Jeffrey Fermin
May 2, 2026
-
33 Min Read

Los Angeles Labor Laws 2026: A Complete Guide for HR & Employer Compliance

Compliance
Los Angeles Labor Laws 2026: HR Compliance Guide

Accurate as of May 2, 2026. This guide is informational and not legal advice. For specific situations, consult licensed California employment counsel familiar with Los Angeles ordinances.

Los Angeles is a four-layer compliance jurisdiction. Federal labor law applies, California adds the most protective state-level employment framework in the country, the City of Los Angeles layers on local ordinances administered by the Office of Wage Standards (OWS), and Los Angeles County adds another set of rules for unincorporated areas. The same employee in Hollywood, Beverly Hills, and an unincorporated pocket of the County can be governed by three different scheduling rules.

2026 is heavy at the City level. The citywide minimum wage moves to $18.42 per hour on July 1, 2026, after a CPI-based 3.08% adjustment. The Citywide Hotel Worker Minimum Wage Ordinance ramps to $25 per hour on July 1, with an additional $8.15 per hour healthcare contribution that activates the same day. SB 525 healthcare worker minimum wage in Los Angeles County hospitals reaches $25 per hour on July 1. The City Fair Work Week Ordinance, the County Fair Workweek Ordinance (effective July 1, 2025), the LA Fair Chance Initiative, the LA County Fair Chance Ordinance, the Freelance Worker Protections Ordinance, the City Paid Sick Leave Ordinance, and SB 553 Workplace Violence Prevention all stay in force.

This guide covers what HR teams operating in Los Angeles actually need to know in 2026: City and County minimum wages, paid sick leave, predictable scheduling, hotel and healthcare worker rules, fair chance hiring, freelance contracts, workplace violence prevention, lactation, leave entitlements, classification, and enforcement. For HR teams handling investigations, accommodations, and complaints across multiple LA jurisdictions, AllVoices is an employee relations platform built to keep that documentation defensible.

The 2026 Los Angeles Employment Law Updates HR Teams Should Know First

Most LA-specific changes hit on July 1, the standard effective date for City and County wage adjustments. The shortlist:

  • City of LA minimum wage: $18.42/hour effective July 1, 2026. CPI-based 3.08% adjustment from the prior $17.87.
  • LA County minimum wage (unincorporated): $17.81/hour effective July 1, 2026. Set annually by the LA County Board of Supervisors based on CPI.
  • Citywide Hotel Worker Minimum Wage: $25/hour effective July 1, 2026 for hotels with 60 or more guest rooms, plus an $8.15/hour healthcare contribution (or equivalent benefits).
  • SB 525 healthcare worker wage: $25/hour effective July 1, 2026 for most employees of large LA County hospitals, large health systems, large county hospitals, and dialysis clinics.
  • LAX/airport worker ordinance suspended: Ordinance 188610 raised hotel and airport worker wages but is on hold pending a referendum review. Track closely. The hotel side is back in effect under a separate measure.
  • LA County Fair Workweek Ordinance in force. Effective July 1, 2025, applies to retail employers with 300+ workers globally operating in unincorporated LA County.
  • SB 553 workplace violence prevention enforcement continues. Cal/OSHA citations and abatement deadlines move quickly in LA region.
  • California minimum wage stays at $16.50/hour as of January 1, 2026 (most LA employers must follow the higher City rate).
  • California exempt salary threshold: $1,320/week / $68,640/year as of January 1, 2026 (tied to twice the state minimum wage).

Each of these is unpacked below alongside all the existing LA obligations that did not change.

Los Angeles Minimum Wage in 2026

What is the Los Angeles minimum wage in 2026?

The City of Los Angeles minimum wage rises to $18.42 per hour on July 1, 2026. The same wage applies to all employees who perform at least 2 hours of work in a workweek within the City limits, including part-time and temporary workers. Employees who do less than 2 hours of work in a workweek inside city limits are not covered for that week.

The OWS adjusts the citywide rate annually based on the Los Angeles metropolitan area Consumer Price Index for Urban Wage Earners (CPI-W), measured from August to August.

LA County minimum wage in unincorporated areas

For workers in unincorporated areas of LA County, the County minimum wage is $17.81 per hour effective July 1, 2026, also tied to a CPI methodology. About one million people live in unincorporated LA County, so this rate matters for HR teams running operations in places like East Los Angeles, View Park, Marina del Rey, Westmont, Florence-Graham, Topanga, and Hacienda Heights.

California state minimum wage

California's statewide minimum wage stayed at $16.50 per hour on January 1, 2026. The City and County rates are higher, so most LA employers must pay the local rate. Where a covered employee performs work in multiple jurisdictions, pay the higher rate that applies to the work in each location.

What the LA minimum wage does not include

  • There is no LA-specific tip credit. California prohibits any tip credit, so all tipped employees in LA are paid the full City or County minimum wage in addition to tips.
  • Service charges and mandatory gratuities are not tips and belong to the employee under California Labor Code Section 351 unless the employer keeps clear records showing otherwise.
  • Health benefits cannot be credited against the minimum wage in California.

The Citywide Hotel Worker Minimum Wage Ordinance

LA enacted a separate, much higher minimum wage for hotel workers. Hotel employers in the City of LA with 60 or more guest rooms must pay the Hotel Worker Minimum Wage on top of providing healthcare contributions.

2026 hotel worker rates

  • Effective July 1, 2026: $25.00 per hour cash wage.
  • Plus: $8.15 per hour for healthcare benefits (paid as additional wages if equivalent benefits are not provided).
  • Effective July 1, 2027: $27.50 per hour.
  • Effective July 1, 2028: $30.00 per hour.

After 2029, the rate moves with CPI under the formulas in Ordinance 188610, which became effective on September 8, 2025 after a referendum challenge fell short.

Service charge distribution

The Hotel Worker Living Wage Ordinance also requires that all service charges (banquet fees, room service charges, bellhop charges) be paid to the hotel workers who actually performed the services. Hotels cannot retain a portion of the service charge for management or general operating expenses.

Posting and recordkeeping

Hotel employers must post the Hotel Worker Minimum Wage notice in a conspicuous place at the worksite in English and any other language spoken by 5% or more of the hotel's workforce. Records must be retained for at least four years.

LAX and Airport Worker Wages

Workers at LAX who are covered by the Living Wage Ordinance (LWO) and Service Contract Worker Retention Ordinance (SCWRO) get rate adjustments tied to ordinance schedules. Ordinance 188610, which would have raised airport worker rates to $25.00/hour on July 1, 2026 and ultimately $30.00/hour by July 1, 2028, is currently suspended pending a referendum review.

What is in effect

While the ordinance is on hold:

  • LAX airport workers covered by the City's LWO continue to receive the prior LWO rates as adjusted annually.
  • Hotel workers under the Citywide Hotel Worker Minimum Wage Ordinance are still covered separately and the $25/hour rate effective July 1, 2026 is in force.
  • Service Contract Worker Retention Ordinance (SCWRO) requirements continue: when a service contract changes hands, the new contractor must offer the prior contractor's workers retention for a 90-day transition period if they have at least 12 months of service.

Track the airport ordinance closely. If the referendum fails, the rate schedule resumes; if the referendum succeeds, the prior LWO rate stays.

California Exempt Salary Threshold and Overtime Rules

2026 exempt salary threshold

California requires that exempt employees earn at least twice the state minimum wage on a salary basis. With the state rate at $16.50/hour, the 2026 threshold is:

  • $1,320 per week / $68,640 per year for the executive, administrative, and professional exemptions.
  • Plus the duties test must also be met (the federal duties test is not enough on its own in California).

The federal threshold of $684 per week is much lower and does not apply where California's rule is more protective.

Computer professional exemption

California computer software employees must earn at least $56.97 per hour ($118,657.43 per year) to qualify for the exemption in 2026. The threshold updates annually.

Daily overtime, weekly overtime, and double time

California overtime rules go further than federal:

  • 1.5x regular rate for hours worked over 8 in a workday.
  • 1.5x regular rate for hours worked over 40 in a workweek.
  • 1.5x regular rate for the first 8 hours on the 7th consecutive workday in a workweek.
  • 2x regular rate for hours worked over 12 in a workday.
  • 2x regular rate for hours worked over 8 on the 7th consecutive workday.

Meal and rest breaks

California requires unpaid meal periods of 30 minutes for shifts over 5 hours (a second 30-minute meal period for shifts over 10 hours), and paid 10-minute rest breaks for every 4 hours worked or major fraction thereof. Missed or late meal or rest breaks owe the employee one additional hour of pay at the regular rate per workday for each missed meal break and one for each missed rest break.

Final Paychecks in California and Los Angeles

When are final wages due?

  • Termination: all wages due immediately at the time and place of termination.
  • Resignation with at least 72 hours' notice: all wages due on the last day of work.
  • Resignation without notice: all wages due within 72 hours of the resignation.

Waiting time penalties

Late final wages trigger the waiting time penalty under Labor Code Section 203. The employee earns one full day of wages at the regular rate for each day late, up to 30 days. There is no LA-specific add-on, but the state penalty alone can exceed $10,000 for a high-earning employee.

Accrued vacation

California treats accrued vacation and PTO as wages. Any unused balance must be paid out at separation at the employee's final regular rate, regardless of company policy. "Use it or lose it" PTO policies are unlawful in California.

Los Angeles Paid Sick Leave

LA City has its own paid sick leave ordinance that sits on top of California's state-level paid sick leave law (which expanded to 40 hours per year on January 1, 2024 under SB 616). The City rule is more generous, so LA employers comply by following the City rate.

How much paid sick leave is required?

  • 48 hours per year of paid sick leave for any employee who works in the City for the same employer for 30 days or more within a year of starting employment.
  • 72-hour cap on accrual carryover.
  • Frontload or accrual: employers can frontload all 48 hours at the start of each year of employment, calendar year, or 12-month period, OR accrue at one hour per 30 hours worked.
  • Use after 90 days: employees can begin using accrued sick leave on the 90th day of employment.

Permissible uses

Sick leave can be used for the employee's or family member's diagnosis, care, or treatment of an existing health condition; preventive care; closure of business or child's school due to a public health emergency; reasons related to domestic violence, sexual assault, or stalking; care for a designated person of the employee's choosing (under California AB 1041 since 2023); and other purposes specified by California Labor Code Section 246.5.

No-doc rule

Employers cannot require documentation for sick leave use. The employer can ask the employee to provide reasonable advance notification when foreseeable.

California Paid Family Leave and State Disability Insurance

Paid Family Leave (PFL)

California PFL provides up to 8 weeks per 12-month period of partial wage replacement to bond with a new child, care for a seriously ill family member, or address a qualifying military exigency. As of January 1, 2025, the wage replacement rate is up to 90% of average weekly wages for low- and moderate-wage workers, and 70% for higher earners. The maximum benefit ties to the State Average Weekly Wage and adjusts annually.

State Disability Insurance (SDI)

SDI provides up to 52 weeks of partial wage replacement for an employee's own non-work-related illness or injury, including pregnancy-related disability. The 2026 weekly maximum is set under EDD's annual schedule. SDI is funded entirely through employee payroll deductions.

Pregnancy Disability Leave (PDL)

California's PDL provides up to 4 months of unpaid, job-protected leave for any pregnancy-related disability. PDL applies to employers with 5 or more employees and is separate from CFRA bonding leave.

California Family Rights Act (CFRA)

CFRA provides up to 12 weeks per 12-month period of unpaid, job-protected leave for the employee's own serious health condition, bonding with a new child, care for a family member with a serious health condition, or qualifying military exigency. CFRA applies to employers with 5 or more employees, far broader than federal FMLA's 50-employee threshold.

LA City Fair Work Week Ordinance

The LA Fair Work Week Ordinance (FWWO) applies to retail employers in the City of Los Angeles. The City rule is older and operates separately from the County rule covering unincorporated areas.

Who is covered?

The City FWWO applies to employers that have 300 or more employees globally, are identified as a retail business under the North American Industry Classification System (NAICS), and exercise control over wages, hours, or working conditions of any employee. Coverage includes franchise locations.

Schedule notice and predictability pay

  • 14 days' advance written notice of work schedules.
  • Predictability pay for changes within the 14-day window: one additional hour at the regular rate for any change with no loss of time or with added time exceeding 15 minutes.
  • One-half regular rate for time the employee was scheduled but not allowed to work when the start/end time of a shift moves by 15+ minutes or hours are reduced.
  • Written notification of any schedule change is required.

Rest between shifts

Employees have the right to at least 10 hours of rest between shifts. With the employee's written consent, the rest period can be shortened, but the second shift must be paid at 1.5 times the regular rate for any hour worked during what would have been the rest window.

Right of first refusal

Before hiring new employees, contractors, or temporary workers, the employer must offer the additional work hours to existing qualified employees. The offer must be made at least 72 hours before external hiring, and the employee must have 48 hours to accept.

Good-faith schedule estimates

New hires must receive a written good-faith estimate of their anticipated work schedule within 10 days of requesting it.

Penalties

Violations carry restitution to the employee, civil penalties to the City of up to $50 per day of withheld predictability pay, plus administrative fines for other violations.

LA County Fair Workweek Ordinance (Unincorporated Areas)

Effective July 1, 2025, the LA County Board of Supervisors enacted a Fair Workweek ordinance that applies to retail employers operating in unincorporated areas of the County.

Who is covered?

Retail employers with 300 or more employees worldwide (including franchise locations and temporary staffing agencies). Covered employees are those who qualify for the County minimum wage and perform at least 2 hours of work in a workweek in unincorporated LA County.

Key rules

  • Good-faith schedule estimates at hire and within 10 days of an existing employee's request.
  • 14 calendar days' advance written notice of work schedules.
  • 10 hours of rest between shifts required, or time-and-a-half pay for the disputed hour with written employee consent.
  • Right of first refusal for additional hours offered to existing qualified employees before external hiring.
  • Recordkeeping for at least 3 years.
  • No retaliation for asserting rights under the ordinance.

Schedule deviation tolerance

If an employee's actual schedule deviates substantially from the good-faith estimate (≥20% of hours, different days, location, or shifts outside the estimate in 6 of 12 weeks), the employer must document a legitimate business reason that was unknown at the time of the estimate.

SB 525: Healthcare Worker Minimum Wage in LA County

SB 525 sets a separate higher minimum wage for healthcare workers across California. Because LA County has more than 5 million residents, county-owned healthcare facilities fall into the same tier as the largest private hospitals.

2026 healthcare worker minimum wage rates

  • Large hospitals, large health systems, large county hospitals (10,000+ FTE), and dialysis clinics: $24/hour through June 30, 2026, then $25/hour effective July 1, 2026.
  • Independent hospitals with high government payor mixes and rural hospitals: phased rates lower than the large hospital tier.
  • Community clinics, primary care clinics, rural health clinics, urgent care: $21/hour through June 30, 2026.
  • Other covered health facilities: $23/hour from July 1, 2026 to June 30, 2028.

Coverage

SB 525 covers any worker employed at a covered facility who provides healthcare services or whose work supports patient care, including janitorial, food service, security, billing, scheduling, transport, gift shop, and laundry workers. Patient-facing labor is not required.

Salary threshold for exempt healthcare employees

Salaried exempt healthcare workers must earn at least 150% of the new healthcare minimum wage or 200% of the state minimum wage, whichever is greater, on a 40-hour-per-week basis.

California Pay Transparency in LA

California Labor Code Section 432.3 requires employers with 15 or more employees to include the pay scale in any job posting (positions that may ever be filled in California, including remote roles). LA-based employers must also comply with California pay data reporting (SB 1162) for employers with 100 or more employees.

Pay data reporting timeline

Pay data reports go to the California Civil Rights Department by the second Wednesday of May each year. Reports must include median and mean hourly rates by establishment, job category, race/ethnicity, and sex. Penalties run $100 per employee for the first failure and $200 per employee for subsequent failures.

Salary history ban

California prohibits employers from asking about prior salary, relying on salary history to set offers, or refusing to provide a pay scale to applicants who request one.

Equal pay rules

The California Equal Pay Act (Labor Code Section 1197.5) prohibits pay differentials between employees of different sexes, races, or ethnicities for substantially similar work. Differentials are permitted only when based on a seniority system, merit system, system measuring earnings by quantity or quality, or a bona fide factor other than sex/race/ethnicity that is job-related and consistent with business necessity.

The LA City Fair Chance Initiative for Hiring (LAFCIH)

The City of LA enacted the LAFCIH effective January 22, 2017, with monetary fines beginning July 1, 2017. The City rule layers on top of California's state-level Fair Chance Act (FCA) and is in some places more stringent.

Who is covered?

Any employer located or doing business in the City of LA that employs 10 or more employees. Coverage extends to City contractors and subcontractors.

Pre-offer rules

  • No criminal history questions on a job application.
  • No criminal history inquiries during a pre-offer interview.
  • Job postings must include a "Fair Chance" disclosure stating the employer will consider qualified applicants with criminal histories.
  • No publicly available criminal background searches before a conditional offer.

Post-offer assessment

After a conditional offer, the employer can ask about and consider criminal history. To withdraw the offer, the employer must perform a written individualized assessment under the LAFCIH and the California FCA, considering the nature and gravity of the offense, the time elapsed, and the nature of the job. The applicant must receive a copy of the assessment, the background report, and at least five business days to respond before final action.

LA County Fair Chance Ordinance (Effective September 3, 2024)

The LA County Fair Chance Ordinance for Employers, adopted by the Board of Supervisors on February 7, 2024, took effect September 3, 2024. It is meaningfully stricter than both the City rule and the California FCA.

Coverage

Applies to any employer with 5 or more employees that does business in unincorporated LA County or that has employees who perform any work in unincorporated LA County (including remote workers reporting into a covered location).

Key differences from state law

  • Job postings must include a Fair Chance disclosure with prescribed language.
  • Conditional offers must include a list of any laws or job duties that might trigger a criminal history check.
  • The pre-adverse action notice must be in writing, identify the specific convictions of concern, attach the background report and assessment, and give the applicant at least five business days to respond.
  • Employers must perform an individualized written assessment documenting the analysis under the FCA factors plus the County's additional considerations.
  • If an offer is rescinded, the final adverse action notice must include the right to file a complaint with the County and the deadline to file.

Penalties

The County can impose civil penalties of up to $5,000 per violation for the first offense, $10,000 for the second offense, and $20,000 for any subsequent offense, plus restitution.

LA Freelance Worker Protections Ordinance

Effective July 1, 2023, the City of LA Freelance Worker Protections Ordinance (FWPO) applies to any contract between a hiring entity and a freelance worker operating within the City limits.

Written contract trigger

Any contract valued at $600 or more (alone or aggregated with prior contracts in the same calendar year) must be in writing.

Required contract terms

  • Names and contact information for both parties.
  • Itemization of the services to be provided.
  • The value of each service.
  • The rate and method of compensation.
  • The date by which payment is due (or the mechanism for determining it).

Payment timing

Full payment is due by the date specified in the contract, or no later than 30 days after services are rendered if the contract has no payment date.

Recordkeeping

Hiring entities must retain the freelance contract and related records for at least four years. The OWS or the freelancer can request the records as part of an enforcement action.

Penalties and remedies

  • Failure to enter a written contract: damages equal to the value of the contract or work performed, whichever is greater.
  • Failure to pay the contracted amount on time: damages up to twice the unpaid amount.
  • Other violations: damages equal to the value of the contract or work performed, whichever is greater.
  • Freelancers can file a civil lawsuit or a complaint with the OWS within one year of the alleged violation.

California SB 988 (statewide)

California SB 988 (effective January 1, 2025) extended similar freelance protections statewide. LA hiring parties comply when they meet both the state and City standards. Where the rules differ, the more protective rule applies.

SB 553 Workplace Violence Prevention in Los Angeles

SB 553 (Labor Code Section 6401.9) requires nearly all California employers to maintain a written Workplace Violence Prevention Plan (WVPP) and a Violent Incident Log. The law took effect on July 1, 2024 and is enforced by Cal/OSHA.

Plan requirements

The WVPP must address how the employer will:

  • Accept and respond to reports of workplace violence and prohibit retaliation.
  • Communicate with employees about workplace violence hazards.
  • Respond to actual and potential workplace violence emergencies.
  • Train employees annually and at hire (interactive training that allows questions and answers).
  • Conduct workplace violence hazard assessments.
  • Identify and correct hazards.
  • Maintain a Violent Incident Log of every incident, including injuries, threats, and near-misses.

Coverage and exceptions

SB 553 applies to almost every California employer regardless of size, with exceptions for healthcare facilities (already covered by separate Cal/OSHA standards), corrections facilities, law enforcement agencies, teleworkers, and small workplaces with fewer than 10 employees that are not accessible to the public.

Recordkeeping

  • Violent Incident Log: 5 years.
  • Hazard assessment records: 5 years.
  • Training records: 1 year (or longer if other rules apply).
  • Investigation records: 5 years.

Cal/OSHA inspectors will ask for the WVPP, the log, and the training records. Reaction time matters. When an incident is reported, the documentation should be in place that day. A unified case management workflow for safety incidents pairs naturally with SB 553 reporting.

Lactation Accommodation in Los Angeles

California Labor Code Sections 1030 through 1034 require employers to provide lactation accommodations meeting specific standards. There is no LA-specific city ordinance, but the state standard is among the strongest in the country.

Required components

  • Reasonable break time for an employee to express breast milk for a child for up to one year after birth.
  • Lactation room in close proximity to the work area, shielded from view, free from intrusion, safe and clean, with a surface to place a breast pump and personal items, a place to sit, and access to electricity.
  • Refrigerator or another cooling device suitable for storing breast milk.
  • Access to a sink with running water in close proximity to the lactation room.
  • Written lactation accommodation policy distributed at hire and on request.

Penalties

Failure to provide lactation breaks or a compliant lactation room is a violation that can carry a $100-per-day penalty per affected employee, plus additional remedies under the FEHA and Labor Code.

Smaller Leave Categories Every LA Employer Should Track

Bereavement leave (AB 1949)

California requires employers with 5 or more employees to provide up to 5 days of bereavement leave for the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Leave can be unpaid unless company policy or a CBA says otherwise.

Reproductive loss leave (SB 848)

California provides up to 5 days of leave following a reproductive loss event, including miscarriage, stillbirth, failed adoption or surrogacy, or unsuccessful assisted reproduction. Leave can be unpaid; eligible existing PTO can be applied.

Crime victim leave

California Labor Code Sections 230 and 230.1 protect employees who take time off as victims of crime or to assist a family member who is a victim. Coverage extends to attending court, appearing as a witness, and accessing services.

Voting leave

California Election Code Section 14000 requires up to 2 hours of paid time off for an employee to vote if the employee does not have enough time outside of working hours.

Jury duty leave

Unpaid leave for jury duty is required, and employers cannot retaliate. Many LA employers provide paid jury duty as a benefit; the City of LA itself pays its workers for jury service.

School activity leave

California Labor Code Section 230.8 allows parents and guardians of children in K–12 or licensed childcare to take up to 40 hours per year (no more than 8 hours per month) of unpaid leave to attend school or childcare activities.

Organ and bone marrow donation leave

Employers with 15 or more employees must provide up to 30 paid business days in any one-year period for organ donation and up to 5 paid business days for bone marrow donation.

Discrimination, Harassment, and Retaliation Protections in LA

California's Fair Employment and Housing Act (FEHA) governs discrimination, harassment, and retaliation in LA. The FEHA covers employers with 5 or more employees for most claims and 1 or more employees for harassment claims.

Protected characteristics under FEHA

FEHA prohibits discrimination based on race (including hair texture and protective hairstyles under the CROWN Act), color, religion, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, and reproductive health decisions), gender, gender identity, gender expression, sexual orientation, age (40+), military or veteran status, and reproductive health decision-making (under SB 523).

Harassment training

Employers with 5 or more employees must provide:

  • 2 hours of harassment prevention training to supervisors within 6 months of hire and every 2 years thereafter.
  • 1 hour of training to non-supervisory employees within 6 months of hire and every 2 years thereafter.

Reasonable accommodation

FEHA requires employers to engage in a good-faith interactive process with employees who request accommodations for disability, pregnancy, religion, or victim status. The interactive process should be documented in writing. Failure to engage in the process is itself a separate FEHA violation.

Statute of limitations

FEHA claims have a three-year administrative deadline to file with the California Civil Rights Department (CRD), and a one-year right-to-sue window after CRD issues a notice. The longer FEHA window means investigation files should stay open for at least four years.

Cannabis and Off-Duty Conduct in California

California AB 2188 and SB 700 prohibit most employers from discriminating against employees or applicants based on:

  • Off-duty cannabis use away from the workplace.
  • A drug screen result that detects non-psychoactive cannabis metabolites.
  • An applicant's prior cannabis use.

What employers can still do

  • Prohibit on-the-job possession or use of cannabis.
  • Take action when an employee shows articulable, observable symptoms of impairment at work.
  • Test for impairment using a method that detects current impairment (not historical use).
  • Apply federal law where it requires drug testing (Department of Transportation, federal contracts, federal grants).

Off-duty conduct generally

Labor Code Sections 96(k) and 98.6 protect lawful off-duty conduct away from the employer's premises. Discrimination based on legal off-duty activity is unlawful unless the activity creates a real conflict of interest related to the employer's legitimate business.

Independent Contractor Classification in California

California's ABC test (codified in AB 5) makes worker classification stricter than nearly any other state. A worker is presumed to be an employee unless the hiring entity can show all three of the following:

  • A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work.
  • B: The worker performs work that is outside the usual course of the hiring entity's business.
  • C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

Statutory exemptions

Specific occupations have statutory exemptions and continue to use the older Borello multifactor test, including doctors, lawyers, accountants, real estate agents, certain marketing specialists, certain freelance writers and content contributors, professional services satisfying specific bona fide business-to-business criteria, and others. Exemption status must be confirmed against the current statute, since the list is amended frequently.

Penalties for misclassification

Civil penalties under Labor Code Section 226.8 reach $5,000 to $15,000 per misclassified worker, with $10,000 to $25,000 per worker for a pattern or practice of violations, plus liability for unpaid wages, overtime, meal and rest premiums, sick leave, business expense reimbursement, and PAGA penalties.

Worker Retention and Right of Recall Ordinances

Grocery Worker Retention Ordinance

When a grocery store changes ownership in the City of LA, the new owner must retain food workers from the prior employer for at least 90 days. After the 90-day period, the new owner must consider those workers for continued employment based on a written performance evaluation.

Service Contract Worker Retention Ordinance (SCWRO)

Service contractors performing work for the City of LA under contracts of $25,000 or more with terms of at least 3 months must retain the prior contractor's workers for a 90-day transition period if those workers had at least 12 months of service.

Right of Recall and Worker Retention (post-COVID, ongoing)

LA's 2020 Right of Recall and Worker Retention Ordinances apply to certain industries (hotels, event centers, commercial property service companies). Laid-off workers retain a right to be rehired into qualifying open positions, and a successor employer must retain workers for a 90-day transition period.

Non-Competes and Restrictive Covenants in California

California Business and Professions Code Section 16600 makes non-compete agreements void, with very narrow exceptions for the sale of a business interest and the dissolution of a partnership or LLC.

SB 699 and AB 1076 (effective January 1, 2024)

  • Prohibit employers from including void non-compete clauses in any contract or attempting to enforce one.
  • Require employers to notify former and current employees in writing by February 14, 2024 if their contract contained a void non-compete provision (compliance was a one-time act for most employers).
  • Make a violation a per-employee civil action with attorney's fees.

What is still enforceable

  • Trade secret protections under the California Uniform Trade Secrets Act and the federal Defend Trade Secrets Act.
  • Narrowly drafted customer non-solicitation provisions tied to actual trade secret misappropriation.
  • Confidentiality and non-disclosure agreements that do not function as de facto non-competes.

Out-of-state employers cannot enforce non-competes against California employees by including a choice-of-law provision selecting another state. California courts will refuse to apply the non-California law under Labor Code Section 925.

California WARN Act and LA Mass Layoffs

The California WARN Act (Labor Code Sections 1400-1408) is broader than the federal WARN Act and carries no good-faith defense.

Coverage triggers

  • Mass layoff: separation of 50 or more employees in a 30-day period at a single covered establishment.
  • Plant closing: the cessation or substantial cessation of operations at a covered establishment.
  • Relocation: moving operations 100 miles or more.

Notice requirements

Employers must provide 60 days' written notice to affected employees, the California EDD Workforce Services Branch, the local workforce development board, and the chief elected official of each city and county where the establishment is located.

Penalties

Failure to provide notice triggers liability for back pay and benefits for each day of violation, up to 60 days. California's law has no good-faith defense like the federal WARN Act, so even unintentional violations carry full penalties.

Recordkeeping Requirements for LA Employers

Stack federal, California, City of LA, and County rules:

  • Wage statements: 4 years (CA Labor Code Section 226).
  • Time records: 4 years.
  • City of LA OWS records (minimum wage and sick leave): 4 years.
  • LA County FWWO records: 3 years.
  • Freelance contracts: 4 years.
  • SB 553 Violent Incident Log: 5 years.
  • SB 553 hazard assessments: 5 years.
  • FEHA personnel files: 4 years (extended from 2 years by AB 1162).
  • Workplace injury / Cal/OSHA Form 300 logs: 5 years.
  • FMLA / CFRA records: 3 years.
  • I-9 forms: 3 years from date of hire or 1 year from termination, whichever is later.

Los Angeles Enforcement Agencies and Filing Forums

Multiple agencies enforce LA employment laws, and complaints often land at more than one at the same time.

  • City of LA Office of Wage Standards (OWS): minimum wage, paid sick leave, Fair Work Week, Hotel Worker Minimum Wage, Freelance Worker Protections, Fair Chance Initiative, Worker Retention.
  • LA County Department of Consumer and Business Affairs (DCBA): County minimum wage, County Fair Workweek Ordinance, County Fair Chance Ordinance.
  • LA City Bureau of Contract Administration: Living Wage Ordinance, Service Contract Worker Retention Ordinance.
  • California Civil Rights Department (CRD): FEHA discrimination, harassment, retaliation, pregnancy, accommodation, CROWN Act, pay data reporting.
  • California Labor Commissioner / DLSE: wage and hour, paid sick leave, retaliation, classification, anti-retaliation.
  • Cal/OSHA: safety standards, SB 553 workplace violence prevention, heat illness, COVID-19 standards, injury reporting.
  • EDD: SDI, PFL, unemployment insurance, WARN notices.
  • EEOC: federal Title VII, ADA, ADEA, PWFA, GINA claims (often filed alongside FEHA charges).
  • U.S. DOL Wage and Hour Division: federal FLSA, FMLA, Service Contract Act.
  • NLRB Region 21: National Labor Relations Act unfair labor practice charges.

PAGA: Private Attorneys General Act

California's Private Attorneys General Act lets a single aggrieved employee sue on behalf of all aggrieved employees and the State for Labor Code violations. PAGA is the most active class-style enforcement vehicle in California, and LA Superior Court is one of the most active venues.

2024 reforms

AB 2288 and SB 92 (effective July 1, 2024) reshaped PAGA. Key changes:

  • Standing: only employees who personally suffered each violation alleged can recover for that violation.
  • Cap on penalties: capped at 15% of the maximum penalty if the employer demonstrates "all reasonable steps" to comply, and 30% if the employer takes "all reasonable steps" within 60 days of a notice.
  • Cure provisions: meaningful cure for many wage statement violations.
  • Manageability: trial courts have express discretion to limit the scope of PAGA claims.

Practical impact

Documenting every wage statement, sick leave entry, and final paycheck is the practical defense. PAGA penalties accrue per pay period per employee, so a single error compounds quickly across a multi-year limitations window.

The CROWN Act: Hair and Hairstyle Protections in California

California was the first state to enact the CROWN Act (Create a Respectful and Open Workplace for Natural Hair Act) in 2019. The law amended FEHA to expand the definition of race to include traits historically associated with race, including hair texture and protective hairstyles.

Protected hairstyles

FEHA now expressly protects natural hair textures and protective hairstyles such as braids, locs, twists, Bantu knots, cornrows, and afros. Grooming policies that restrict natural Black hairstyles are presumed discriminatory under the FEHA, and "professional appearance" rules cannot be used as cover.

Health and safety exceptions

Where a legitimate health or safety concern exists (food service, hospital cleanrooms, construction PPE), the employer must consider the least restrictive accommodation, including hair ties, hair nets, head coverings, and modified PPE before restricting the hairstyle. Document the analysis. The CRD will look at whether the employer engaged in a real comparison of alternatives.

The Garment Worker Protection Act (SB 62)

Los Angeles is the largest garment manufacturing center in the United States, and the Garment Worker Protection Act (SB 62, effective January 1, 2022) targets the wage theft endemic to that industry.

Hourly wage requirement

Garment workers must be paid by the hour, not piece rate. Piece rate compensation is prohibited (with limited exceptions for collective bargaining agreements that meet specific minimums).

Joint and several liability

Brand guarantors and contractors share joint and several liability for wage and hour violations, including unpaid wages, damages, and penalties owed to garment workers. The brand cannot rely on the contractor's indemnity to escape liability.

Recordkeeping

Garment manufacturers must maintain records of contracts, hours worked, wages paid, and the identity of brand guarantors for at least four years.

Heat Illness Prevention in the Los Angeles Region

Cal/OSHA's outdoor heat illness standard (Title 8 Section 3395) and the indoor heat illness standard (Title 8 Section 3396, effective July 23, 2024) apply broadly in LA, where extreme heat is common across the region.

Outdoor heat illness standard

Employers with employees working outdoors must provide:

  • Fresh, cool drinking water (at least one quart per employee per hour) at no cost.
  • Access to shade when temperatures exceed 80°F, with a "high-heat" trigger at 95°F.
  • Cool-down rest periods upon request.
  • Heat illness prevention plan in writing in English and the language understood by the majority of the workforce.
  • Training at hire and annually.

Indoor heat illness standard

For indoor workplaces where the temperature reaches 82°F or higher, employers must provide cool-down areas, water, training, and acclimatization procedures. Stricter requirements apply once the temperature reaches 87°F.

Whistleblower Protections

California Labor Code Section 1102.5 prohibits employers from retaliating against employees who disclose information they reasonably believe constitutes a violation of state, federal, or local law to a government agency, a person with authority over the employee, another employee with authority to investigate, or any public body conducting an investigation.

Penalties

Civil penalties under Section 1102.5 reach up to $10,000 per violation per employee, in addition to compensatory damages, reinstatement, and attorney's fees. The 2021 amendment shifted the burden of proof to the employer once the employee shows protected activity was a contributing factor in the adverse action.

Internal reporting infrastructure

A documented internal reporting workflow is the practical defense. When an employee can show a complaint went into a formal intake system and was investigated under a defined procedure, retaliation cases get harder to win. The case file becomes the contemporaneous record.

Domestic Worker Bill of Rights

California's Domestic Worker Bill of Rights (Labor Code Section 1450 et seq.) extends overtime protections, paid sick leave, and other rights to domestic workers including nannies, housekeepers, and personal attendants in private homes. The City and County of LA do not currently add separate ordinances on top of the state framework, but the FEHA, the wage and hour rules, and SB 553 still apply where the employer meets coverage thresholds.

Reporting Time Pay in California

California IWC Wage Orders require reporting time pay when an employee shows up for a scheduled shift but is sent home or worked less than half the scheduled shift:

  • If sent home with no work: minimum half the scheduled day's shift, but no less than 2 hours and no more than 4 hours, at the regular rate.
  • If a second reporting on the same day: minimum 2 hours at the regular rate.

Reporting time pay applies in addition to Fair Work Week predictability pay where both rules are triggered. Track them separately on the pay stub so audits can reconcile.

California Background Check Rules (ICRAA and FCRA)

Employers conducting background checks in LA must comply with three layers of statutes:

  • Federal FCRA (Fair Credit Reporting Act): standalone written disclosure, written authorization, pre-adverse action notice with the report and FCRA summary of rights, and final adverse action notice.
  • California ICRAA (Investigative Consumer Reporting Agencies Act): additional disclosure requirements, including the name and address of the reporting agency and a statement of the consumer's rights under California law.
  • California CCRAA (Consumer Credit Reporting Agencies Act): applies to any credit-related background check, with additional notice and consent rules.

Driver's license requirements

California Government Code Section 12952 (effective January 1, 2025) prohibits requiring a driver's license in a job posting unless driving is an essential function and an alternative form of transportation cannot reasonably be substituted. Many job postings still violate this rule; review templates carefully.

Pregnant Workers Fairness Act and California Pregnancy Protections

The federal Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, adds federal accommodation rights to the state-level California Pregnancy Disability Leave Law (PDL) and FEHA pregnancy protections.

Federal PWFA

PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship. Common accommodations include additional bathroom breaks, water at the workstation, modified seating, lighter duty, telework where feasible, and time off for prenatal appointments.

California PDL

California's PDL provides up to 4 months of unpaid, job-protected leave for pregnancy-related disabilities. PDL applies to employers with 5 or more employees and is in addition to CFRA bonding leave. California's rule is generally more protective than the PWFA.

Reproductive health decision-making

California SB 523 (effective January 1, 2023) added reproductive health decision-making as a protected characteristic under FEHA, covering decisions about contraception, fertility, abortion, and other reproductive health matters. Employers cannot discriminate, retaliate, or require employees to disclose these decisions.

California Wage Statement Requirements

California Labor Code Section 226 requires wage statements (pay stubs) for every California employee that include nine specific items:

  1. Gross wages earned.
  2. Total hours worked (for non-exempt employees).
  3. All deductions.
  4. Net wages earned.
  5. Inclusive dates of the pay period.
  6. Name of the employee and the last four digits of their Social Security number or an employee identification number.
  7. Name and address of the legal entity that is the employer.
  8. All applicable hourly rates and the corresponding hours worked at each rate.
  9. For piece-rate workers (where allowed), units earned and applicable piece rate.

Penalties

A knowing and intentional failure to provide a compliant wage statement triggers statutory damages of $50 for the first pay period and $100 for each subsequent pay period, capped at $4,000 per employee, plus attorney fees, plus PAGA penalties of $100 per employee per pay period for the first violation and $200 per employee per pay period thereafter.

AB 1228: Fast Food Worker Minimum Wage

California AB 1228 raised the minimum wage for fast food workers at chains with 60 or more locations nationwide to $20 per hour effective April 1, 2024. The rate adjusts annually based on the lower of CPI or 3.5%, set by the Fast Food Council.

Coverage

A fast food restaurant under AB 1228 is a limited-service restaurant in California, part of a chain of at least 60 establishments nationally, that primarily provides food and beverages for immediate consumption. Bakeries, restaurants connected to grocery stores, and certain airport and casino restaurants have specific exclusions.

Salary threshold for exempt fast food workers

Salaried exempt fast food workers must earn at least 200% of the fast food minimum wage on a 40-hour-per-week basis (currently $83,200 per year), which is higher than the standard California exempt threshold.

How AllVoices Helps Los Angeles Employers Stay Compliant

LA compliance is a documentation problem before it is a legal problem. The OWS expects you to prove paid sick leave was tracked correctly. The City Fair Work Week Ordinance expects predictability pay records. SB 553 expects a Violent Incident Log and a current WVPP. FEHA expects a documented interactive process. The Fair Chance Initiative and County Ordinance expect written individualized assessments and time-stamped notices. PAGA defense expects clean records for every pay period across a four-year window. Lose the paper trail and the case is lost before it starts.

AllVoices is an HR case management platform built for that documentation discipline. LA HR teams use AllVoices to:

  • Centralize complaint intake from employees, anonymous tips, and manager-escalated incidents in one auditable case file. Investigations completed inside the platform leave a timestamped record that holds up before the CRD, OWS, DCBA, or Cal/OSHA.
  • Track FEHA interactive process steps for accommodation requests. Each case captures the request, the dialogue, alternatives considered, and the final written determination.
  • Document Fair Chance individualized assessments with templated written analyses, the five-day response window for applicants, and the post-decision notification.
  • Maintain SB 553 Violent Incident Logs alongside the underlying complaint, the investigation, and the corrective action.
  • Standardize sexual harassment investigation files in a defensible structure aligned to FEHA and the City Stop Sexual Harassment standards.
  • Use Vera AI to run a first-pass classification of incoming complaints (harassment, retaliation, wage and hour, accommodation, safety) so the right person gets routed in minutes, not days.
  • Integrate with Workday, Rippling, Paylocity, and other HRIS systems so manager and reporting hierarchies stay current and conflicts of interest get flagged automatically.

AllVoices is the system of record for the kind of investigation, accommodation, and complaint-handling work that lives at the heart of LA compliance.

Frequently Asked Questions About Los Angeles Labor Laws

What is the Los Angeles minimum wage in 2026?

$18.42 per hour in the City of LA effective July 1, 2026. Unincorporated LA County is $17.81 per hour. Hotel workers at properties with 60+ rooms get $25.00 per hour plus an $8.15 per hour healthcare contribution.

Does the LA Fair Work Week Ordinance apply to my retail business?

It applies to retail employers (NAICS-classified) with 300 or more employees globally, including franchises. The City rule covers operations inside LA city limits; the LA County rule covers operations in unincorporated areas of the County.

When are final wages due in California?

All wages are due immediately at termination. Employees who resign with at least 72 hours' notice get paid on the last day; without notice, within 72 hours. Late wages trigger waiting time penalties up to 30 days at the regular rate.

Do I have to pay out unused PTO at separation?

Yes. California treats accrued vacation and PTO as wages. The balance must be paid out at the employee's final regular rate at separation. "Use it or lose it" PTO policies are unlawful.

How much paid sick leave do LA employers owe?

48 hours per year under the City of LA ordinance (more generous than California's state-level 40 hours under SB 616). Frontload or accrue at one hour per 30 hours worked. Carryover is capped at 72 hours.

When does SB 553 require a workplace violence prevention plan?

Now. The plan must already be in place. SB 553 took effect July 1, 2024, and Cal/OSHA enforces. The plan must include hazard assessments, training, a Violent Incident Log, and procedures for response and corrective action.

Can California employers enforce non-competes?

No. California Business and Professions Code Section 16600 voids non-competes with very narrow exceptions for the sale of a business or dissolution. SB 699 and AB 1076 added additional penalties and a one-time notice obligation.

How long must LA employers retain records?

Wage statements and time records: 4 years. SB 553 logs and personnel files (FEHA): 4-5 years. The longer FEHA window means investigation files should generally stay open at least four years after resolution.

The Bottom Line

Los Angeles compliance is layered. The same employee may be governed by federal, California state, City of LA, and LA County rules, each with its own minimum wage, scheduling rules, paid leave entitlements, hiring restrictions, and enforcement agency. The 2026 changes are concentrated on July 1 effective dates and the citywide hospitality and healthcare wage ramps.

The 2026 priorities for LA HR teams:

  • By July 1, 2026: update payroll for the new $18.42/hour City minimum wage, the $17.81 County rate, the $25.00 hotel worker wage and $8.15 healthcare contribution, and the SB 525 healthcare worker rate. Update wage notices for all affected employees.
  • By July 1, 2026: verify SB 553 WVPP, Violent Incident Log, and annual training are current and Cal/OSHA-ready.
  • By the next reporting cycle: file SB 1162 pay data reports with the California Civil Rights Department.
  • Throughout 2026: verify Fair Chance individualized assessments are complete for any criminal background check; verify Freelance Worker Protections contracts for any contractor over $600; verify FEHA interactive process documentation for any accommodation request.
  • Ongoing: retain wage statements, sick leave records, schedule postings, predictability pay records, accommodation files, and investigation files for at least four years (longer for safety records).

For HR teams that handle LA compliance day in and day out, see how case management works in AllVoices.

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