PAGA claims, explained

California is an at-will state. Can my employer fire me for any reason?

Most California jobs are at-will (Labor Code 2922), which means an employer can usually end employment without cause. But a firing is still illegal if it is based on a protected characteristic, is retaliation for protected activity, breaks a contract, or violates public policy.

What makes a firing illegal?

Common examples: discrimination based on race, sex, pregnancy, age (40+), disability, national origin, religion, sexual orientation or other protected traits (Government Code 12940); retaliation for reporting a violation of law (Labor Code 1102.5) or complaining about pay (Labor Code 98.6); and firing for taking protected family or medical leave (Government Code 12945.2).

What are the deadlines?

For discrimination, harassment and retaliation under the Fair Employment and Housing Act, you generally must file a complaint with the California Civil Rights Department within three years (Government Code 12960), and then have one year after receiving a right-to-sue notice to file in court (Government Code 12965). A claim for wrongful termination in violation of public policy generally has a two-year limit (Code of Civil Procedure 335.1).

When must I get my final paycheck?

If you are fired, all wages are due immediately at the time of termination (Labor Code 201). If you quit without notice, they are due within 72 hours, or on your last day if you gave at least 72 hours' notice (Labor Code 202). A late final paycheck can trigger waiting-time penalties of up to 30 days' wages (Labor Code 203).

Does the size of my employer matter?

Yes. California's discrimination protections under FEHA apply to employers with five or more employees, while harassment protections apply to employers of any size (Government Code 12926 and 12940(j)). Some leave laws have other thresholds.

My employer offered me a severance agreement. Should I sign it?

Read it carefully before signing; it usually asks you to give up legal claims. In many cases California requires the employer to tell you that you have the right to consult an attorney about the agreement and to give you at least five business days to do so (Government Code 12964.5). That rule does not cover a negotiated settlement of a claim you have already filed. If you are unsure, ask before you sign.

Do these protections apply regardless of immigration status?

Yes, with one narrow exception. California law makes its labor and employment protections, rights and remedies available to all workers regardless of immigration status, except a reinstatement remedy that federal law prohibits (Labor Code 1171.5). Our case-review form never asks about immigration status.

When does California require overtime?

Non-exempt employees earn 1.5 times their regular rate for hours over 8 in a workday or 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek. Double time applies after 12 hours in a day and after 8 hours on that seventh day (Labor Code 510).

What are my meal and rest break rights?

Generally, a 30-minute unpaid, duty-free meal break before the end of the fifth hour of work, a second one for shifts over 10 hours, and a paid 10-minute rest break for every four hours worked or major fraction of four. If a break is missed, the employer owes one extra hour of pay at your regular rate for each workday a meal break is missed and one for each workday a rest break is missed (Labor Code 512 and 226.7).

What is the minimum wage?

California's statewide minimum wage for 2026 is $16.90 an hour, and many cities, including Los Angeles, set a higher local minimum. Some industries, such as fast food and health care, have their own higher minimums.

How can I recover unpaid wages?

You can file a wage claim with the California Labor Commissioner's Office or file a lawsuit. Claims under the Labor Code generally have a three-year limit (Code of Civil Procedure 338), and some claims can reach back four years under the Unfair Competition Law (Business and Professions Code 17208).

My employer says I'm an independent contractor. Am I?

California uses the "ABC test" for most jobs: a worker is an employee unless the hiring business shows the worker is free from its control, does work outside the usual course of its business, and is customarily engaged in an independent business of that kind (Labor Code 2775). Many workers labeled contractors are legally employees.

Can my employer punish me for complaining about pay?

No. Retaliating against an employee for complaining about unpaid wages or filing a wage claim is illegal (Labor Code 98.6).

Am I owed wages if I am undocumented?

Yes. California law protects all workers' right to be paid for work performed, regardless of immigration status (Labor Code 1171.5). Our case-review form never asks about immigration status.

What is PAGA?

The Private Attorneys General Act lets an employee recover civil penalties for certain Labor Code violations on behalf of the state and other employees. It starts with a written notice to the Labor and Workforce Development Agency (Labor Code 2699.3). The law was reformed in 2024.

General information about California law, not legal advice.