California gives employees and consumers some of the strongest protections in the country, and most people never learn what theirs are until something goes wrong. These are the questions we hear most often. Each answer links to a fuller explanation, and every one of them is a question you are welcome to call and ask a lawyer directly.
Wages, hours and breaks
When does overtime start in California?
California counts overtime by the day as well as the week. Under Labor Code §510 you are owed 1.5× your regular rate beyond eight hours in a day, beyond 40 in a week, and for the first eight hours of a seventh consecutive workday — and 2× beyond 12 hours in a day.
What is a missed meal or rest break worth?
One additional hour of pay at your regular rate for that day, under Labor Code §226.7. Meal and rest violations count separately, so one day can produce two premium hours. The California Supreme Court held in Naranjo (2022) that these premiums are wages, not just penalties.
My last paycheck was late. Does that matter?
It can be worth more than the wages themselves. When an employer willfully fails to pay everything owed at separation, Labor Code §203 continues your wages as a penalty for up to 30 calendar days. The deadline to claim those penalties is only one year.
Can my employer call me a contractor to avoid overtime?
Only if it can prove all three parts of the ABC test in Labor Code §2775: that you are free from its control, that your work is outside its usual business, and that you independently run a trade of the same kind. The presumption starts in your favor.
Discrimination, termination and retaliation
Can I be fired for no reason in California?
Usually yes — Labor Code §2922 makes most employment at will, so an employer generally needs no good reason. What it may never have is an illegal one: discrimination, retaliation, or a reason that violates a fundamental public policy.
What does California law protect against discrimination?
The Fair Employment and Housing Act (Government Code §12940) covers race, religion, color, national origin, ancestry, disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender identity and expression, age, sexual orientation, and military or veteran status.
I reported something and then got punished. What protects me?
Labor Code §1102.5. Once you show your protected report was a contributing factor, the employer must prove by clear and convincing evidence it would have acted the same way anyway — a far heavier burden than in most employment claims.
Can an employer use AI to screen applicants?
Only within the same limits that bind a human decision-maker. California regulations effective October 1, 2025 confirm that automated decision systems used in hiring, screening or promotion can constitute discrimination under FEHA. An algorithm is not a shield — it is evidence.
Deadlines
How long do I have to file a wage claim?
Three years for the unpaid wages themselves (Code of Civil Procedure §338(a)), and four when pleaded under the Unfair Competition Law. Penalties are much shorter — one year for waiting-time penalties under §203 and wage-statement penalties under §226.
How long do I have to file a discrimination claim?
Three years from the last discriminatory act to file with California’s Civil Rights Department (Government Code §12960(e)(5)), then one year from the date of your right-to-sue notice to file in court (§12965(c)(1)(D)).
How long do I have to bring a consumer claim?
Three years for a claim under the Consumers Legal Remedies Act (Civil Code §1783), and four years for False Advertising Law and Unfair Competition Law claims (Business & Professions Code §17208). A CLRA damages claim also requires 30 days’ written notice first.
Labels, pricing and subscriptions
Is a false "recyclable" label illegal?
Yes. Representing that a product has characteristics it does not have violates the Consumers Legal Remedies Act (Civil Code §1770), and Business & Professions Code §17580.5 separately bars untruthful or misleading environmental marketing claims. Recycling and greenwashing cases are the core of our consumer practice.
Does a company have to back up its green claims?
It has to document them. Business & Professions Code §17580 requires any business making an environmental marketing claim in California to keep written substantiation in this state — and to furnish it to any member of the public who asks. No lawsuit required.
Are hidden fees illegal in California?
Since July 1, 2024, yes. California’s Honest Pricing Law (Civil Code §1770(a)(29)) makes it unlawful to advertise a price that excludes mandatory fees, apart from government taxes and reasonable shipping. Certain restaurant and food-service charges are carved out if clearly displayed.
A subscription will not let me cancel. What are my rights?
California’s Automatic Renewal Law, rewritten by AB 2863 effective July 1, 2025, requires separate consent to renewal terms and cancellation through the same channel you used to sign up. Note the federal "click to cancel" rule was vacated in 2025 — state law is what protects you.
What does a mislabeling case have to prove?
That the claim was likely to deceive a reasonable consumer, and that you lost money because of it. Intent is not an element — under Business & Professions Code §17500 a statement is unlawful if the company knew or should have known it was misleading.
Class actions and PAGA
What is PAGA, and what changed in 2024?
PAGA lets an employee sue for civil penalties on the state’s behalf. For notices filed on or after June 19, 2024, employees now receive 35 percent of penalties rather than 25, plaintiffs must have personally suffered each violation, and employers can cap penalties by fixing problems promptly.
Do I have to pay anything to bring a case?
No. We handle employment and consumer matters on contingency and advance the costs of investigation and litigation. Several of these statutes require a losing defendant to pay a successful claimant’s attorneys’ fees, which is how modest individual claims become viable.
Can my employer retaliate for joining a case?
No. It is unlawful for an employer to fire, demote or punish you for bringing or joining a wage claim or PAGA action, and Labor Code §98.6 creates a rebuttable presumption of retaliation when adverse action follows within 90 days. Retaliation becomes part of the case.
We are prepared to discuss your case and determine what legal action should be taken — whether it is an individual claim or a case on behalf of everyone affected. We offer free consultations and charge nothing upfront. Our office is in San Diego, and we routinely handle cases in all State and Federal Courts throughout California — wherever in the state you live or work.