California Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
California employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for California
- Minimum wage
- $16.90 per hour for all employers, effective January 1, 2026. Higher minimum wages apply to fast food workers and certain health care workers, and many cities and counties have their own higher local minimum wage; California Labor Commissioner, Minimum Wage FAQ
- Final paycheck if fired or laid off
- Immediately, at the time of termination, including all accrued vacation. Special timelines apply to some seasonal, motion picture and oil drilling layoffs. Cal. Labor Code §§ 201, 203, 227.3; California Labor Commissioner, Paydays FAQ
- Meal and rest breaks
- Required. A 30-minute meal break for work periods over 5 hours (can be waived by mutual consent if the workday is no more than 6 hours), provided by the end of the fifth hour; Cal. Labor Code § 512; IWC Wage Orders; California Labor Commissioner, Meal Periods and Rest Periods FAQs
- Unused vacation / PTO payout
- Yes. Earned vacation and PTO are wages that cannot be forfeited; all earned, unused vacation or PTO must be paid at the final rate of pay when employment ends, for any reason. Cal. Labor Code § 227.3; California Labor Commissioner, Vacation FAQ
Last verified: 2026-10-26
Pay
| Minimum wage | $16.90 per hour for all employers, effective January 1, 2026. Higher minimum wages apply to fast food workers and certain health care workers, and many cities and counties have their own higher local minimum wage; employers must pay whichever rate is highest. Scheduled increase: the statewide minimum wage rises to $17.40 per hour on January 1, 2027 (DIR News Release 2026-66: https://www.dir.ca.gov/DIRNews/2026/2026-66.html). The rate is adjusted each year for inflation, capped at 3.5% per year, and cannot go down. |
|---|---|
| Tipped minimum wage | No tip credit. Tipped employees must be paid the full state (or higher local) minimum wage before tips. |
| Overtime | Daily and weekly overtime. Time-and-a-half for hours over 8 in a workday, over 40 in a workweek, and for the first 8 hours on the seventh consecutive workday in a workweek. Double time for hours over 12 in a workday and over 8 on the seventh consecutive workday. |
| How often you must be paid | At least twice each calendar month on regular paydays set in advance, with some exceptions. Wages earned from the 1st to the 15th must be paid by the 26th; wages earned from the 16th to month-end must be paid by the 10th of the next month. Weekly or biweekly payrolls must be paid within 7 calendar days after the pay period ends. |
| Pay stubs | Required with every paycheck (at least semimonthly). The itemized statement must show gross wages, total hours worked (for non-exempt employees), piece-rate units if any, all deductions, net wages, pay period dates, the employee's name and last four digits of the Social Security number (or an employee ID), the employer's legal name and address, and every hourly rate with hours worked at each. |
Breaks and leave
| Meal and rest breaks | Required. A 30-minute meal break for work periods over 5 hours (can be waived by mutual consent if the workday is no more than 6 hours), provided by the end of the fifth hour; a second 30-minute meal break for workdays over 10 hours (can be waived if the workday is no more than 12 hours and the first break was not waived). A paid 10-minute rest break for every 4 hours worked or major fraction of 4 hours (more than 2 hours). Rest period rules: https://www.dir.ca.gov/dlse/faq_restperiods.htm |
|---|---|
| Paid sick leave | Yes. Employers must provide at least 40 hours or 5 days (whichever is more) of paid sick leave per year. Under an accrual plan, employees earn at least 1 hour for every 30 hours worked; employers may cap yearly use at 40 hours/5 days and total accrual at 80 hours/10 days. Under a front-loaded plan, the full amount is available at the start of each year. Some cities have their own, more generous sick leave ordinances. |
Leaving a job
| Final paycheck if fired or laid off | Immediately, at the time of termination, including all accrued vacation. Special timelines apply to some seasonal, motion picture and oil drilling layoffs. An employer that willfully pays late can owe a waiting-time penalty of a day's pay for each day late, up to 30 days. |
|---|---|
| Final paycheck if you quit | If the employee gave at least 72 hours' notice, final pay (including accrued vacation) is due on the last day of work. Without 72 hours' notice, it is due within 72 hours after quitting; the employee may ask for it to be mailed. |
| Unused vacation / PTO payout | Yes. Earned vacation and PTO are wages that cannot be forfeited; all earned, unused vacation or PTO must be paid at the final rate of pay when employment ends, for any reason. 'Use it or lose it' policies are illegal, although a reasonable cap on accrual is allowed. |
| Unemployment benefits | Apply with the Employment Development Department (EDD) online through myEDD (myedd.edd.ca.gov). After applying, register in CalJOBS and keep certifying for benefits. Processing and the first payment take about three weeks. |
Firing, retaliation and discrimination
| Whistleblower and retaliation protection | Strong protection. California Labor Code § 1102.5 protects private and public employees who report, to a government or law enforcement agency, a supervisor, or another employee with authority to investigate, a reasonable belief that the employer is violating a law, rule or regulation, or who testify before a public body, or who refuse to take part in an illegal activity. Retaliation complaints for most Labor Code protections can be filed with the Labor Commissioner, generally within one year. Retaliation complaint time limits: https://www.dir.ca.gov/dlse/faq_retaliation.htm |
|---|---|
| Job discrimination complaints | California Civil Rights Department (CRD). The anti-discrimination law covers employers with 5 or more employees; harassment is prohibited at all workplaces, even those with fewer than 5. A complaint must be filed within three years of the discriminatory act, starting with an intake form in the online California Civil Rights System (CCRS). |
| Non-compete agreements | Generally void and unenforceable. Since January 1, 2024, it has been illegal for employers to enter into or try to enforce a void non-compete with California employees, even if it was signed outside California. Employees can sue for damages, an injunction and attorney's fees. Only limited statutory exceptions apply (such as certain sales of a business). |
Where to get help in California
- California Labor Commissioner's Office (Division of Labor Standards Enforcement), Department of Industrial Relations
- File a complaint or claim
Employment Law FAQ
What is the minimum wage in California?
$16.90 per hour for all employers, effective January 1, 2026. Higher minimum wages apply to fast food workers and certain health care workers, and many cities and counties have their own higher local minimum wage; employers must pay whichever rate is highest.
What is the tipped minimum wage in California?
No tip credit. Tipped employees must be paid the full state (or higher local) minimum wage before tips.
What are the overtime rules in California?
Daily and weekly overtime. Time-and-a-half for hours over 8 in a workday, over 40 in a workweek, and for the first 8 hours on the seventh consecutive workday in a workweek. Double time for hours over 12 in a workday and over 8 on the seventh consecutive workday.
Are breaks required by law in California?
Required. A 30-minute meal break for work periods over 5 hours (can be waived by mutual consent if the workday is no more than 6 hours), provided by the end of the fifth hour; a second 30-minute meal break for workdays over 10 hours (can be waived if the workday is no more than 12 hours and the first break was not waived). A paid 10-minute rest break for every 4 hours worked or major fraction of 4 hours (more than 2 hours).
When do I get my final paycheck if I'm fired in California?
Immediately, at the time of termination, including all accrued vacation. Special timelines apply to some seasonal, motion picture and oil drilling layoffs. An employer that willfully pays late can owe a waiting-time penalty of a day's pay for each day late, up to 30 days.
When do I get my final paycheck if I quit in California?
If the employee gave at least 72 hours' notice, final pay (including accrued vacation) is due on the last day of work. Without 72 hours' notice, it is due within 72 hours after quitting; the employee may ask for it to be mailed.
Does an employer have to pay out unused PTO in California?
Yes. Earned vacation and PTO are wages that cannot be forfeited; all earned, unused vacation or PTO must be paid at the final rate of pay when employment ends, for any reason. 'Use it or lose it' policies are illegal, although a reasonable cap on accrual is allowed.
How often must employees be paid in California?
At least twice each calendar month on regular paydays set in advance, with some exceptions. Wages earned from the 1st to the 15th must be paid by the 26th; wages earned from the 16th to month-end must be paid by the 10th of the next month. Weekly or biweekly payrolls must be paid within 7 calendar days after the pay period ends.
Do employers have to give pay stubs in California?
Required with every paycheck (at least semimonthly). The itemized statement must show gross wages, total hours worked (for non-exempt employees), piece-rate units if any, all deductions, net wages, pay period dates, the employee's name and last four digits of the Social Security number (or an employee ID), the employer's legal name and address, and every hourly rate with hours worked at each.
Is paid sick leave required in California?
Yes. Employers must provide at least 40 hours or 5 days (whichever is more) of paid sick leave per year. Under an accrual plan, employees earn at least 1 hour for every 30 hours worked; employers may cap yearly use at 40 hours/5 days and total accrual at 80 hours/10 days. Under a front-loaded plan, the full amount is available at the start of each year.
Is it illegal to fire someone for reporting a violation in California?
Strong protection. California Labor Code § 1102.5 protects private and public employees who report, to a government or law enforcement agency, a supervisor, or another employee with authority to investigate, a reasonable belief that the employer is violating a law, rule or regulation, or who testify before a public body, or who refuse to take part in an illegal activity. Retaliation complaints for most Labor Code protections can be filed with the Labor Commissioner, generally within one year.
Where do I file a job discrimination complaint in California?
California Civil Rights Department (CRD). The anti-discrimination law covers employers with 5 or more employees; harassment is prohibited at all workplaces, even those with fewer than 5. A complaint must be filed within three years of the discriminatory act, starting with an intake form in the online California Civil Rights System (CCRS).
Are non-compete agreements enforceable in California?
Generally void and unenforceable. Since January 1, 2024, it has been illegal for employers to enter into or try to enforce a void non-compete with California employees, even if it was signed outside California. Employees can sue for damages, an injunction and attorney's fees. Only limited statutory exceptions apply (such as certain sales of a business).
How do I apply for unemployment in California?
Apply with the Employment Development Department (EDD) online through myEDD (myedd.edd.ca.gov). After applying, register in CalJOBS and keep certifying for benefits. Processing and the first payment take about three weeks.
Employment Law in other states
More California law
- California tenant rights & landlord-tenant law
- California small claims court
- California wills, probate & estates
- California protective & restraining orders
- California debt & collections
- California unemployment benefits
- California divorce & family law
- California expungement & criminal records
- California traffic tickets & dui
- California personal injury & wrongful death
- California workers' compensation
- California foreclosure & homeowner law
- California consumer protection
- California starting an llc & small business
- California bankruptcy
- California car insurance & vehicle laws
- California property tax & homestead exemptions
- California criminal law
- California gun laws
- Find a lawyer or free legal help in California
- All California law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.