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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.

Lab. Code § 226.7

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

Lab. Code § 512

Meal periods

A 30-minute meal period past five hours, a second past ten.

Meal and rest breaks; thresholds

Lab. Code § 510

Overtime

Daily and weekly overtime, and the double-time rules.

Thresholds; wage and hour audit

Lab. Code § 203

Waiting time penalties

Up to 30 days of wages for a willful failure to pay final wages when due.

Final pay; compliance tools

Lab. Code § 226

Wage statements

Required itemized wage statement contents, and payroll record access within 21 days.

Wage and hour audit; performance documentation

Lab. Code § 246

Paid sick leave

Accrual, use and carryover. 40 hours or five days after SB 616.

Leave of absence; thresholds

Lab. Code § 2802

Business expense reimbursement

Indemnity for all necessary expenditures, plus attorney's fees to recover them.

Remote and hybrid work

Lab. Code § 2810.5

Wage theft prevention notice

Written notice of pay rate and terms at hire and on change.

Handbook; thresholds

Lab. Code § 1197.5

California Equal Pay Act

Equal pay for substantially similar work, reaching sex, race and ethnicity.

Pay transparency; thresholds

Lab. Code § 1198.5

Personnel file inspection

An employee's right to inspect their own personnel records within 30 days.

Performance management

Lab. Code § 2699

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.

Gov. Code § 12945.2

CFRA

Job-protected family and medical leave from five employees.

Leave of absence; thresholds

Gov. Code § 12945

Pregnancy Disability Leave

Up to four months, and it does not run concurrently with CFRA.

Leave of absence; thresholds

Gov. Code § 12945.6

Reproductive loss leave

Five days following a reproductive loss event.

Thresholds

Gov. Code § 12945.7

Bereavement leave

Five days on the death of a family member.

Thresholds

Gov. Code § 12945.8

Leave for qualifying acts of violence

Moved from the Labor Code into FEHA by AB 2499, effective January 1, 2025.

Leave of absence; thresholds

Lab. Code § 230.8

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.

Gov. Code § 12940(j)

FEHA (harassment)

Harassment prohibition, with no employee minimum.

Harassment complaints; thresholds

Gov. Code § 12940(k)

Duty to prevent

Take all reasonable steps to prevent discrimination and harassment.

Harassment complaints; investigations

Gov. Code § 12923

Harassment standard

A single incident can suffice; these cases are rarely resolved before trial.

Harassment complaints

Gov. Code § 12950.1

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.

Bus. & Prof. Code § 7523

Unlicensed investigation

A misdemeanor to conduct investigations for hire unlicensed, and to knowingly engage someone who is.

Workplace investigations; the HR consultant comparison

Bus. & Prof. Code § 7522

Licensing exemptions

Exempts an attorney acting as an attorney, and a person employed exclusively by one employer for its own affairs.

Workplace investigations

Gov. Code § 12946

Employment record retention

Retention duties for covered personnel and employment records, including during specified proceedings.

Investigation records

Lab. Code § 98.6

Protected labor complaints

Protections against retaliation for specified Labor Code rights and complaints.

Retaliation

Lab. Code § 1102.5

Whistleblower protection

Protection for specified disclosures and refusals to participate in unlawful activity.

Retaliation

Lab. Code § 1102.6

Whistleblower burden of proof

The statutory burden framework for claims under section 1102.5.

Retaliation

Pen. Code § 632

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.

Lab. Code § 2775

ABC test

The default standard for employee versus independent contractor.

Classification review; glossary

Lab. Code §§ 2776–2784

AB 2257 exemptions

Relationships exempt from the ABC test, which then fall to the older multifactor test.

Classification review

Lab. Code § 226.8

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.

Lab. Code § 6401.9

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

Lab. Code §§ 3700, 3700.5

Workers' compensation

Coverage from the first employee. Failure to carry is a criminal offense.

Thresholds

Lab. Code § 432.3

Pay scale disclosure

Pay scale on job postings from 15 employees, with a three-year record retention duty.

Pay transparency; thresholds

Gov. Code § 12999

Pay data reporting

Annual filing with the Civil Rights Department from 100 employees.

Pay transparency; thresholds

Gov. Code § 100000 et seq.

CalSavers

Retirement program mandate, expanded to employers with one employee.

Thresholds

Lab. Code §§ 1030–1034

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

Lab. Code §§ 1400–1408

Cal-WARN

60-day notice from 75 employees, below the federal threshold.

Thresholds

Decisions

The cases that decide how the statutes above actually operate.

(1998) 17 Cal.4th 93

Cotran v. Rollins Hudig Hall International, Inc.

Addresses the fair investigation and good-faith grounds relevant to implied-contract wrongful discharge claims.

Workplace investigations

S279397 (May 6, 2024)

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-CVG-2016-1

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.

Gallup

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

Association of Certified Fraud Examiners

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

Gallup

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.

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