California state workers strike: your bargaining and telework rights

On October 21, 2026, thousands of California state workers represented by SEIU Local 1000 walked off the job in a one-day strike over pay, health care contributions and telework. Whether you work for the state, a city or a private company, it raises questions about your own rights: how bargaining works, what happens when talks stall, and whether your employer can order you back to the office.

1. What happened at the state worker strike

CalMatters reported on Oct. 21, 2026, that SEIU Local 1000 held a one-day strike that day, the first in the union’s 44-year history, with rallies in Sacramento, San Francisco, Los Angeles and Oakland. The union represents about 100,000 workers, nearly half the state workforce, and its contract expired in late June. CalMatters said some DMV offices and parks modified or limited operations.

Watch the KCRA 3 report: “Thousands of California state workers walk off the job in one-day strike” (KCRA 3, October 21, 2026)

CBS San Francisco reported the same day that more than 96% of voting members had authorized the strike. According to CBS, the union is seeking a 20% raise over three years, higher state contributions toward health care costs and “transparent telework policies based on operational needs,” and it accuses the administration of unfair labor practices and bad-faith bargaining. CBS noted that Gov. Gavin Newsom’s executive order has required state workers to be in the office four days a week since July 1, and that in September he vetoed a bipartisan bill that would have let each state agency set its own telework policy.

CBS reported that about 5,000 union workers were designated “essential” by PERB and would not strike, including some Caltrans and Department of Corrections and Rehabilitation employees. The California Department of Human Resources (CalHR) told CBS that departments had contingency plans and that it remained available at the bargaining table. CalMatters reported that mediation was scheduled to resume October 30; as of this writing, no outcome of that session had been reported. We covered the lead-up in our post on the SEIU Local 1000 strike vote.

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2. How state workers bargain: the Ralph C. Dills Act

The Dills Act (Gov. Code §§3512–3524) sets the rules for collective bargaining between the State of California and its civil service employees. Its core protections:

• Right to organize: State employees may form, join and participate in employee organizations of their own choosing, and may also decline to join (§3515).
• Duty to bargain: The Governor or a designated representative must meet and confer in good faith on wages, hours and other terms and conditions of employment (§3517). In practice, CalHR represents the state.
• Mediation at impasse: If the parties fail to reach agreement after a reasonable time, they may agree on a mediator or either side may ask PERB to appoint one (§3518).
• Unfair practices: The state may not threaten or impose reprisals on employees for exercising their rights, refuse to bargain in good faith, interfere with a union, or refuse to take part in mediation in good faith (§3519).

If you believe the state violated these rules, the usual remedy is an unfair practice charge filed with PERB. The deadline is short: PERB generally cannot issue a complaint on conduct more than six months before the charge, though that period is tolled while you use the contract’s grievance procedure (§3514.5).

The Dills Act does not expressly grant or forbid strikes. PERB decisions under California’s public-sector bargaining laws treat the right to strike as qualified: a strike can be unlawful if it would imminently and substantially threaten public health or safety, violates a no-strike agreement, or comes before impasse as a pressure tactic. Whether a position is essential is decided case by case, and PERB can ask a court for an injunction to keep essential employees at work. More in our guide to public employee rights in California.

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3. Private, local public and state employees compared

Which bargaining law applies depends on who employs you. Public school and university employees have their own statutes, also administered by PERB.

Question	Private-sector employees	City, county and special district employees	State civil service employees
Main law	National Labor Relations Act (federal)	Meyers-Milias-Brown Act (Gov. Code §3500 et seq.)	Ralph C. Dills Act (Gov. Code §3512 et seq.)
Agency that hears unfair practice claims	National Labor Relations Board	PERB, except Los Angeles city and county, which have their own commissions	PERB
Who bargains for the employer	The company	The local agency	The Governor, through CalHR
Strikes	Generally protected, with limits on purpose, timing and conduct	Qualified; may be enjoined for essential positions	Not addressed in the statute; PERB can designate essential positions

Private-sector employees who act together about working conditions, such as jointly objecting to a return-to-office policy, may be protected under federal law even without a union.

Deadline6 months

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4. Return to office: what a California employer can require

Generally, a California employer, public or private, can decide where work is performed and can end a telework arrangement. That default has important exceptions:

• Contracts and offer letters: A written promise of remote work may be enforceable.
• Union contracts: A collective bargaining agreement or memorandum of understanding may address telework, and changes to bargained terms can raise bargaining questions.
• Disability accommodation: FEHA may require telework as a reasonable accommodation.
• Discrimination: Applying a return-to-office rule differently based on race, sex, age, pregnancy or another protected trait can violate FEHA.

See also our post on the return-to-office mandate.

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5. When telework can be a reasonable accommodation

FEHA covers public and private employers with five or more employees, including the state. An employer may not fail to make reasonable accommodation for an employee’s known physical or mental disability unless it can show undue hardship (Gov. Code §12940(m)(1)). It also must engage in a “timely, good faith, interactive process” with you after you ask for an accommodation (§12940(n)). California’s civil rights regulations list “permitting an employee to work from home” as an example of reasonable accommodation (Cal. Code Regs., tit. 2, §11065(p)(2)).

That does not mean you can insist on telework. If another accommodation is effective, the employer may generally choose it, and it may argue that in-person presence is an essential function of your job. A qualifying disability is the starting point; for one court ruling on that question, see our post on remote work and disability.

1. Make the request in writing and say it relates to a medical condition.
2. If asked, provide reasonable medical documentation of your limitations and your need for an accommodation.
3. Explain how telework lets you perform your essential duties, and point to any past remote-work performance.
4. Respond to proposals, suggest alternatives such as a hybrid schedule, and keep copies of every message.

Hypothetical example. Lena processes claims for a private insurer that orders staff back five days a week. Her doctor says a long commute aggravates her spinal condition. She asks in writing to keep working from home, attaches a note on her restrictions and offers to attend team meetings. Her employer must discuss the request in good faith; it may propose a different effective option, but it cannot simply ignore her.

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6. CFRA leave when health or family care collides with in-office rules

If your or a family member’s serious health condition keeps you from working for a period, the California Family Rights Act may help. CFRA generally provides up to 12 workweeks of job-protected leave in a 12-month period for employees with more than 12 months of service and at least 1,250 hours in the prior year, at employers with five or more employees, and it expressly covers the state and local governments (Gov. Code §12945.2). Employers may not interfere with or retaliate for CFRA leave. See the CRD’s family and medical leave guide and our page on FMLA and CFRA leave rights.

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7. Who pays for your home office

Labor Code §2802 requires an employer to reimburse employees for necessary expenses incurred in doing their jobs. For remote workers at private companies, that can include a reasonable share of internet, phone and equipment costs the job requires, and you may recover attorney’s fees and interest if you have to enforce the right. A 2025 California appellate decision held that §2802 does not apply to public employers, so state and local employees should look to their union contract and agency reimbursement rules instead. More in our guide to work expense reimbursement.

Key fact

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8. Retaliation for speaking up

Several California laws protect workers who speak up:

• FEHA: Retaliation for requesting an accommodation is unlawful, whether or not the request was granted (Gov. Code §12940(m)(2)), as is retaliation for opposing discrimination (§12940(h)).
• Whistleblower law: Labor Code §1102.5 protects reports of suspected legal violations to a government agency or a supervisor, and it expressly covers state and local government employees (Labor Code §1106).
• Wage complaints: Labor Code §98.6 bars retaliation for complaining about unpaid wages.
• Dills Act: The state may not impose reprisals for exercising bargaining rights (§3519(a)).

Deadlines differ. A Labor Commissioner retaliation complaint generally must be filed within one year (see the Labor Commissioner’s retaliation page); a CRD complaint within three years of the last harm (see the CRD complaint process); and a PERB charge generally within six months. Keep dated notes, emails, telework approvals, performance reviews and any discipline. Our guide to retaliation claims in California walks through the next steps.

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Laws this article relies on

Law	What it does here
Gov. Code §3512 et seq. (Dills Act)	Bargaining rights for state employees
Gov. Code §3514.5	Six-month unfair practice charge deadline
Labor Code §2802	Remote-work expense reimbursement by private employers

News sources: CalMatters (October 21, 2026); CBS San Francisco (October 21, 2026).

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Frequently asked questions

Can my employer make me return to the office in California?

Generally yes, unless a contract, union agreement or disability accommodation says otherwise, or the rule is applied in a discriminatory way.

Is telework a right for state workers?

No statute gives state employees a general right to telework. It can be addressed in bargaining, and an employee with a disability may request it as an accommodation.

Can I be disciplined for joining a lawful strike?

The Dills Act bars the state from imposing reprisals for exercising protected rights, but whether a particular strike or position is protected depends on the facts, including essential-employee designations. Your union is the first place to ask.

Does my private employer have to pay for my home internet?

If the job requires you to use it, your employer generally must reimburse a reasonable share under Labor Code §2802.

What if my employer ignores my accommodation request?

Failing to engage in a good-faith interactive process can itself violate FEHA. Put your request in writing, follow up, and talk to a lawyer before the three-year CRD deadline runs.

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Talk to a California employment lawyer

Employees First Labor Law represents workers exclusively. If your telework accommodation was denied or you faced retaliation for speaking up, we offer free virtual consultations. Contact us or call (310) 853-3461.

This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.