FAQ

California HR questions, answered

Short, cited answers to the questions California employers ask most — drawn from 45+ years of hands-on HR experience. General HR information, not legal advice.

Do I have to provide meal and rest breaks in California?

Yes. Non-exempt employees are entitled to an unpaid, duty-free 30-minute meal period before the end of the 5th hour of work, and a paid 10-minute rest break for every 4 hours worked (or major fraction). Missing a required break owes the employee a one-hour premium at their regular rate (California Labor Code §§512 and 226.7).

When is overtime owed in California?

California uses daily overtime, not just weekly. Non-exempt employees earn 1.5× their regular rate after 8 hours in a day or 40 in a week, and 2× after 12 hours in a day. The seventh consecutive workday has its own premium rules (California Labor Code §510).

How quickly must I give a departing employee their final paycheck?

If you terminate someone, all final wages are due immediately. If they quit, final pay is due within 72 hours — or immediately if they gave at least 72 hours' notice. Final pay must include accrued, unused vacation, and paying late can trigger waiting-time penalties of up to 30 days' wages (California Labor Code §§201–203).

Do I have to pay out unused vacation when an employee leaves?

Yes. In California, earned vacation is treated as wages and must be paid out at the final rate of pay when employment ends. 'Use it or lose it' policies are unlawful, though a reasonable accrual cap is allowed (California Labor Code §227.3).

How much paid sick leave must California employers provide?

Employees accrue at least 1 hour of paid sick leave for every 30 hours worked, and as of 2024 must be allowed to use at least 40 hours / 5 days per year. Accrual can be capped at 80 hours / 10 days, or you can front-load the annual amount (California Labor Code §§245–249).

When do I have to provide harassment-prevention training?

Employers with 5 or more employees must provide sexual-harassment-prevention training: 2 hours for supervisors and 1 hour for non-supervisory employees, within 6 months of hire or promotion and every 2 years thereafter (California Government Code §12950.1).

Can I treat a worker as an independent contractor?

Only if the worker passes California's strict ABC test — most workers are presumed to be employees. Misclassification can expose you to back wages, taxes, and willful-misclassification penalties of $5,000–$25,000 per violation (California Labor Code §2775 and §226.8).

What makes an employee 'exempt' from overtime?

Exemption requires meeting both a salary test (a salary of at least twice the state minimum wage for full-time work) and a duties test (the employee is primarily engaged in exempt executive, administrative, or professional duties). A job title or a salary alone does not make someone exempt (California Labor Code §515).

Do I have to list pay ranges in job postings?

Employers with 15 or more employees must include the pay scale in job postings, and all employers must provide it to an applicant on request. You also may not ask about an applicant's salary history (California Labor Code §432.3).

What do I have to do when an employee requests an accommodation?

Employers with 5 or more employees must engage in a timely, good-faith interactive process and provide reasonable accommodation for a known disability or medical condition, unless it would cause undue hardship (California Government Code §12940).

Do I need a Workplace Violence Prevention Plan?

Most California employers must maintain a written Workplace Violence Prevention Plan, keep a violent-incident log, and train employees on it (SB 553, California Labor Code §6401.9).

Do I have to reimburse employees for work expenses like a personal cell phone?

Yes. California requires employers to reimburse all necessary business expenses, which includes a reasonable percentage of an employee's personal phone or internet when it is used for work (California Labor Code §2802).

Is an employee handbook required in California?

A handbook is not strictly mandatory, but several policies must be communicated to employees — such as anti-harassment with a complaint procedure, paid sick leave, and others — so a current, signed handbook is the cleanest and most defensible way to meet those obligations.