California employment law compliance requirements

For involuntary terminations, all wages must be paid immediately at the time of termination.

Cal. Lab. Code § 201 · effective Jan 2020

For voluntary terminations, final pay must be provided within 72 hours or immediately if 72 hours notice was given.

Cal. Lab. Code § 202 · effective Jan 2020

California WARN requires 60-day notice for mass layoffs, relocations, or terminations of 50+ employees at a covered establishment.

Cal. Lab. Code § 1400 et seq. · effective Jan 2020

60 days notice for mass layoffs affecting 50+ employees

Cal. Lab. Code § 1400-1408 · effective Jan 2003

Employers with 5 or more employees must provide up to 12 weeks of unpaid, job-protected leave per year for family care and medical leave.

Cal. Gov. Code § 12945.2 · effective Jan 2021 · source

Employers must provide eligible employees with at least 40 hours or 5 days of paid sick leave per year, either through accrual or upfront allocation.

Cal. Lab. Code § 246 · effective Jan 2024 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

California Family Rights Act provides 12 weeks of unpaid, job-protected leave for family and medical reasons.

Cal. Gov. Code § 12945.2 · effective Jan 2020

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Non-compete agreements are void and unenforceable in California. As of 2024, employers cannot even require employees to sign them.

Cal. Bus. & Prof. Code § 16600; SB 699 · effective Jan 2020

Non-compete agreements are void in California except for narrow exceptions (sale of business, dissolution of partnership).

Cal. Bus. & Prof. Code § 16600 · effective Jan 2020

Employers cannot enter into or enforce non-compete agreements, and must notify current and former employees of void non-compete clauses.

Cal. Bus. & Prof. Code §§ 16600, 16600.1 · effective Jan 2024 · source

Employers must pay discharged employees immediately, and employees who quit must be paid within 72 hours unless 72 hours' notice was given.

Cal. Lab. Code §§ 201, 202 · effective Jan 1937 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

30-minute unpaid meal break for shifts over 5 hours

Cal. Lab. Code § 512(a) · effective Jan 2000

Employers must authorize and permit non-exempt employees to take net 10-minute paid rest periods for each four hours or major fraction thereof worked.

Cal. Code Regs. tit. 8, § 11010 to 11150; Cal. Lab. Code § 226.7 · effective Jan 2001 · source

California state minimum wage

Cal. Lab. Code § 1182.12 · effective Jan 2024

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Employers must pay non-exempt employees overtime at 1.5 times their regular rate for hours worked over 8 in a workday or 40 in a workweek, and double time for hours worked over 12 in a workday.

Cal. Lab. Code § 510 · effective Jan 2000 · source

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers must include pay scale in job postings

Cal. Lab. Code § 432.3 · effective Jan 2023

All employers with 5+ employees must provide harassment prevention training

Cal. Gov. Code § 12950.1 · effective Jan 2019

Employers with 5 or more employees cannot inquire about criminal history before making a conditional offer of employment.

Cal. Gov. Code § 12952 · effective Jan 2018 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Employers must pay employees for at least half of their scheduled shift if they report to work but are sent home early.

Cal. Code Regs. tit. 8, § 11010 to 11150 · effective Jan 2001 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990