:13-cv-02835-DMR (N.D. Cal. July 18, 2014), citing Tameny v. Atl. Richfield Co., 27 Cal.3d 167 (1980); Order, No. 5:15-cv-05457 (N.D. Cal.), quoting Freund v. Nycomed Amersham, 347 F.3d 752, 758 (9th Cir. 2003), on Tameny v. Atlantic Richfield Co., 610 P.2d 1330 (Cal. 1980))

“exception to the employment at-will doctrine is recognized where the employee’s termination was”

“recognizing a tort cause of action for wrongful terminations that violate public policy.”

govinfo.gov · govinfo.gov

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California's statutory at-will presumption can be overcome by an agreement, express or implied in fact, that the employee will be fired only for good cause; courts look at the totality of circumstances, including personnel policies, length of service, employer assurances and industry practice (Foley; Guz v. Bechtel). (Order, No. 3:19-cv-04397 (N.D. Cal.), citing Guz v. Bechtel Nat. Inc., 24 Cal. 4th 317, 336 (2000); Order, No. 2:15-cv-01922-KJM-CKD (E.D. Cal. Sept. 19, 2017), quoting Guz, 24 Cal. 4th at 336-37, and Foley v. Interactive Data Corp., 47 Cal.3d 654 (1988))

“be implied in fact, arising from the parties’ conduct evidencing their actual mutual intent to create”

“personnel policies or practices of the employer, the employee’s longevity of service, actions or”

govinfo.gov · govinfo.gov

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In California the implied covenant of good faith and fair dealing prevents bad-faith conduct that frustrates the contract’s actual benefits; it might be violated if firing an at-will employee was a mere pretext to cheat the worker out of another contract benefit to which the employee was clearly entitled, such as compensation already earned (Guz v. Bechtel). (Order, No. 4:13-cv-02835-DMR (N.D. Cal. July 18, 2014), quoting Guz v. Bechtel Nat. Inc., 24 Cal. 4th 317 (2000); Judicial Council of California, Invitation to Comment CACI19-03 (civil jury instructions, Sources and Authority of proposed CACI 2423), quoting Guz v. Bechtel National, Inc., 24 Cal.4th 317, 353, fn. 18 (2000))

“[T]he covenant prevents a party from acting in bad faith to frustrate the contract’s actual benefits. Thus, for example, the covenant might be violated if termination of an at-will employee was a mere pretext to cheat the worker out of another contract benefit to which the employee was clearly entitled, such as compensation already earned.”

Same official text as quoted above (see the quote; Judicial Council of California, Invitation to Comment CACI19-03 (civil jury instructions, Sources and Authority of proposed CACI 2423), quoting Guz v. Bechtel National, Inc., 24 Cal.4th 317, 353, fn. 18 (2000) · courts.ca.gov).

govinfo.gov · courts.ca.gov

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California employers must give the EDD pamphlet 'For Your Benefit: California's Programs for the Unemployed' (DE 2320) when they discharge, lay off, or place an employee on a leave of absence, together with immediate written notice of the discharge, layoff, leave of absence or change in employment status (Notice to Employee as to Change in Relationship). Email delivery is allowed only if the employee opts in. (EDD California Employer's Guide (DE 44))

“For Your Benefit: California’s Programs for the Unemployed (DE 2320) – Provides information on UI, DI, PFL, and Workforce Services benefits available to the employee and must be given when an employer discharges, lays off, or places an employee on a leave of absence.”

“You must give each employee the following when needed: For Your Benefit: California’s Programs for the Unemployed (DE 2320) (PDF): Information on UI, DI, PFL, and job service benefits.”

edd.ca.gov · edd.ca.gov

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