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The statutes, regulations, decisions, and data behind everything published here, with what each one governs and where it is relied on.
71 references. California and federal requirements are identified in each citation.
Wage and hour
Pay, hours, breaks, reimbursement, and the penalty structure behind them.
Meal and rest period premiums
One additional hour of pay at the regular rate for a non-compliant meal or rest period.
Meal and rest breaks; wage and hour audit
Meal periods
A 30-minute meal period past five hours, a second past ten.
Meal and rest breaks; thresholds
Overtime
Daily and weekly overtime, and the double-time rules.
Thresholds; wage and hour audit
Waiting time penalties
Up to 30 days of wages for a willful failure to pay final wages when due.
Final pay; compliance tools
Wage statements
Required itemized wage statement contents, and payroll record access within 21 days.
Wage and hour audit; performance documentation
Paid sick leave
Accrual, use and carryover. 40 hours or five days after SB 616.
Leave of absence; thresholds
Business expense reimbursement
Indemnity for all necessary expenditures, plus attorney's fees to recover them.
Remote and hybrid work
Wage theft prevention notice
Written notice of pay rate and terms at hire and on change.
Handbook; thresholds
California Equal Pay Act
Equal pay for substantially similar work, reaching sex, race and ethnicity.
Pay transparency; thresholds
Personnel file inspection
An employee's right to inspect their own personnel records within 30 days.
Performance management
PAGA, as amended 2024
Penalties capped at 15% where all reasonable steps were taken before a notice, 30% within 60 days after.
Every article's closing argument; wage and hour audit
IWC Wage Orders §§ 11–12
Meal and rest periods
Industry-specific meal and rest period rules.
Meal and rest breaks
29 U.S.C. § 201 et seq.
Fair Labor Standards Act
Federal minimum wage, overtime and child labor.
Thresholds
Leave
The overlapping California and federal leave entitlements, and the thresholds each attaches at.
CFRA
Job-protected family and medical leave from five employees.
Leave of absence; thresholds
Pregnancy Disability Leave
Up to four months, and it does not run concurrently with CFRA.
Leave of absence; thresholds
Leave for qualifying acts of violence
Moved from the Labor Code into FEHA by AB 2499, effective January 1, 2025.
Leave of absence; thresholds
School and childcare activities leave
Time off for a child's school or childcare activities, from 25 employees.
Thresholds
29 U.S.C. § 2601 et seq.
FMLA
Federal family and medical leave, 50 employees within 75 miles.
Leave of absence; thresholds
Unemp. Ins. Code § 3300 et seq.
Paid Family Leave
Wage replacement through the state. Not job protection.
Leave of absence
Discrimination and harassment
FEHA and its federal counterparts, plus the regulation that defines a compliant complaint process.
FEHA (harassment)
Harassment prohibition, with no employee minimum.
Harassment complaints; thresholds
Duty to prevent
Take all reasonable steps to prevent discrimination and harassment.
Harassment complaints; investigations
Harassment standard
A single incident can suffice; these cases are rarely resolved before trial.
Harassment complaints
Harassment prevention training
Two hours supervisory, one non-supervisory, every two years, from five employees.
Manager training; thresholds
2 CCR § 11023
Prevention and correction regulation
Requires a written policy and a complaint process with six named elements, including an impartial and timely investigation by qualified personnel.
Harassment complaints; investigations; the Complaint Readiness scoring
42 U.S.C. § 2000e et seq.
Title VII
Federal discrimination protections from 15 employees.
Thresholds
42 U.S.C. § 12101 et seq.
Americans with Disabilities Act
Disability discrimination and reasonable accommodation.
Thresholds; glossary
29 U.S.C. § 621 et seq.
ADEA
Age discrimination from 20 employees.
Thresholds
Investigations
The duty to investigate, who may lawfully do it, and what happens to privilege.
Unlicensed investigation
A misdemeanor to conduct investigations for hire unlicensed, and to knowingly engage someone who is.
Workplace investigations; the HR consultant comparison
Licensing exemptions
Exempts an attorney acting as an attorney, and a person employed exclusively by one employer for its own affairs.
Workplace investigations
Employment record retention
Retention duties for covered personnel and employment records, including during specified proceedings.
Investigation records
Protected labor complaints
Protections against retaliation for specified Labor Code rights and complaints.
Retaliation
Whistleblower protection
Protection for specified disclosures and refusals to participate in unlawful activity.
Retaliation
Whistleblower burden of proof
The statutory burden framework for claims under section 1102.5.
Retaliation
Recording without consent
California is a two-party consent state for confidential communications.
Workplace investigations
Classification
The ABC test, its statutory exemptions, and the penalties for getting it wrong.
ABC test
The default standard for employee versus independent contractor.
Classification review; glossary
AB 2257 exemptions
Relationships exempt from the ABC test, which then fall to the older multifactor test.
Classification review
Willful misclassification
$5,000 to $15,000 per violation; $10,000 to $25,000 for a pattern or practice.
Classification review
Safety, pay transparency and the rest
Cal/OSHA obligations, pay disclosure, retirement, and the handbook mandates.
Workplace Violence Prevention Plan
Written plan, annual training and a violent incident log, in force since July 1, 2024.
Workplace violence prevention; thresholds
8 CCR § 3203
Injury and Illness Prevention Program
A written safety program for every California employer.
Thresholds; the WVPP exemption test
Workers' compensation
Coverage from the first employee. Failure to carry is a criminal offense.
Thresholds
Pay scale disclosure
Pay scale on job postings from 15 employees, with a three-year record retention duty.
Pay transparency; thresholds
Pay data reporting
Annual filing with the Civil Rights Department from 100 employees.
Pay transparency; thresholds
CalSavers
Retirement program mandate, expanded to employers with one employee.
Thresholds
Lactation accommodation
Space, break time, and a written policy that must sit in the handbook.
Handbook; thresholds
2 CCR § 11095
CFRA handbook notice
If a handbook describes other leaves, it must describe CFRA.
Handbook
Cal-WARN
60-day notice from 75 employees, below the federal threshold.
Thresholds
Decisions
The cases that decide how the statutes above actually operate.
Cotran v. Rollins Hudig Hall International, Inc.
Addresses the fair investigation and good-faith grounds relevant to implied-contract wrongful discharge claims.
Workplace investigations
Naranjo v. Spectrum Security Services, Inc.
A reasonable, good-faith belief in compliance can preclude knowing and intentional wage statement penalties.
Wage statement penalties
(2012) 53 Cal.4th 1004
Brinker Restaurant Corp. v. Superior Court
An employer must relieve employees of duty for a meal period, not police that they take it.
Meal and rest breaks
(2021) 11 Cal.5th 58
Donohue v. AMN Services, LLC
No rounding of meal punches, and non-compliant records raise a rebuttable presumption of violation.
Meal and rest breaks; wage and hour audit
(2007) 40 Cal.4th 1094
Murphy v. Kenneth Cole Productions
The premium is a wage, which sets the lookback period.
Meal and rest breaks
(2022) 13 Cal.5th 93
Naranjo v. Spectrum Security Services
Unpaid premiums are wages; additional wage statement and waiting time penalties depend on their separate statutory requirements.
Meal and rest breaks
(2011) 196 Cal.App.4th 57
United Parcel Service, Inc. v. Superior Court
Up to two premium hours a day, one for meal and one for rest, not one per missed break.
Meal and rest breaks
(2018) 4 Cal.5th 903
Dynamex Operations West v. Superior Court
Established the ABC test, later codified.
Classification review
(1989) 48 Cal.3d 341
S.G. Borello & Sons v. Dept. of Industrial Relations
The multifactor test that governs relationships exempt from ABC.
Classification review
(2014) 228 Cal.App.4th 1137
Cochran v. Schwan's Home Service
A reasonable percentage of the phone bill is owed even where the employee incurred no extra cost.
Remote and hybrid work
(2023) 93 Cal.App.5th 364
Thai v. International Business Machines Corp.
A government stay-at-home order does not excuse reimbursement.
Remote and hybrid work
(2007) 42 Cal.4th 554
Gattuso v. Harte-Hanks Shoppers, Inc.
A stipend is permitted only if it actually covers the necessary expense.
Remote and hybrid work
(2003) 31 Cal.4th 1026
State Dept. of Health Services v. Superior Court
Prompt and effective corrective action can limit damages.
Harassment complaints
(2000) 24 Cal.4th 317
Guz v. Bechtel National, Inc.
Applies the burden-shifting framework, and handbook language can imply contract terms.
Performance management; handbook
(2013) 55 Cal.4th 1158
Harris v. City of Santa Monica
The same-decision showing limits remedies in a mixed-motive case.
Performance management
(1988) 47 Cal.3d 654
Foley v. Interactive Data Corp.
Implied contract claims arising from employer conduct and policy.
Handbook
(2000) 23 Cal.4th 1
Asmus v. Pacific Bell
A unilateral policy may be modified prospectively on reasonable notice.
Handbook
(1997) 59 Cal.App.4th 110
Wellpoint Health Networks v. Superior Court
Asserting the adequacy of an investigation can waive privilege over it.
Workplace investigations
411 U.S. 792 (1973)
McDonnell Douglas Corp. v. Green
The burden-shifting framework California applies to discrimination claims.
Performance management
Agency guidance
EEOC Enforcement Guidance on Retaliation and Related Issues
The agency's interpretation of federal retaliation protections and prevention practices.
Retaliation and employee relations
Data and statistics
Every figure quoted, with the publication it came from and the edition.
Q12 Meta-Analysis
The most engaged business units are 23% more profitable and 18% more productive than the least engaged, with materially lower turnover, absenteeism and safety incidents.
Culture and employee relations
Occupational Fraud 2026: A Report to the Nations
2,402 cases across 143 countries, $3.4bn in total losses. Organizations lose an estimated 5% of revenue to fraud annually. Median loss $104,000, average $1.4m, median duration 12 months before detection. Owners and executives: 16% of cases, $475,000 median loss, roughly nine times employee-level losses. Tips surface 43% of cases. A formal reporting mechanism: $100,000 median loss against $150,000 without. Fraud awareness training for staff and management: $84,000 against $150,000.
Fraud risk and investigation
State of the Global Workplace 2026
Low engagement costs the global economy roughly $10 trillion a year in lost productivity, about 9% of global GDP.
Culture and employee relations
Statutes, regulations, and agency guidance can change. Links lead to the underlying authority or publication; historical court opinions may be reproduced by a legal publisher. This index is general information, not a legal opinion or a complete list of rules that apply to your workplace.