California Employment Law Glossary

At-will employment generally means either the employer or employee may end the relationship without advance notice or cause. It does not permit termination for an unlawful reason, in breach of a contract, or in violation of public policy. At-will employment guide →

Wrongful termination is a firing that violates a statute, constitutional protection, employment agreement, or fundamental public policy. Unfair treatment alone is not enough; the job loss must connect to a recognized legal protection. Wrongful termination rights →

Unlawful termination is another common phrase for a firing prohibited by law, such as termination because of discrimination, retaliation, protected leave, whistleblowing, wage complaints, or refusal to participate in illegal conduct. Unlawful termination help →

Constructive discharge can treat a resignation as an employer-caused termination when the employer intentionally creates or knowingly permits objectively intolerable working conditions that would compel a reasonable person to resign. Constructive discharge guide →

Retaliation is adverse treatment because a worker engaged in legally protected activity. The protected act, employer knowledge, later job action, timing, stated reason, and comparison with earlier treatment can all matter. Retaliation rights →

An adverse employment action is a materially negative workplace decision or course of conduct, such as firing, demotion, lost pay, reduced hours, undesirable reassignment, or another action that affects employment or could deter protected activity. California retaliation guide →

Protected activity is conduct the law shields from retaliation, including certain reports of discrimination, harassment, unpaid wages, safety concerns, legal violations, leave requests, accommodation requests, or group workplace concerns. Protected complaint guidance →

A whistleblower is a worker who discloses suspected legal or regulatory violations to a covered recipient or refuses to participate in conduct the worker reasonably believes would violate the law. Coverage depends on the statute and facts. Whistleblower protections →

Pretext is evidence that an employer's stated reason for a decision is not the genuine reason. Shifting explanations, inconsistent rules, weak documentation, timing, or different treatment of comparable workers can support a pretext argument. Wrongful termination evidence →

Reinstatement is restoration to a former job or a legally comparable position. It can be a remedy in some employment matters and is also a protection associated with qualifying family, medical, and pregnancy leave. Leave and reinstatement rights →

Wages are compensation earned for labor or services. Depending on the arrangement, wages can include hourly pay, salary, commissions, nondiscretionary bonuses, piece-rate earnings, overtime, and other earned amounts. Unpaid wage rights →

Minimum wage is the lowest hourly compensation required for covered work. California, local ordinances, industry rules, and limited statutory exceptions can affect the rate that applies to a particular worker and worksite. California wage guide →

Overtime is premium compensation owed to many nonexempt California employees after qualifying daily or weekly hours. The schedule, workday, workweek, regular rate, exemption status, and applicable wage order matter. California overtime rights →

Double time is compensation at twice the regular rate for certain extended work periods under California law. It is distinct from ordinary overtime and depends on actual hours worked and the governing rule. Overtime and double-time guide →

The regular rate of pay is the compensation rate used to calculate overtime and some other premiums. It can include more than the base hourly rate, such as certain bonuses, commissions, or shift differentials. Regular-rate guidance →

Hours worked generally include time an employee is subject to the employer's control and qualifying time the employee is suffered or permitted to work. Required pre-shift, post-shift, waiting, travel, or remote tasks can require review. Unpaid work-time guide →

Off-the-clock work is compensable work omitted from the employer's time records or pay. Examples can include required preparation, closing tasks, messages, security procedures, interrupted breaks, or work performed before clocking in. Off-the-clock wage rights →

An exempt employee is excluded from specified wage-and-hour protections only when the governing salary, duties, and other legal requirements are satisfied. A salary or job title alone does not establish an exemption. Salaried employee overtime guide →

A nonexempt employee is generally covered by minimum-wage, overtime, meal-period, rest-period, and timekeeping protections. Nonexempt status can apply to hourly or salaried workers. Nonexempt overtime rights →

A meal period is a qualifying duty-free break that must be provided to many nonexempt employees according to California timing and duration rules. On-duty, late, interrupted, or missed meals require fact-specific review. Meal-period rights →

A rest period is paid recovery time that must be authorized and permitted for many nonexempt employees. Work demands, on-call restrictions, interruption, timing, and whether the break was genuinely available can matter. Rest-period rights →

Meal or rest premium pay is additional compensation that may be owed for a workday when a compliant meal or rest period was not provided. The time records and actual break practice should be compared. Break premium guidance →

A final paycheck contains earned compensation due when employment ends. The payment timing can differ depending on whether the worker was fired, laid off, or resigned and whether advance notice was given. California final-pay guide →

A waiting-time penalty is a possible California remedy when an employer willfully fails to pay final wages when due. Whether wages were owed, when they became due, and whether nonpayment was willful all matter. Final-pay penalty guide →

An itemized wage statement is the pay-stub record California employers provide showing required payroll information. Missing or inaccurate hours, rates, deductions, employer identity, or other required items can reveal broader wage issues. Wage-statement guidance →

Expense reimbursement is repayment of necessary business costs an employee incurred while performing job duties. Mileage, required phone or internet use, tools, travel, and remote-work expenses can require review. Unreimbursed expense guidance →

A commission is compensation tied to sales or transactions under an agreement that should explain how earnings are calculated and become earned. Plans, actual practice, chargebacks, separation, and later amendments can affect payment. Commission agreement guidance →

Independent-contractor misclassification occurs when a business labels a worker as a contractor even though the governing legal test treats the worker as an employee. The label, agreement, or tax form does not decide status by itself. Misclassification rights →

The ABC test is a California worker-classification framework that examines freedom from control, work outside the hiring entity's usual business, and an independently established trade. Exceptions and other tests can apply. California ABC test guide →

FEHA is California's principal civil-rights law covering employment discrimination, harassment, retaliation, disability accommodation, pregnancy protections, and related workplace rights. Coverage varies by protection and employer. California discrimination rights →

A protected characteristic is a personal status the law shields from employment discrimination or harassment, such as race, sex, pregnancy, disability, age, religion, national origin, sexual orientation, gender identity, or another covered category. Protected-characteristic guide →

Workplace discrimination is unequal treatment in hiring, pay, promotion, assignments, discipline, layoff, termination, or another employment practice because of a protected characteristic. Workplace discrimination help →

Disparate treatment is intentional differential treatment because of a protected characteristic. Direct statements, comparator evidence, inconsistent standards, timing, and the employer's explanation can help show or disprove intent. Discrimination evidence guide →

Comparator evidence examines how the employer treated other workers in similar circumstances. The employees need not be identical, but relevant similarities in role, conduct, decision-maker, standards, or timing can matter. California discrimination guide →

A reasonable accommodation is a workplace change that enables a qualified worker with a disability or pregnancy-related limitation to perform essential duties or access employment, unless it would create undue hardship. Accommodation rights →

The interactive process is a timely, good-faith dialogue between employer and worker to identify job limitations and possible effective accommodations. Ignoring a request or ending discussion without exploring options can be significant. Interactive-process guide →

Undue hardship is significant difficulty or expense that may limit an employer's accommodation obligation. The analysis depends on the requested change, employer resources, operational impact, and available alternatives. Disability accommodation guide →

Essential job functions are the fundamental duties of a position, not every marginal task. Actual practice, written descriptions, business need, time spent, and the consequences of not performing a duty can inform the analysis. Accommodation and job duties →

A legally hostile work environment generally involves unwelcome conduct because of a protected characteristic that is severe or pervasive enough to alter working conditions. General rudeness or bullying is not automatically unlawful harassment. Hostile environment guide →

Sexual harassment includes unwelcome sexual advances, requests, messages, touching, or other verbal, visual, or physical conduct of a sexual nature, as well as qualifying sex- or gender-based harassment. Sexual harassment rights →

Quid pro quo harassment occurs when a job benefit, opportunity, threat, or employment decision is conditioned on accepting or rejecting unwelcome sexual conduct. Quid pro quo guidance →

Pregnancy discrimination is adverse treatment because of pregnancy, childbirth, breastfeeding, loss of pregnancy, or a related physical or mental condition. Leave, accommodation, harassment, and retaliation protections can overlap. Pregnancy workplace rights →

Age discrimination is adverse employment treatment because a covered worker is age 40 or older. Hiring, promotion, performance management, layoff selection, replacement evidence, and age-related comments can be relevant. Protected-status discrimination guide →

CFRA is California's family and medical leave law. It can provide eligible workers job-protected leave for their own serious health condition, family care, qualifying military needs, or bonding with a new child. CFRA leave rights →

FMLA is the federal family and medical leave law. It can provide eligible employees of covered employers unpaid, job-protected leave with continued group health coverage for qualifying reasons. FMLA and CFRA guide →

PDL is California job-protected leave for an employee disabled by pregnancy, childbirth, loss of pregnancy, or a related physical or mental condition. Medical need determines the leave actually required. Pregnancy leave rights →

Baby-bonding leave is job-protected time that may be available after a child's birth, adoption, or foster placement. It is distinct from leave needed because the employee is medically disabled by pregnancy or childbirth. Pregnancy and bonding leave →

A serious health condition is an illness, injury, impairment, or physical or mental condition meeting the CFRA or FMLA standard, often through inpatient care or continuing treatment. The exact statutory definition controls. Medical leave guide →

Intermittent leave is protected leave taken in separate blocks for one qualifying reason rather than as one continuous absence. Medical necessity, notice, certification, and scheduling rules can apply. Intermittent leave rights →

Reduced-schedule leave lets a qualifying employee work fewer hours per day or week for a covered reason. It may overlap with intermittent leave or disability accommodation. Reduced-schedule leave guide →

Medical certification is health-care-provider documentation supporting a leave or accommodation request. The employer may seek information allowed by the governing law but does not automatically need every detail of a diagnosis. Medical leave documentation →

Leave interference is conduct that restrains, denies, discourages, or obstructs a worker's exercise of protected leave rights. Delayed notices, misinformation, attendance penalties, or denied restoration can be relevant. Leave interference rights →

Leave retaliation is adverse treatment because a worker requested, used, or supported qualifying protected leave. The employer may still take an unrelated action it would have taken without the leave. Medical leave retaliation guide →

Job restoration is the right of a qualifying employee to return after protected leave to the same position or a legally comparable or virtually identical position, subject to applicable exceptions. Return-to-work rights →

Paid sick leave is compensated time that covered California employees may use for qualifying health, care, safety, or related reasons. State, local, employer, and collective-bargaining rules can overlap. California leave rights →

An employment contract is an agreement governing compensation, duties, duration, termination, dispute procedures, confidentiality, or other job terms. A contract can be written, oral, or implied depending on the issue and law. Employment contract guide →

An offer letter records proposed job terms such as role, pay, start date, benefits, contingencies, and at-will status. Some promises may be enforceable even when the relationship remains at will. Offer-letter guidance →

A commission agreement explains how sales compensation is calculated, credited, earned, adjusted, and paid. The written terms should be compared with actual practice and records. Commission contract guide →

An arbitration agreement requires covered disputes to be decided outside court by an arbitrator. Enforceability can depend on formation, wording, fairness, governing federal law, and the claims involved. Arbitration agreement guidance →

A noncompete agreement restricts work for another business or operation of a competing business after employment. California broadly voids employment noncompetes outside statutory exceptions, while trade-secret and confidentiality duties remain separate. California noncompete guide →

A severance agreement offers compensation or benefits connected to job separation, often in exchange for a release and other promises. Final earned wages are separate from discretionary severance consideration. Severance review guide →

A release of claims is an agreement giving up specified existing legal claims, usually through the signing date. Scope, unknown-claims language, exceptions, consideration, and federal waiver rules require careful review. Release-language guide →

A confidentiality clause restricts disclosure of specified information. It should be read separately from trade-secret duties, protected agency reporting, lawful workplace discussions, and statutory limits on employment agreements. Severance restriction review →

A non-disparagement clause limits negative statements about a party. Employment agreements must be reviewed for statutory carve-outs involving unlawful workplace conduct, agency participation, and other protected communications. Non-disparagement guidance →

The California Labor Commissioner's Office, also called the Division of Labor Standards Enforcement, enforces many wage, hour, retaliation, and labor laws and administers wage claims and other complaint processes. California labor-law guide →

The California Civil Rights Department enforces state civil-rights laws covering employment discrimination, harassment, retaliation, disability accommodation, CFRA, pregnancy disability leave, and related protections. California discrimination rights →

The EEOC is the federal agency that enforces federal employment discrimination, harassment, and retaliation laws. California CRD and EEOC filings can interact through a work-sharing arrangement. Workplace discrimination guide →

The U.S. Department of Labor's Wage and Hour Division enforces federal laws involving minimum wage, overtime, FMLA, and other worker protections within its jurisdiction. Federal leave rights →

The NLRB administers the National Labor Relations Act for covered private-sector workplaces, including rights involving organizing, unions, and employees acting together about wages or working conditions. Labor and union rights →

Protected concerted activity generally involves employees acting together to improve pay or working conditions. One employee can also be protected when bringing a group concern or preparing group action. Concerted-activity guide →

Collective bargaining is the process through which a union and employer negotiate wages, hours, and other terms and conditions of employment for a represented group of workers. Union rights guide →

A CBA is the contract between an employer and union governing represented employees' pay, seniority, scheduling, discipline, grievance, arbitration, and other workplace terms. Collective-bargaining rights →

A grievance is a complaint pursued under a collective bargaining agreement or workplace procedure. A grievance may coexist with separate statutory wage, discrimination, retaliation, or labor-board rights. Union and statutory rights →

A wage claim is an administrative request to the Labor Commissioner for wages, penalties, or other compensation allegedly owed to an individual worker. Records and hearing procedures matter. California wage-claim guide →

An administrative complaint is a filing with a government agency before or instead of court litigation. The correct agency, allegations, exhaustion rules, and filing deadline depend on the claim. Employment filing guide →

A right-to-sue notice is an agency document authorizing a worker to pursue specified civil-rights claims in court. It does not decide whether the claim will succeed and can trigger a separate court deadline. Right-to-sue timing guide →

PAGA is a California enforcement law allowing qualifying employees to seek civil penalties on the state's behalf for Labor Code violations they personally experienced. It uses technical notice and filing procedures. PAGA claims guide →

A statute of limitations is a law setting the time to start a claim or lawsuit. Employment deadlines vary by legal theory, agency route, event, tolling rule, and applicable version of the law. California deadline guide →