Some Employee Rights in California Cannot Be Waived (Part 2)

Every state has its labor code, meaning employment laws in each state are different. Also, each state has unique rules on which employee rights may be waived and which cannot be waived. In California, while employment agreements can outline the terms and conditions of a job, some employee rights cannot be waived, meaning an employee and employer cannot enter an agreement that forfeits certain protections. It is crucial for employees to understand which rights they can and cannot waive. As an employee, you don’t want to find yourself in a situation where an employer has taken advantage of you.

In a previous article with the same title, we shared three employee rights in California that cannot be waived: the right to minimum wage, the right to overtime pay, and the right to receive expense reimbursement. Below, we share more employee rights in California that cannot be waived.

1. Right To Receive Undisputed Wages

According to California labor code section 206.5, employees in California cannot waive their right to receive wages that are currently due, that will be due in the future, or that are given as an advance on future wages unless the employee has received those wages. If an employer makes you sign a waiver or agreement giving up a claim for owed wages, the waiver or agreement is considered null and void. In other words, such a waiver or agreement has no legal effect, and you retain the right to claim your unpaid wages despite signing it.

2. Right to Meal and Rest Breaks

In California, employees have the right to take meal and rest breaks. Most employees in California are entitled to a 30-minute break when they work more than five hours a day. When you work more than 12 hours a day, you are entitled to an additional 30-minute meal break. For every four hours worked, you have the right to take a 10-minute break. You cannot waive your right to a meal break unless your shift lasts under six hours.

3. Right to Workers’ Compensation Benefits

When you suffer a work injury or illness, you have the right to file a workers’ compensation claim and seek benefits. In most cases, you cannot waive your right to workers’ compensation benefits. The only exception to this is if you are an executive officer, board member, or executive owner. However, in such a case, you must have good health and disability benefits to waive your right to workers’ compensation insurance.

4. Right To Work in a Safe Environment

Under the California Occupational Safety and Health (Cal/OSHA), California employees have the right to work in a safe environment. You have the right to, among other things, access necessary safety equipment and be free from hazardous working conditions. You cannot waive your right to a safe work environment, nor can your employer force you to work in unsafe conditions. And if you report unsafe working conditions, you are protected from retaliation.

Contact a California Employment Lawyer

If you would like to learn about other employment laws that cannot be waived or believe an employer persuaded you to give up a right that you shouldn’t have been able to give up, contact a California employment lawyer.