Frequently Asked Employment Questions
If I Want to File a Claim With the DFEH or the EEOC, What is the Time Limit?
One year: You must file your claim with the DFEH or EEOC within one year after the discrimination or harassment has occurred or you may not be able to file a lawsuit or otherwise pursue your rights. We Can Help If you believe that your f...
If I am required to work through my meal period or have to take a working lunch, does my employer have to pay me any additional wage?
Yes: If you do not meet one of the waivers from meal breaks or an exemption set forth above, and you are an hourly non-exempt employee, your employer must pay you one hour of wage for every missed meal period. The employer must pay the sanction of one hour of pay i
Does California law permit me to waive my meal break when I work eight hours or more?
Yes, but only under certain rare conditions: The basic lunch break law is that employees must be given the opportunity to have a “duty free” unpaid 30 minute meal break after every five hours of work. However, there are certain exceptions to this rule: ...
When I work six hours or less can I legally waive my meal break?
Yes: California law requires employees to take an unpaid 30 minute meal break every five hours. However, the law also permits employees to waive their meal break if they work six hours or less in a shift. Such a waiver should be in writing but does not have to be and may be...
Do I have a right to receive a copy of my personnel file?
No, not your entire file: California law only requires that employees be given copies of all documents in their personnel file that were signed by the employee. Of course, your employer may provide a copy of your entire file but it is not required to do so.
Do I have a right to inspect my personnel file?
Yes: As an employee, you have a right under California law to inspect your personnel file at reasonable time intervals. The place of inspection must be local enough so that you do not need to miss work in order to view your personnel file.
Does my employer have to give me additional time and a private space to express (pump) breast milk for my child?
Yes: Employees who want to pump or express breast milk for their child must be given additional unpaid time to do so if their 10 minute break time is not enough. If possible, the expressing time must run concurrently with usual rest or meal breaks. However, if additional ...
May my employer ask me to waive my rest breaks without any additional pay?
No: Rest breaks are a fundamental right of all California employees who work four hours or longer in a shift. Rest breaks may not be waived unless the employer pays the employee one hour of pay for every missed rest break. However, there are certain exceptions to the timing o...
Is there any penalty for my employer not giving me the opportunity to take rest breaks or preventing me from taking rest breaks?
Yes: California law provides a penalty of one hour of the employee’s regular pay for each missed rest break. In order to collect the penalty, the employee must prove that either the employer prohibited the break or did not have working conditions such that the employee had...
Must my employer ensure that I get my rest breaks?
No: Although rest breaks are a right of employment, employers need only give employees the “opportunity” to take such breaks, such as offering relief staff. However, employers need not “ensure” that employees actually do take the breaks.