Rastegar Law Group — California Employment Lawyers

One of the most common things we hear from employees is, “I didn’t know there was a deadline.” California employment laws give workers significant protections, but every claim comes with a time limit. Miss it, and a strong claim can be lost no matter how good the evidence is.

Deadlines vary depending on the type of claim, the agency involved, and whether you work for a private company or a public employer. Below is an overview of the main deadlines California workers should know as of 2026. These are general rules. Exceptions, tolling, and the specific facts of your situation can change the answer.

Discrimination, Harassment, and Retaliation Under FEHA

Most claims of workplace discrimination, harassment, failure to accommodate, and related retaliation in California arise under the Fair Employment and Housing Act (FEHA). FEHA claims follow a two-step process.

Step 1: File With the Civil Rights Department Within Three Years

Before you can sue under FEHA, you must file a complaint with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing. Under Government Code section 12960, you generally have three years from the date of the unlawful practice to file. This period was extended from one year to three years by Assembly Bill 9, which took effect on January 1, 2020.

The law allows limited extensions in certain circumstances, such as when an employee first learned of the facts of the unlawful practice shortly after the deadline, or when the employee was a minor. Where conduct is ongoing, such as continuing harassment, the continuing violation doctrine may allow earlier acts to be considered along with more recent ones. These exceptions are fact-specific, so it is better not to rely on them.

Step 2: File a Lawsuit Within One Year of the Right-to-Sue Notice

You can ask CRD to investigate, or you can request an immediate right-to-sue notice if you plan to go to court. Once a right-to-sue notice is issued, you generally have one year from the date of the notice to file a lawsuit (Government Code section 12965). Requesting a notice starts that one-year clock, so it should be timed carefully, ideally with an attorney’s help.

Federal Discrimination Claims (EEOC)

Federal laws such as Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act require you to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). Because California has its own fair employment agency, the federal filing deadline here is generally 300 days from the discriminatory act. After the EEOC issues a notice of right to sue, you generally have 90 days to file a federal lawsuit. CRD and the EEOC have a work-sharing arrangement, but if you want to preserve federal claims, confirm that a charge is filed with the EEOC within the federal deadline.

Family and Medical Leave (CFRA)

Claims under the California Family Rights Act, such as interference with protected leave or retaliation for taking it, are part of FEHA and generally follow the same CRD process and three-year filing deadline.

Wrongful Termination in Violation of Public Policy

A common-law claim for termination in violation of public policy, sometimes called a Tameny claim, does not require an agency filing. It is generally subject to a two-year statute of limitations under Code of Civil Procedure section 335.1, measured from the date of termination.

Whistleblower and Labor Code Retaliation Claims

• Labor Commissioner retaliation complaints: if you were fired or punished for activity protected under laws the Labor Commissioner enforces, such as complaining about unpaid wages, you generally must file a complaint with the Labor Commissioner’s Office within one year (Labor Code section 98.7). That period may be extended for good cause.
• Workplace safety retaliation: if you were retaliated against for raising a health or safety complaint, you may also have a separate right to file a federal OSHA complaint, which has a much shorter 30-day deadline.
• Whistleblower lawsuits under Labor Code section 1102.5: these are generally subject to a three-year statute of limitations for liability created by statute (Code of Civil Procedure section 338).

Unpaid Wages, Overtime, and Break Premiums

• Labor Code wage claims: claims for unpaid minimum wages, overtime, and meal and rest break premiums are generally subject to a three-year statute of limitations (Code of Civil Procedure section 338). This applies whether you file a wage claim with the Labor Commissioner or a lawsuit.
• Unfair Competition Law: in some cases, unpaid wages can be recovered as restitution under Business and Professions Code section 17200, which has a four-year limitations period (section 17208).
• Written contracts: claims for wages owed under a written agreement generally have four years (Code of Civil Procedure section 337). Oral agreements generally have two years (section 339).
• Federal FLSA claims: generally two years, or three years for willful violations.

Wage claims are usually measured pay period by pay period, so each paycheck that drops out of the limitations window may be lost. Waiting even a few months can reduce what you are able to recover.

Equal Pay Act Claims

California’s Equal Pay Act (Labor Code section 1197.5) was amended by Senate Bill 642, effective January 1, 2026. A civil action may now be filed within three years after the last date the cause of action occurs, and an employee may obtain relief for the entire period of the violation, up to six years. The previous rule was two years, or three for willful violations.

PAGA Representative Claims

Under the Private Attorneys General Act, an employee must first give written notice to the Labor and Workforce Development Agency and the employer before filing a lawsuit. The one-year statute of limitations for PAGA penalties (Code of Civil Procedure section 340) means that notice should be sent well within one year of the violations.

Special Rules for Public Employees

If you work for a city, county, school district, or state agency, additional rules may apply. Many claims for money damages against a public entity require a written government claim to be presented first, generally within six months for injuries to a person (Government Code section 911.2). FEHA claims generally follow the CRD process instead, but other claims may not. Public employees should get advice early.

Other Deadlines to Watch

• Defamation, such as false statements about you to a future employer: generally one year (Code of Civil Procedure section 340).
• Intentional infliction of emotional distress: generally two years (Code of Civil Procedure section 335.1).

Why You Should Not Wait

Even when the legal deadline is years away, waiting has costs. Witnesses leave the company, memories fade, emails and video are deleted under routine retention policies, and wage claims shrink as older pay periods fall outside the limitations window. Several claims, including Labor Commissioner retaliation complaints and PAGA notices, have deadlines of a year or less. An early consultation lets an attorney identify every claim that may apply and the earliest deadline among them.

Talk to Our Torrance Office About Your Deadlines

Rastegar Law Group has represented California employees since 1991. If you work in Torrance or anywhere in the South Bay, we can review your situation and help you understand which deadlines apply. Visit us at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, Monday through Friday from 9:00 a.m. to 6:00 p.m., or meet by video. Consultations are free and confidential, in English, Spanish, or Farsi, and we handle cases on a contingency fee basis. Call (310) 961-9600 or request a free case evaluation.

This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines depend on the specific facts of your situation and can change when laws are amended, so consult an attorney about your case.

Whether you work a 12-hour shift at a refinery, a double at a restaurant in Redondo Beach, or a long day on a hospital floor in Torrance, California law gives you the right to stop working and take a break. These rules are some of the most frequently violated in the state, often because employers are understaffed, schedules are tight, or managers simply expect people to keep working.

This guide explains the basic meal and rest break rules for non-exempt employees in California, what employers have to do, and what happens when breaks are missed.

Where the Rules Come From

California’s break requirements come mainly from Labor Code sections 226.7 and 512 and from the Industrial Welfare Commission (IWC) wage orders, which set rules for specific industries. The wage order that applies to you depends on your employer’s industry. Most of the core rules are the same across wage orders, but some industries, such as health care, have specific variations. The rules below apply to most non-exempt (hourly) employees.

Meal Break Rules

When You Are Entitled to a Meal Break

• Shifts over 5 hours: you are entitled to one unpaid, uninterrupted 30-minute meal period, starting no later than the end of your fifth hour of work.
• Shifts of 6 hours or less: the first meal period can be waived if you and your employer both agree.
• Shifts over 10 hours: you are entitled to a second 30-minute meal period, starting no later than the end of your tenth hour of work.
• Shifts of 12 hours or less: the second meal period can be waived by mutual agreement, but only if the first meal period was not waived.

What “Duty-Free” Means

In Brinker Restaurant Corp. v. Superior Court (2012), the California Supreme Court held that employers must provide meal periods by relieving employees of all duty, giving up control over their activities, and allowing a reasonable opportunity to take an uninterrupted 30-minute break. Employers do not have to force employees to take the break, but they cannot discourage it, pressure employees to skip it, or create conditions that make taking it impractical.

If you are expected to answer the phone, watch a station, or stay available while eating, that is generally not a compliant meal period. Time you spend working is also time that must be paid.

On-Duty Meal Periods

An “on-duty” meal period is allowed only in limited situations: when the nature of the work prevents the employee from being relieved of all duty, and the employee and employer agree in writing. The employee can revoke that agreement in writing at any time, and an on-duty meal period must be paid.

Rest Break Rules

How Many Rest Breaks You Get

Under the wage orders, employees are entitled to a paid 10-minute rest period for every 4 hours worked or “major fraction” of 4 hours. In practice, that usually works out to:

• Less than 3.5 hours: no rest break required
• 3.5 to 6 hours: one 10-minute rest break
• More than 6 and up to 10 hours: two rest breaks
• More than 10 and up to 14 hours: three rest breaks

Rest breaks should be taken in the middle of each work period insofar as practicable. Rest breaks are paid time and count as hours worked, so your employer may not deduct them from your pay.

No “On-Call” Rest Breaks

In Augustus v. ABM Security Services, Inc. (2016), the California Supreme Court held that during rest periods, employers must relieve employees of all duties and give up control over how they spend their time. Requiring employees to keep a radio on, stay on call, or respond to calls during a rest break generally does not comply with the law.

What Your Employer Owes When a Break Is Missed

When an employer fails to provide a compliant meal or rest break, Labor Code section 226.7 requires it to pay one additional hour of pay at the employee’s regular rate of compensation for each workday the violation occurs. An employee can receive up to one premium per workday for meal period violations and one per workday for rest period violations.

In Ferra v. Loews Hollywood Hotel, LLC (2021), the California Supreme Court held that the “regular rate of compensation” for break premiums is the same as the regular rate used for overtime. That means it includes non-discretionary pay such as certain bonuses and shift differentials, not just the base hourly wage.

A meal period that starts late (after the fifth hour), is cut short, or is interrupted can trigger a premium, not only a break that is skipped entirely. In Naranjo v. Spectrum Security Services, Inc. (2022), the California Supreme Court held that break premiums are wages, which means unpaid premiums can support additional claims for inaccurate wage statements and late final pay.

Records and Time Rounding

Employers must keep accurate records of when meal periods start and end. In Donohue v. AMN Services, LLC (2021), the California Supreme Court held that employers cannot round meal period time punches, and that time records showing missed, short, or late meal periods create a rebuttable presumption of a violation. If your timecard shows a short or late meal break and no premium appears on your pay stub, that is worth looking into.

Other Breaks California Workers May Be Entitled To

• Lactation breaks: employers must provide reasonable break time and a private space, other than a bathroom, for employees to express breast milk (Labor Code sections 1030 through 1034).
• Heat recovery periods: workers in outdoor and certain indoor workplaces covered by Cal/OSHA heat illness rules have the right to take cool-down rest when needed to prevent overheating. Missing a required recovery period can also trigger a premium under section 226.7.

Exceptions to Be Aware Of

Exempt employees, such as properly classified executives, administrators, and professionals, are not covered by these rules. Some employees covered by qualifying collective bargaining agreements in certain industries, such as construction, commercial driving, and security services, may have different meal period rules under Labor Code section 512. Being called exempt or paid a salary does not by itself make you exempt, so misclassified employees may be owed break premiums too.

What to Do If You Are Not Getting Your Breaks

• Keep your own notes of missed, late, short, or interrupted breaks, including dates and what prevented the break.
• Save pay stubs and schedules, and request your time and payroll records in writing.
• Note any instructions from managers discouraging breaks, including texts or group messages.
• Remember that retaliation for raising wage issues is illegal (Labor Code section 98.6).

Claims for unpaid break premiums are generally subject to a three-year statute of limitations, and in some cases a four-year period under California’s Unfair Competition Law. Because each workday can be a separate violation, waiting can reduce what you are able to recover.

Talk to Our Torrance Office

Rastegar Law Group has represented California workers in wage and hour matters since 1991, including meal and rest break claims for individuals and groups of employees. If you work in Torrance or elsewhere in the South Bay, visit us at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, Monday through Friday from 9:00 a.m. to 6:00 p.m., or meet by video. Consultations are free and confidential, in English, Spanish, or Farsi, and we handle cases on a contingency fee basis. Call (310) 961-9600 or contact us online. Learn more on our Torrance wage and hour page.

This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and the rules that apply depend on your specific facts.

Getting fired is disorienting. In the hours and days afterward, most people are thinking about rent, health insurance, and what to tell their family, not about legal strategy. But what you do in the first few weeks can make a real difference if your firing turns out to be unlawful.

California is an at-will state. Under Labor Code section 2922, most employers can end employment without giving a reason. But they cannot fire someone for an illegal reason, such as discrimination, retaliation for a complaint, taking protected leave, or refusing to break the law. Here is a practical checklist for California workers who think their termination crossed that line.

1. Write Down What Happened While It Is Fresh

As soon as you can, write a detailed account of the termination meeting: the date and time, who was there, what reason they gave, and any documents you were handed or asked to sign. Then go further back. Build a timeline of the events leading up to the firing, such as complaints you made, leave you requested, a disability or pregnancy you disclosed, performance reviews, and changes in how your manager treated you.

Timing often matters in wrongful termination cases. A firing that comes shortly after protected activity can be strong evidence. Under Labor Code sections 98.6 and 1102.5, adverse action within 90 days of certain protected activity creates a rebuttable presumption of retaliation.

2. Check Your Final Paycheck

When an employer fires you, all earned and unpaid wages are generally due immediately at the time of termination (Labor Code section 201). That includes accrued, unused vacation or paid time off. If the final pay is late, the employer may owe waiting time penalties of up to 30 days of your daily wages (Labor Code section 203). Keep the final pay stub and note when and how you received it.

3. Request Your Personnel File and Payroll Records

California employees and former employees have the right to inspect or receive a copy of their personnel records. Under Labor Code section 1198.5, the employer generally must comply within 30 days of a written request. Under Labor Code section 226, you can also request your payroll records, which the employer generally must provide within 21 days. Labor Code section 432 also entitles you to copies of documents you signed relating to obtaining or holding your job. Make these requests in writing and keep a copy.

4. Do Not Rush to Sign a Severance Agreement

Severance offers usually come with a release, meaning you give up the right to sue in exchange for payment. Under Government Code section 12964.5, an agreement related to separation from employment that includes a release of claims must notify you of your right to consult an attorney and give you at least five business days to consider it. You can usually take that time. An attorney can review whether the amount is reasonable in light of any claims you may be giving up.

5. Preserve Evidence the Right Way

Save personal copies of texts, voicemails, and emails on your own devices, as well as any reviews, commendations, or write-ups you were already given. Write down the names and contact information of coworkers who saw relevant events. Do not take confidential company documents, trade secrets, or customer data, and do not access company systems after you have been told your employment ended. That can create legal problems of its own.

6. Return Company Property and Stay Professional

Return laptops, badges, and other company property promptly, and keep a record of what you returned and when. Avoid angry emails to managers or posts about your employer on social media. Anything you write may become evidence, and a calm record helps you.

7. Apply for Unemployment Benefits

Being fired does not automatically disqualify you from unemployment insurance. The Employment Development Department (EDD) decides eligibility, and benefits are generally denied only for misconduct as defined by unemployment law. California employers are required to give a written notice of the change in your employment status, along with information about unemployment insurance. Apply promptly. Collecting unemployment does not prevent you from pursuing an employment claim.

8. Understand Your Health Coverage Options

If you had employer health insurance, you may be able to continue it under federal COBRA or California’s Cal-COBRA, depending on the size of the employer. Covered California is another option. Watch the election deadlines in any notices you receive.

9. Know Your Rights About Your Next Job

Most non-compete agreements are void in California under Business and Professions Code section 16600, and California law now makes it unlawful for an employer to try to enforce one against you. Your former employer generally cannot stop you from working for a competitor, though valid confidentiality and trade secret obligations still apply.

10. Talk to an Employment Lawyer Before the Deadlines Run

Different claims have different deadlines. Under the Fair Employment and Housing Act (FEHA), you generally have three years to file a complaint with the California Civil Rights Department, then one year after a right-to-sue notice to file a lawsuit. A claim for termination in violation of public policy is generally subject to a two-year statute of limitations. A retaliation complaint with the Labor Commissioner generally must be filed within one year. See our guide on how long you have to file an employment claim in California for more detail.

An early consultation can help you understand which claims may apply, what evidence matters most, and whether a severance offer reflects what your claims may be worth.

Signs Your Firing May Have Been Illegal

• You were fired soon after complaining about harassment, discrimination, unpaid wages, or safety problems.
• You were fired during or soon after medical, pregnancy, or family leave, or after asking for a disability accommodation.
• The reason given does not match your performance record, or coworkers who did the same thing were not fired.
• You were fired after refusing to do something you believed was illegal.
• Comments about your age, race, gender, religion, or another protected trait came before the termination.
• You had a contract or written assurance that you would only be fired for cause.

None of these automatically means you have a case, and a firing can be unfair without being illegal. But if one or more sounds familiar, it is worth having an attorney look at the facts.

Talk to Rastegar Law Group in Torrance

Rastegar Law Group has represented California employees since 1991. If you live or work in Torrance or elsewhere in the South Bay, you can meet with us at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, Monday through Friday from 9:00 a.m. to 6:00 p.m., or by video. Consultations are free and confidential, in English, Spanish, or Farsi. We handle cases on a contingency fee basis, so you pay no attorney’s fee unless there is a recovery. Call (310) 961-9600 or request a free case evaluation. You can also learn more on our Torrance wrongful termination page.

This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and the rules that apply depend on your specific facts.