Your rights at work in California: the complete guide

This guide is general information, not legal advice. Some jobs follow different rules, such as government work, some household jobs and jobs under a union contract. Where a rule has an exception, we say so in the same section.

On this page

• Do I have rights at work without papers?
• What should I write down, starting today?
• How much must I be paid, and when?
• When do I get overtime?
• What breaks do I get?
• Do I get paid sick days?
• What if it is hot or unsafe at work?
• What if I get hurt at work?
• What if my boss punishes me for speaking up?
• What if I face discrimination or harassment?
• What papers can my employer ask for?
• What if immigration agents come to my job?
• How do I get back pay I am owed?
• Can I get money when I cannot work?
• What changed in 2025 and 2026?
• Who can help for free in the Bay Area?
• Questions people ask

Do I have rights at work without papers?

Yes. California law says its protections, rights and remedies apply to everyone who works or has applied for work in the state, whatever their immigration status. The one exception is getting your old job back when federal law forbids it. Everything else applies to you.

That means you have the right to:

• Pay for every hour you work, at least the minimum wage
• Overtime pay for long days and long weeks
• Meal and rest breaks
• Paid sick days, at least 5 days or 40 hours a year
• A safe workplace, including water, shade and rest in the heat
• Workers' compensation if you are hurt on the job
• Fair treatment, free of discrimination and harassment
• Speaking up without being fired, cut or threatened

The agencies that enforce these rights say plainly that they do not ask about your status. The Labor Commissioner, which handles pay and retaliation, says it does not ask about immigration status and will not report it to other agencies. The Civil Rights Department, which handles discrimination, says it does not ask about citizenship or immigration status. In a wage or discrimination case, California law also says your status does not matter to whether your employer broke the law, and it limits when anyone can ask about it.

If you left the job, you can still act. If you left California or even the United States, you can still contact the Labor Commissioner to file a claim.

What should I write down, starting today?

Your own record of your hours and pay. You do not need a pay stub to have rights. Your own notes count as evidence, and they help you, a clinic and any agency see what you are owed.

Start today. Keep the record where your employer cannot reach it, like a notebook at home or your own phone, not a work phone or work computer.

• Each day you work: the date, start time, end time, and when your breaks started and ended. Write down breaks you did not get.
• Each payment: the date, the amount, and how you were paid (cash, check, deposit or app). Take a photo of each check or stub.
• Your employer: the business name, the address where you work, the owner's and supervisor's names. If you do not know the business name, the license plate of the person who pays you can help.
• Proof you already have: pay stubs, schedules, texts and messages about your hours or pay, photos of time cards, payment app screenshots.
• Problems: what happened, the date, who said it, and who saw it. This includes threats, injuries, heat, unsafe work and unfair treatment.

Mistakes to avoid: do not wait until something goes wrong to start. Do not keep your only copy at work. Do not write your immigration status in your notes. Use the My work record printable if a paper log is easier.

How much must I be paid, and when?

At least $16.90 an hour in 2026, or your city's rate if it is higher. Your employer must pay the highest rate that covers your job: the state rate, your city's rate, or a special rate for your industry.

The state rate goes up to $17.40 on January 1, 2027. City rates usually change each January, and several cities post next year's rate in the fall. Palo Alto has already set $19.25 for 2027. For more cities and the special rates for fast food and health care workers, see Minimum wage in California and Bay Area cities.

Tips are yours. In California, tips never count toward the minimum wage. Your employer must pay you at least the minimum wage and let you keep your tips. A tip pool may not pay owners, managers or supervisors. Tips left on a card must reach you by the next regular payday, with no fee taken out.

Paydays. Most workers must be paid at least twice a month. Pay for work from the 1st to the 15th is due by the 26th of that month. Pay for the 16th to the end of the month is due by the 10th of the next month. Weekly or every two weeks? Pay is due within 7 days after the pay period ends.

Cash is allowed, but you still get a pay stub. Every payday you must get a written statement, on a stub or a separate paper. It must show:

• Your gross pay and your net pay (what you take home)
• Total hours worked, if you are paid by the hour
• Each hourly rate and the hours worked at that rate
• Every deduction taken out
• The dates of the pay period
• Your name and the last four digits of a Social Security number or an employee ID number
• Your employer's legal name and address

No stub? Write that down too. It can help a claim later.

Your last paycheck. If you are fired or laid off, all your pay is due right away, on your last day, including vacation you earned. If you quit and gave at least 72 hours' notice, you must be paid on your last day. If you quit without notice, you must be paid within 72 hours. If your employer is late on purpose, they may owe you one day's pay for each day you waited, for up to 30 days. Unused vacation must be paid out; "use it or lose it" vacation rules are illegal. Unused sick days are usually not paid out. See When you must get your last paycheck.

Paycheck bounced? That is a wage problem too. A penalty for a bounced paycheck can be claimed within 1 year.

What happens next: if your pay was short, late or missing, you can file a wage claim. Jump to How do I get back pay I am owed?

When do I get overtime?

Most hourly workers earn one and a half times their regular pay for:

• Hours over 8 in one workday
• Hours over 40 in one workweek
• The first 8 hours on the seventh day in a row that you work in a workweek

You earn double your regular pay for:

• Hours over 12 in one workday
• Hours over 8 on the seventh day in a row

Your regular rate cannot be less than the minimum wage.

Farmworkers now have the same 8 hour and 40 hour rules. Large farm employers reached them in 2022. Employers with 25 or fewer workers reached them on January 1, 2025. Double time after 12 hours in a day applies too.

Overtime you were not told to work still gets paid. California law says employers must pay overtime whether they approved it or not. Your employer can discipline you for working extra hours without permission, but must still pay for every hour.

Can my boss make me work overtime? Usually yes. An employer can set your schedule and, in most cases, discipline you for refusing scheduled overtime. One clear exception: your employer cannot discipline you for refusing to work the seventh day in a workweek.

"But I'm on salary." Being paid a salary does not by itself take away overtime. To be exempt, a worker must mainly do certain kinds of work, such as managing or professional work, and be paid a salary of at least twice the state minimum wage for full time work. In 2026 that works out to $70,304 a year. If you are paid less than that, or most of your day is regular hands on work, ask a clinic whether you are owed overtime.

"But they call me a contractor." In California, a worker is an employee unless the business proves all three of these:

1. You are free from the business's control and direction in how you do the work.
2. Your work is outside the usual kind of work the business does.
3. You usually run your own independent business doing this kind of work.

If the business cannot prove all three, you are an employee, with the right to minimum wage, overtime and breaks. Some jobs have their own exceptions. If you think you were wrongly called a contractor, you can still file a wage claim and the Labor Commissioner may decide.

Some jobs have different overtime rules, including some household workers, government workers and workers under a union contract. A clinic can tell you which rules fit your job.

What to bring to a clinic: your daily hours log, your pay records, and anything that shows how you are paid (hourly, salary, by the job).

What breaks do I get?

A paid 10 minute rest break for every 4 hours you work, and an unpaid 30 minute meal break when you work more than 5 hours. If your employer does not give you a break the law requires, they owe you one extra hour of pay for that workday.

Rest breaks

• 10 minutes in a row for each 4 hours of work, or major part of 4 hours
• Paid. Rest breaks count as time worked.
• Not required if you work less than 3 and a half hours in a day
• Should come in the middle of each work period when possible
• Your employer must free you from all duties during the break

Meal breaks

• If you work more than 5 hours, you get a meal break of at least 30 minutes.
• It must start before the end of your fifth hour of work.
• If you work 6 hours or less, you and your employer can both agree to skip it.
• If you work more than 10 hours, you get a second 30 minute meal break. You can agree to skip the second one only if you did not skip the first.
• A meal break can be unpaid only if you are free of all duties. If the nature of the job means you cannot be relieved, an "on duty" meal break needs your written agreement, must be paid, and you can take back that agreement in writing at any time.

Your employer may not pressure you to skip breaks. The law does not require your employer to stop you from working through a break, but it must actually free you, give up control of your time, and not discourage you from taking it.

The extra hour. For each workday a required meal break is missed, you are owed one extra hour of pay at your regular rate. The same for a missed rest break. It is one hour per workday for each kind of break, not one hour per missed break. Missed heat cool down rests can also earn an extra hour (see What if it is hot or unsafe at work?).

Mistake to avoid: writing down only the days things went wrong. Write down every day, so your record shows the pattern.

Do I get paid sick days?

Yes. Most workers get at least 5 days or 40 hours of paid sick leave a year, whichever is more. That includes part time, temporary and household workers, like a nanny or caregiver hired by a family.

• You start earning on your first day, at least 1 hour for every 30 hours you work. You can start using it on your 90th day.
• Use it for yourself or family, including a child of any age, a parent, a parent in law, and one person you choose each year. You can also use it for checkups, for safe time if you are a victim of certain crimes, and now for jury duty or appearing in court as a witness.
• Ask out loud or in writing. Give notice ahead of time if you can, or as soon as you can if it is sudden.
• You do not have to find someone to cover your shift, and your employer generally cannot deny the time because you did not bring a doctor's note.
• Your balance must appear on your pay stub or a paper given with your pay.
• Sick pay is due by the next regular payday.
• Unused sick days are usually not paid out when you leave, but they come back if you are rehired within a year.

Your employer may not deny or punish you for using sick days. Owed sick pay can be part of a wage claim. For the full rules, see Paid sick days in California.

What if it is hot or unsafe at work?

You have the right to a safe workplace and to report problems to Cal/OSHA. By law, Cal/OSHA must keep your name confidential.

Heat. California has heat rules for outdoor and indoor work. Under both, your employer must give you fresh, cool, free water close to your work, a cool place to rest, training, and a written heat plan. Your employer may not make you bring or buy your own water.

• Outdoors: shade must be up whenever it is over 80 degrees. You may rest in the shade any time you feel you need to. If you feel sick, you may not be sent back to work until you feel better, and the rest must last at least 5 minutes, not counting the walk to the shade.
• At 95 degrees and up outdoors, farm, construction, landscaping, oil and gas, and heavy delivery jobs must follow extra steps, like close watching and a meeting before the shift. Farmworkers must get a cool down rest of at least 10 minutes every 2 hours.
• Indoors: the rule starts at 82 degrees inside. There must be a cool down area kept below 82 degrees. At 87 degrees, or 82 with heat trapping clothing or near hot machines, the employer must also measure the heat and cool the workplace.
• Denied a required cool down rest? That can mean one extra hour of pay for that workday.

For the full heat rules and a daily checklist, see Heat at work.

Workplace violence. Since July 1, 2024, most California employers must have a written workplace violence prevention plan that workers can see at any time, train workers every year, and keep a log of violent incidents without personal details. You can ask for certain of these records at no cost, and your employer must give them to you within 15 calendar days. Some workplaces are left out, including some with fewer than 10 workers that are not open to the public, and health care facilities that follow a different rule.

How to report a safety problem

1. Write down the problem, the date, and who saw it. Take photos only if it is safe and allowed.
2. File with Cal/OSHA online, or call or email the district office near your work, Monday to Friday, 8 a.m. to 5 p.m. Find your office by the zip code of your job. For an interpreter, call 833-579-0927.
3. If you leave out your contact information, Cal/OSHA treats it as an informal complaint. Giving your contact information makes it a formal complaint, and your name still stays confidential by law unless you say otherwise.

Refusing unsafe work. In some cases, refusing work that would break a safety rule is protected. Talk with a clinic before you refuse, because the details matter.

What if I get hurt at work?

Tell your employer right away, and ask for a workers' compensation claim form. California's workers' compensation law covers employees "whether lawfully or unlawfully employed,", and the state says injured workers are eligible for benefits for work related injuries. Do this, in this order

1. Get medical care. In an emergency, call 911.
2. Tell your supervisor or employer in writing, today if you can. Keep a copy. The state warns that if your employer does not learn about the injury within 30 days and that blocks a full investigation, you could lose your right to benefits.
3. Get the claim form (DWC 1). Your employer must give or mail it to you within one working day after learning about your injury or illness.
4. Fill out your part and give it back. Your employer must date it and give you a copy within one working day of getting it back. If you do not return the form, you may risk your right to benefits.
5. Keep everything: the form, medical papers, receipts and notes of who you spoke to.

What you can get. Workers' compensation has five basic benefits: medical care, temporary disability pay while you cannot work, permanent disability pay, a voucher for retraining for some injuries, and death benefits for the family. Once you turn in the claim form, you can get up to $10,000 in medical care while your employer decides whether to accept your claim.

Your doctor. For the first 30 days, your employer usually chooses the treating doctor, unless you named your own doctor before you were hurt, or your employer uses a network of doctors. There are ways to change doctors after that.

No insurance? If your employer illegally has no workers' compensation insurance, a state fund, the Uninsured Employers' Benefit Trust Fund, may still pay benefits, and then goes after the employer.

Punished for asking? It is illegal for your employer to treat you worse because you asked for workers' compensation.

State help. The Division of Workers' Compensation Information and Assistance Unit explains your rights and helps with forms. Call 1-800-736-7401 on weekdays during business hours. Nearby offices are in San Jose (224 Airport Parkway, Suite 600, (408) 277-1292), San Francisco (455 Golden Gate Ave., 2nd Floor, (415) 703-5020) and Oakland (1515 Clay St., 6th Floor, (510) 622-2861).

Mistakes to avoid: waiting to see if the pain goes away before telling anyone; telling only a coworker; signing papers you do not understand. Ask for an interpreter.

What if my boss punishes me for speaking up?

That may be illegal retaliation, and you can file a complaint with the Labor Commissioner. You usually have one year from the day it happened.

Retaliation means your employer fired you, cut your hours, moved you to a worse shift, or threatened you because you did something the law protects, like:

• Asking to be paid what you are owed, or complaining about pay
• Filing a wage claim, safety complaint or other complaint
• Using sick days
• Reporting a safety problem or an injury
• Telling coworkers about their rights, or helping them use them

Immigration threats are retaliation. In California, an employer may not do any of these to punish you for using your rights:

• Ask for more or different papers than federal law requires, or refuse papers that look real
• Use E-Verify to check you at a time or in a way federal law does not require
• File, or threaten to file, a false report with the police or a government agency
• Contact immigration, or threaten to contact immigration

What the law gives you. If you were fired or punished for a protected complaint about pay, you can ask to get your job back (unless federal law blocks it) and the pay and benefits you lost. If the punishment came within 90 days of your complaint, the law presumes it was retaliation, and your employer has to show otherwise. Employers can owe a penalty of up to $10,000 per worker for each violation. For immigration related retaliation, a court can also suspend the business's licenses.

How to file

1. Write down what you did (asked about pay, complained, used sick days), the date, and what your employer did after, with dates and who saw it.
2. Save texts, schedules and pay stubs that show your hours before and after.
3. File online on the Labor Commissioner's retaliation complaint page. You do not need a Social Security number or a photo ID to file.
4. Call 833-526-4636 if you need help or an interpreter.

Deadlines. Most retaliation complaints: 1 year. Equal pay complaints: 2 years, or 3 if the violation was willful. If you miss the deadline, a lawsuit may still be possible; ask a lawyer.

What if I face discrimination or harassment?

File a complaint with the California Civil Rights Department. You usually have three years from the last thing that happened. The department says the law applies to workers whatever their citizenship or immigration status, and it does not ask about status.

• Discrimination is illegal at businesses with 5 or more workers. It includes being treated worse because of race, color, ancestry, national origin, religion, age 40 and over, disability, sex, pregnancy, sexual orientation, gender identity, and other protected traits.
• Harassment is illegal at every workplace, even one with fewer than 5 workers.
• Equal pay: being paid less than coworkers for substantially similar work can be a separate equal pay claim. A 2026 change lets you go to court up to 3 years after the last violation, and seek pay for up to 6 years in some cases.

How to file. Start on the Civil Rights Department's How to file a complaint page, or call 800-884-1684 (TTY 800-700-2320, or California Relay 711).

What to bring: dates, what was said or done, who did it, who saw it, and copies of any messages. Write it down soon after it happens, while it is fresh.

Federal help for papers discrimination. If you were treated unfairly because of your citizenship status or national origin when hired, fired or asked for papers, the U.S. Department of Justice's Immigrant and Employee Rights Section (IER) takes charges. See the next section.

What papers can my employer ask for?

When you start a job, federal law requires you and your employer to fill out Form I-9. You choose which documents to show from the list on the form. Your employer cannot ask for or require one certain document.

How the I-9 works

• You show either one document from List A, or one from List B plus one from List C. The lists are on the form and on the government's acceptable documents page.
• Documents must be unexpired.
• If you show a List A document, your employer should not ask for any other document.
• If your work permit has an end date, your employer must check your new permission to work no later than the day it expires. That is required by federal rules. See Keep your DACA if you have DACA.

When a check of your papers may be illegal

In California, it is an unfair immigration related practice if your employer, to punish you for using your rights:

• Asks for more or different documents than federal law requires
• Refuses documents that look real
• Runs you through E-Verify when federal law does not require it
• Threatens to call immigration

If that happens after you complained or asked about pay, write down the dates and report it as retaliation to the Labor Commissioner (see What if my boss punishes me for speaking up?).

Federal help. The U.S. Department of Justice's Immigrant and Employee Rights Section handles citizenship status discrimination, unfair document practices and retaliation in hiring, firing and the I-9 process.

• Worker hotline: 1-800-255-7688 (TTY 711)
• Deadline: a charge must be filed within 180 days of the discrimination or retaliation.
• How: online, or with a form in English, Spanish, Arabic, Simplified Chinese, French, Haitian Creole, Korean, Portuguese, Russian, Tagalog or Vietnamese, sent by email, mail or fax.

What if immigration agents come to my job?

Stay calm, stay silent, and do not sign anything. You have the right to remain silent with immigration officers. You also have rights that come from California law about what your employer can allow.

What about agents in private areas and worker records?

California passed a law in 2017 that told employers not to let immigration agents into private areas of a workplace, or see worker records, without a judicial warrant or subpoena. A federal court blocked those two parts for private employers in 2018 (United States v. California, E.D. Cal., order of July 2018). The whole case was then dismissed by agreement on April 5, 2021. Whether those rules bind private employers today is a question for an employment attorney, and we have asked one. So do not count on your boss to keep agents out. Count on your own rights: stay silent, do not run, do not sign, and ask for a lawyer.

What your employer must do

• If there is an I-9 inspection, your employer must post a notice for workers within 72 hours of getting the inspection notice, in the language usually used at work. It must name the agency, the date the employer got notice, and what the inspection is about if known.
• If the inspection finds a problem with your papers, your employer must give you a copy of the results within 72 hours, with written notice of what the problems are, how long you have to fix them, the date and time of any meeting, and your right to have a representative there.
• If you are arrested or detained at work, and you named an emergency contact and asked to have them told, your employer must notify that person. Since March 30, 2026, employers must give you the chance to name an emergency contact. Do it now.

What you can do if agents come

• Stay silent. You can choose not to speak with an immigration officer. You can show a know your rights card that says you want to remain silent and speak to a lawyer. See Red cards.
• Do not run. Running may give agents a reason to detain you.
• Do not lie or show false papers. False documents may give agents a reason to detain you.
• Do not sign anything before talking to a lawyer.
• Ask for a lawyer. You have the right to contact an attorney about your immigration options.
• If someone is hurt or in danger, call 911.

Then call your county's rapid response line, run by trained local teams:

• San Mateo County: (203) 666-4472, open 24/7
• Santa Clara County: (408) 290-1144, open 24/7

These lines are for enforcement activity and detentions, not general questions. See Report immigration activity for what to tell them.

Get ready before anything happens. Name your emergency contact at work. Carry a red card. Make a plan for your children with Make a family preparedness plan. Read If immigration agents come for what to do at home and in public. The If agents come to work printable fits in a wallet.

How do I get back pay I am owed?

File a wage claim with the California Labor Commissioner. You do not need a lawyer, and the office does not ask about your immigration status.

How far back you can claim (count back from the day you file):

Close to a deadline? File now and keep gathering papers later. You do not need every paper to file.

Step by step

1. Gather what you have. Your hours log, pay stubs, texts and your employer's name and address. Send copies, never originals. The wage claim checklist has it all.
2. Fill out the claim form (DLSE Form 1). It comes in English, Spanish, Chinese, Korean, Vietnamese, Tagalog and Punjabi. It does not ask for a Social Security number. Your best guess of the amounts is fine. Check yes if you want a free interpreter.
3. File it online, by email, by mail, or in person. There is no Labor Commissioner office in San Mateo County. The nearest are in San Jose (224 Airport Parkway, Suite 300, (408) 277-1266), San Francisco and Oakland.
4. Keep your claim number. Put it in the subject line when you email the office.

What happens next

• Within about 30 days, a deputy tells you and your employer the next step. Most claims start with an informal settlement conference. No one is under oath.
• If you do not settle, there is usually a hearing. It is recorded and you promise to tell the truth. Bring originals plus copies. You can bring witnesses and an interpreter.
• Go to every meeting. If you miss the conference or hearing without a good reason, your claim is dismissed.
• The hearing officer decides within 15 days after the hearing. Either side can appeal to court within a short time. If your employer appeals, it must first post a bond for the full amount.
• If no one appeals, the decision becomes a court judgment. The Labor Commissioner can help collect.

For every step in detail, see How to file a wage claim.

In unincorporated San Mateo County and some nearby cities, the county's Office of Labor Standards Enforcement also takes minimum wage complaints, without regard to legal status. It covers unincorporated areas plus Belmont, Burlingame, Foster City, Half Moon Bay, Menlo Park, Redwood City and San Mateo. Call its free, confidential Labor Advice Hotline at 1-866-870-7725.

Mistakes to avoid: waiting for your employer to "make it right" while the deadline runs; sending your only copy of a paper; accepting a cash offer without knowing the full amount you are owed. A clinic can help you decide.

Can I get money when I cannot work?

Unemployment, no. Disability Insurance and Paid Family Leave, maybe. Paid sick days, yes.

• Unemployment benefits require permission to work. California does not have a program that pays unemployment benefits to workers without work permission.
• State Disability Insurance and Paid Family Leave are different. If State Disability Insurance (often shown as "SDI" or "CASDI" on a pay stub) was taken out of your pay, you may qualify even without a Social Security number. The state Employment Development Department explains how to apply on paper. Benefits for undocumented workers (EDD)
• Hurt on the job? That is workers' compensation, covered above in What if I get hurt at work?
• A few days off when you or family are sick? Use paid sick days.

What changed in 2025 and 2026?

These changes are confirmed on official sources. Laws keep changing, so check the official source linked in each section before you act.

• January 1, 2025: farm employers with 25 or fewer workers reached the same overtime rules as other jobs: overtime after 8 hours a day or 40 hours a week. Larger farms reached them in 2022.
• January 1, 2026: the state minimum wage rose to $16.90 an hour. Many Bay Area cities raised their rates too.
• January 1, 2026: under the Workplace Know Your Rights Act (SB 294), if you name an emergency contact and ask for it, your employer must notify that person if you are arrested or detained at work. Off site, this applies during work hours when the employer knows about it.
• February 1, 2026, and every year after: employers must give workers a written notice of their rights. It covers workers' compensation, notice of I-9 inspections, protection from unfair immigration related practices, your constitutional rights when law enforcement comes to work, the right to organize, new laws, and the agencies that enforce them. Ask your employer for it if you did not get it.
• March 30, 2026: employers must give workers the chance to name an emergency contact.
• By July 1, 2026: the Labor Commissioner was required to post videos about these rights. Ask the Labor Commissioner where to find them.
• 2026: paid sick leave can be used for more reasons, including jury duty, appearing in court as a witness under a subpoena or court order, and more situations for crime victims.
• 2026: equal pay claims can be taken to court up to 3 years after the last violation, with pay sought for up to 6 years in some cases.
• July 1, 2026: minimum wages rose again for many health care workers. See Minimum wage.
• September 18, 2026: a new federal public charge final rule took effect. If you have an immigration case, ask a lawyer before applying for any benefit.
• January 1, 2027 (coming): the state minimum wage rises to $17.40 an hour.

Who can help for free in the Bay Area?

You do not have to do this alone. These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Public agencies (the Labor Commissioner, Cal/OSHA and Workers' Compensation offer interpreters by phone)

• California Labor Commissioner: unpaid wages, breaks, sick pay and retaliation. 833-526-4636. How to file a wage claim
• Cal/OSHA: heat and safety complaints. 833-579-0927 for an interpreter. File a complaint
• Division of Workers' Compensation, Information and Assistance: work injuries. 1-800-736-7401. Information and Assistance
• California Civil Rights Department: discrimination and harassment. 800-884-1684. Employment
• U.S. Department of Justice, Immigrant and Employee Rights Section: I-9 and papers discrimination. 1-800-255-7688. IER
• San Mateo County Office of Labor Standards Enforcement: minimum wage in unincorporated San Mateo County and the cities it covers. Free, confidential Labor Advice Hotline 1-866-870-7725, olse@smcgov.org. OLSE
• EDD: Disability Insurance and Paid Family Leave. edd.ca.gov/undocumentedworkers

Nonprofit help

• Legal Aid at Work, Workers' Rights Clinic: free help for people within its income limits, or age 60 and over, in Spanish, Mandarin, Cantonese and many other languages. To make an appointment from East Palo Alto, call (415) 404-9093. Workers' Rights Clinic
• Rapid response lines for immigration activity: San Mateo County (203) 666-4472; Santa Clara County (408) 290-1144. Both 24/7.
• Immigration legal help to ask about risks before you file: see Free legal help in the Bay Area and Find a trusted lawyer.
• Not sure where to start? Dial 211 for free help finding local services.

What to ask a clinic

• Is my problem a wage claim, a retaliation complaint, a safety complaint, a workers' compensation claim or a discrimination complaint? Maybe more than one?
• What is my deadline?
• What are the risks for someone in my situation, and how can I lower them?
• Which records should I bring?
• Can you help me fill out the forms, in my language?
• If my employer punishes me, what should I do first?

Questions people ask

Can my boss pay me less because I don't have papers? No. The minimum wage, overtime and every other pay rule apply to you. If your pay is below the minimum for your city, you can file a wage claim. See How much must I be paid, and when?

Will the Labor Commissioner report me to immigration? The Labor Commissioner says it does not ask about immigration status and will not report it to other government agencies. The wage claim form does not ask for a Social Security number.

Can my employer threaten to call immigration if I complain? No. In California, threatening to contact immigration to punish you for using your rights is illegal retaliation. Starting January 1, 2027, a new law, AB 2495 (Labor Code 1019(b)), also bars using your real or perceived status in any way that would scare you out of using a right, even before you complain, with penalties up to $10,000 per person per violation. Write down what was said and when, and file a retaliation complaint within one year. See What if my boss punishes me for speaking up?

I'm paid in cash. Do I still have rights? Yes. Cash pay is allowed, but you must still get at least the minimum wage, overtime and a written pay statement every payday. Keep your own record of each payment.

My boss says I'm a contractor. Am I? Maybe not. In California, you are an employee unless the business proves all three parts of the test in When do I get overtime? You can still file a wage claim and let the Labor Commissioner decide.

My boss says overtime wasn't approved, so he won't pay it. Is that legal? No. California requires employers to pay overtime whether they approved it or not. They can discipline you for the extra hours, but they must pay for them.

I never get breaks. What am I owed? Up to one extra hour of pay for each workday you missed a required meal break, and one more for a missed rest break. You can claim it going back 3 years.

I got hurt but I'm afraid to report it. What should I do? Get medical care first. Then tell your employer in writing as soon as you can, because waiting more than 30 days can risk your benefits. Workers' compensation covers workers whether lawfully or unlawfully employed, and punishing you for asking is illegal. Call 1-800-736-7401 for state help with workers' compensation.

My employer wants to see new papers after I asked about my pay. Is that allowed? If your work permit is expiring, your employer must check your new permission to work by the day it expires. But if your employer asks for more papers than federal law requires to punish you for asking about pay, that is illegal in California. Talk to a clinic and see What papers can my employer ask for?

Can my employer choose which ID I show for the I-9? No. You decide which documents to show from the lists on the form. Your employer cannot ask for or require one certain document.

What should I do if ICE comes to my job? Stay silent, do not run, do not show false papers, and do not sign anything before talking to a lawyer. Then call your county's rapid response line. See What if immigration agents come to my job?

Do I get paid sick days if I work part time? Yes. You earn at least 1 hour for every 30 hours you work, starting your first day, and can use it from your 90th day. See Paid sick days in California.

I quit. When do I get my last check? On your last day if you gave at least 72 hours' notice, or within 72 hours if you did not. If it is late on purpose, you may be owed up to 30 days of extra pay. See When you must get your last paycheck.

Can I get unemployment without papers? No. Unemployment benefits require permission to work. You may still qualify for Disability Insurance or Paid Family Leave if SDI was taken from your pay. See Can I get money when I cannot work?

Do I need a lawyer? Not to file a wage claim, safety complaint or retaliation complaint. A free clinic can still help, and you should talk to an immigration lawyer or DOJ accredited representative if you have an immigration case or are worried about papers.

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You earned your pay. You deserve to be safe, and to be treated with respect. Whatever is happening at your job, there is a next step, and you do not have to take it alone. Start with one: write down today's hours. We are with you.