Sacramento Employment Lawyers

Employment Laws in Sacramento

There’s no substitute for consulting a lawyer when a dispute is on the horizon, or when you have specific questions about your rights or options. In the meantime, here’s a general look at some of the main employment laws and concepts that might affect employees in Sacramento.

Wage Laws in Sacramento and California

Many disputes between employers and employees involve the payment of wages. California provides some generous protections through its minimum wage law. The state requires non-exempt employees to receive at least $16.50 per hour in 2025. Employees at fast food restaurants and healthcare facilities are entitled to higher minimum wages. Businesses with tipped workers aren’t allowed to subtract from their minimum wage obligations based on tips paid to those employees.

In addition, the state imposes certain overtime obligations on employers. Non-exempt employees are entitled to one and a half times their regular rate of pay for time worked beyond eight hours in a workday or 40 hours in a workweek. (Some examples of exempt employees include people in executive, administrative, and professional roles.) Double pay is required if an employee works more than 12 hours in a workday, or more than eight hours on the seventh consecutive day of work in a workweek. Employees also are generally entitled to the following meal and rest breaks:

• 30-minute meal break (unpaid) if the employee works for more than five hours
• Additional 30-minute meal break (unpaid) if the employee works for more than 12 hours
• 10-minute rest break (paid) for every four hours worked

The definition of “hours worked” under state law extends beyond what might be obvious. It includes all time when an employee is under the employer’s control, such as time when they’re allowed to work or when an employee is on call at their workplace but not performing specific tasks. Sometimes on-call time might count as compensable time even when the employee isn’t at the workplace if the business greatly restricts their activities. Travel time often counts as compensable time as well. However, an employee isn’t entitled to pay for commuting to work.

The federal Fair Labor Standards Act also provides certain protections to workers in Sacramento. However, its minimum wage is much lower, it has more limited overtime protections, and it doesn’t require meal breaks or rest breaks. A Sacramento employee thus would be more likely to bring a claim under state law. The Wage and Hour Division of the U.S. Department of Labor enforces the FLSA, while the Wage Claim Adjudication Unit of the California Labor Commissioner’s Office enforces state wage laws.

Employment Discrimination Laws in Sacramento and California

Discrimination based on a legally protected characteristic can take many forms, some less obvious than others. Adverse actions that may be unlawful discrimination include termination, demotion, refusal to hire or promote, unequal pay, withholding benefits or training opportunities, and providing unfavorable work assignments. Sometimes harassment may rise to a level that violates anti-discrimination laws as well.

A law called the Fair Employment and Housing Act generally protects people in California who work for businesses with five or more employees. (It’s worth noting that prohibitions against harassment cover all businesses.) The FEHA prohibits discrimination based on race, color, national origin, ancestry, religion, creed, disability, medical condition, sex, gender (including pregnancy and childbirth), sexual orientation, gender identity or expression, age (40 and older), marital status, military or veteran status, and genetic information. The California Civil Rights Department enforces this law. You have three years to file a complaint if you think that a violation has occurred.

In addition, many Sacramento employees are protected by federal anti-discrimination laws, which are largely enforced by the U.S. Equal Employment Opportunity Commission. These include Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, national origin, religion, and sex, including pregnancy, sexual orientation, and gender identity. Title VII applies to businesses with 15 or more employees. These businesses also must comply with the Americans With Disabilities Act, which prohibits disability discrimination and requires reasonable accommodations for employees with qualifying disabilities. Meanwhile, the Age Discrimination in Employment Act covers employees who are 40 or older and applies to businesses with 20 or more employees. You have 300 days to file a complaint with the EEOC if a state agency enforces a state law that covers the same protected class.

Workplace Sexual Harassment in California

Sexual harassment violates federal and state anti-discrimination laws if it meets certain standards. Traditionally, courts and agencies have referred to two main forms of prohibited harassment. One of these forms is called “quid pro quo,” which means “this for that” in Latin. Quid pro quo harassment generally involves a demand for sexual favors in exchange for receiving a benefit or avoiding an adverse action related to the job. For example, a manager who tells an employee under their control that they’ll get a raise if they agree to date the manager would be engaging in quid pro quo sexual harassment. Threatening to fire the employee if they don’t date the manager would be similar. Due to its nature, it’s only perpetrated by supervisors, managers, and other people with authority over the employee.

On the other hand, hostile work environment harassment may be perpetrated not only by authority figures but also by coworkers or even clients or customers of the business. This occurs when harassing behavior is so severe or pervasive that it creates a hostile or offensive working environment. Whether this exists depends on what a reasonable person in the employee’s position would think about the situation. Sometimes a single extreme event, such as an assault, may create a hostile work environment. However, these claims often arise from a steady accumulation of incidents that aren’t individually extreme.

While people often think of men sexually harassing women in the workplace, the gender and the sexual orientation of the perpetrator and the targeted employee don’t matter. In other words, a woman can file a claim if they’re harassed by a man or another woman, and a man can file a claim if they’re harassed by a woman or another man. As explained above, California anti-discrimination laws prohibit harassment at businesses of all sizes, making these protections even stronger than those against other forms of discrimination.

Family and Medical Leave Laws in Sacramento and California

Sometimes an employee needs to temporarily put medical or family concerns before their job. California provides certain protections in this area. It has a paid sick leave law that applies to employees who have worked for the same employer in the state for at least 30 days in a year. The law requires a business to provide at least five days (or 40 hours) of paid sick leave each year. An employee is entitled to receive at least one hour of paid sick leave for every 30 hours of work under an accrual plan, or the business can choose to provide all the paid sick leave hours as a chunk. You can use this leave after you’ve been employed for 90 days. Some of the main reasons for taking this leave include addressing an illness of the employee, caring for a family member with an illness, or pursuing a medical diagnosis or treatment for the employee or a family member. If you think that your employer hasn’t complied with this law, you can report them to the California Labor Commissioner’s Office.

Meanwhile, the California Family Rights Act provides up to 12 weeks of job-protected leave in a 12-month period to certain employees for certain reasons. An employee can take this leave if they have worked for more than 12 months for a business with at least five employees, and they have accumulated 1,250 hours of service for the business in the 12 months immediately before the leave. Qualifying reasons for this leave include dealing with a serious health condition of the employee or caring for a family member with a serious health condition, as well as bonding with a child who has entered the employee’s family within the last year through birth, adoption, or foster care placement. California also has a related law that requires a business with five or more employees to provide up to four months of leave to an employee who has a disability arising from their pregnancy. Complaints about CFRA or pregnancy leave violations go to the California Civil Rights Department.

CFRA leave is unpaid, but the California Employment Development Department manages certain short-term disability insurance and paid family leave programs. The short-term disability insurance program provides up to 52 weeks of benefits during an absence from work for certain medical concerns of the employee. The paid family leave program provides up to eight weeks of benefits in a 12-month period for reasons such as caring for a family member with a serious illness, bonding with a new child, and others. However, getting these benefits doesn’t automatically ensure job protection.

Finally, some Sacramento employees have rights under the federal Family and Medical Leave Act, which is enforced by the U.S. Department of Labor. This law generally applies to businesses with 50 or more employees. To be eligible for FMLA leave, an employee must work at a location where the business has 50 or more employees within 75 miles. They also must have worked for that employer for at least 12 months, with at least 1,250 hours of service within the last 12 months. The FMLA provides up to 12 weeks of unpaid leave in a 12-month period for a serious illness of the employee that prevents them from working, a need to care for a serious illness of a spouse, child, or parent, or the process of bonding with a new child who has entered the employee’s family through birth, adoption, or foster care placement. Employees also have certain rights to FMLA leave involving the military service of a family member.

At-Will Employment and Wrongful Termination in California

Like most other states, California allows an employer to discharge an employee for any reason, even a reason that doesn’t seem logical or justified. The employee also can leave their job for any reason. This concept is known as “at-will employment.” It doesn’t cover every situation, though. For example, an employer can’t terminate your employment because you have a protected characteristic under anti-discrimination laws that apply to your workplace. They also can’t fire you because you made a good-faith complaint about discrimination or harassment, even if it turns out that the employer didn’t do anything wrong. Other activities for which you can’t lose your job include taking CFRA or FMLA leave, serving on a jury, filing a workers’ compensation claim, or reporting or refusing to engage in illegal conduct.

An employee might bring a wrongful termination claim if their contract provides that they can only be fired for certain reasons, and their employer fires them without having any of these reasons. California sometimes recognizes “implied contracts” as well. These involve statements by an employer indicating that they won’t terminate an employee for certain reasons or without following a certain process. These cases are often tricky and highly fact-specific, so you should consult a lawyer if you think that you might have this type of claim.

Workers’ Compensation in California

The Division of Workers’ Compensation in the California Department of Industrial Relations makes benefits available to employees who suffer a job-related injury or illness. Workers’ comp covers not only full-time, permanent employees but also part-time and temporary employees. The good news is that you don’t need to prove that your employer was at fault. The bad news is that you can’t sue your employer and get damages for your pain and suffering and other non-economic harm. (However, you could pursue these damages in a third-party personal injury lawsuit against another person or entity that caused your harm.)

You should report an injury or illness to your employer as soon as you can, and at least within 30 days. There’s also a one-year statute of limitations for filing a workers’ compensation claim. Workers’ comp provides reimbursement for necessary medical expenses involving your injury or illness. If you can’t work at all while you recover, you’ll also be eligible for temporary total disability benefits. If you can still do some limited work, you can receive temporary partial disability benefits if your wages are below a certain level. In general, temporary disability benefits account for two-thirds of the pre-tax wages that you lose during your recovery, subject to a set minimum and maximum. If you end up with a permanent impairment, you may be able to get permanent disability benefits.

Unemployment Benefits in California

The California Employment Development Department operates an unemployment insurance program that can help Sacramento residents who are unemployed through no fault of their own. (You generally can’t get these benefits if your employer fired you because of misconduct, or if you voluntarily quit your job without a good reason.) An employee must be able and available to work, and they must search for work each week to remain eligible for unemployment benefits. Some people who are partially unemployed also may be able to get benefits.

Once you file your claim, there’s a one-week waiting period before the state starts paying out benefits. You can get these benefits for up to 26 weeks. In 2025, the weekly payment ranges between $40 and $450. To keep receiving benefits after their initial approval, an employee must comply with a certification requirement every two weeks.

Major Employers in Sacramento

Many of the main employers in Sacramento are government entities, such as Sacramento State University (Cal State Sacramento), the California Department of Corrections and Rehabilitation, the California Employment Development Department, and the California Environmental Protection Agency. Some major non-governmental employers include:

• Colliers International
• Disabled American Veterans
• Kaiser Permanente
• Mercy General Hospital
• Sacramento Bee
• Securitas Security Service
• Summit Funding
• Sutter Medical Center

In addition, some other major employers in Sacramento County include the Apple Distribution Center in Elk Grove, Intel in Folsom, Aerojet Rocketdyne and Ampac Fine Chemicals in Rancho Cordova, and Villara in McClellan.

Sacramento Employment Law Resources

If you think that your workplace rights have been infringed, you may be able to file a complaint with the agency that enforces the applicable law. Some key government agencies to know in this area include:

• California Labor Commissioner’s Office, which enforces the California wage law and paid sick leave law
• California Civil Rights Department, which enforces the main California anti-discrimination law and family and medical leave law
• U.S. Department of Labor, which enforces the federal wage law and family and medical leave law
• U.S. Equal Employment Opportunity Commission, which enforces most federal anti-discrimination laws

Meanwhile, an employee dealing with a job-related injury or illness may want to learn more about their rights from the Division of Workers’ Compensation in the California Department of Industrial Relations. A claim for unemployment benefits goes to the California Employment Development Department.

Employment Law Resources at Justia

Justia is committed to helping employees understand and protect their rights. To this end, we provide an Employment Law Center in the Justia Legal Guides. This is a free resource that explains many of the key issues and concerns that may arise in the workplace.

If you have a specific question, though, you might prefer to use our Justia Ask A Lawyer platform. This allows you to post a question anonymously so that an employment attorney in Sacramento or another area of California can provide their insights. However, this doesn’t create an attorney-client relationship with that lawyer.

When it becomes necessary to get an attorney on your side, the Justia Lawyer Directory offers a comprehensive set of listings. Many employment lawyers serve people in Sacramento and its surroundings. You can use the Justia Lawyer Directory to compare your options and reach out to those who seem like good fits.

How a Sacramento Employment Lawyer Can Help

Problems in the workplace can have high stakes, affecting both the trajectory of an employee’s career and their physical and mental health. This makes it important to maximize your chances of a favorable outcome, and hiring an attorney is a key step toward doing that. While you might feel reluctant to spend your hard-earned money this way, professional counsel can make a huge difference to how your case turns out.

Even if you research the law, you likely won’t have the same depth of understanding as a licensed attorney who has handled many of these cases. Employment law consists of a complex network of laws, regulations, and court decisions. These contain many subtle nuances, which can make or break a case. Your attorney’s knowledge of these nuances likely will allow you to present a stronger legal claim than you could on your own. They’ll also take care of collecting the evidence that you need to support the legal arguments, which can be a headache for someone unfamiliar with the process.

You can expect that the employer will have legal representation throughout litigation and any efforts to settle a dispute. Getting an attorney of your own ensures that you’re not at a disadvantage. Your lawyer can stand up for your rights during negotiations with the other side, while helping you assess offers to settle your case. If you decide not to settle, they can craft strategies for presenting your case in a courtroom or another adversarial setting, while complying with procedural rules, meeting deadlines, and otherwise ensuring that your case stays on track. They’ll know what it takes to connect with a judge or jury and tell your side of the story persuasively.

How to Find a Sacramento Employment Lawyer

It’s not always easy to find the ideal attorney for your needs. Perhaps you’ll be lucky enough to get a recommendation from someone whom you trust, such as a family member or a coworker. However, most people look for attorneys online as part of the process. The Justia Lawyer Directory is designed to help you do this both thoroughly and efficiently.

Employment law spans a wide range of case types, involving a variety of laws and doctrines. You should focus on finding an attorney who has experience in the type of claim that you’re planning to bring. If you don’t think that a business properly paid you for the time that you worked, you probably will want to find a lawyer who handles wage and hour cases. If your employer didn’t provide a reasonable accommodation for your health condition, you should look for a lawyer experienced in disability discrimination cases.

As part of your search, you’ll probably explore the websites of the attorneys or law firms that you’re considering. These may show you a selection of notable results and achievements by that attorney or firm. It’s important to check out their track record, but you shouldn’t overlook the more intangible aspects of their representation. Reviews from former clients can indicate what it’s like to work with them, while reviews by other attorneys can illuminate their reputation in the profession.

Before you choose an attorney, you should make sure to check their record with the State Bar of California. A small violation of the professional rules might not be a huge issue, but you probably don’t want to work with an attorney who seems to have a habit of breaking the rules. Poor ethics or incompetent case management can derail a claim that is otherwise strong.

Once you’ve identified a handful of options who interest you, you should meet with each attorney to discuss your situation and hear their overall impressions. You may want to bring questions to this meeting about how the attorney handles their cases and what you can expect. As you talk with them, think about not only whether they seem knowledgeable but also whether you feel comfortable with them. Don’t underestimate the importance of personality fit in this relationship.

FAQs

1. How do fees for employment lawyers work?

   Many employment attorneys charge an hourly rate. This means that you’ll pay them according to the amount of time that they spend on the case, regardless of its outcome. Other lawyers handle cases for contingency fees. Under this arrangement, a client only pays the lawyer if they get a settlement or judgment for the client. The fee is a percentage of that amount. If the client doesn’t get anything, the lawyer won’t get a fee. Finally, some lawyers might handle very simple tasks for a flat fee. This means that you’ll know exactly what you’ll need to pay before signing up for the lawyer’s help.

2. How do I address harassment at my workplace?

   If you’re dealing with harassment, you should check the harassment complaint policy provided by your employer and follow it carefully. This likely will involve reporting the behavior to HR, your supervisor, or another designated person. You should keep track of the dates and times when incidents occurred and record specifically what happened. If your employer doesn’t respond appropriately, you can file a complaint with the California Civil Rights Department or the U.S. Equal Employment Opportunity Commission. You also might want to talk to a lawyer to make sure that no stone is left unturned.

3. What are my rights to an accommodation for a disability?

   Under the Fair Employment and Housing Act, California employers with five or more employees must provide reasonable accommodations to a qualified employee with a disability, unless this would cause an undue hardship. Some examples of potential accommodations include modified work schedules, adjustments to duties, the use of special equipment or devices, or sometimes remote work when this is possible. An employer should engage in a good-faith interactive process with an employee to decide on an accommodation.

4. When should I get my final paycheck after leaving a job?

   If you’re fired or laid off, your employer generally must provide your final paycheck on your last day of work. This is also true if you quit while providing at least 72 hours’ notice. If you quit without providing this amount of notice, you should get your final paycheck within 72 hours.

5. Are non-compete agreements enforceable in California?

   Unlike many states, California generally doesn’t allow courts to enforce non-compete agreements. (There are some limited exceptions.) This is true even if the agreement was signed in another state. Employees thus have more freedom than in many parts of the U.S. to change jobs or start their own business in the same sector as the employer.