California State Worker Rights: Overtime, Telework and Discipline

California state workers have a different set of rights than private-sector employees: your pay, overtime and leave come mainly from your bargaining unit’s contract (MOU), state civil service law and the federal Fair Labor Standards Act (FLSA), while the Ralph C. Dills Act protects your right to bargain and the State Personnel Board (SPB) hears discipline appeals. Many private-sector rules you read about online, such as meal break premiums and daily overtime, generally do not apply when the State of California is your employer.

This guide is for State of California civil service employees. If you work for a city, county, special district or school district, start with our guide to public employee rights in California, which covers local government. Sworn officers should also read our police officer and deputy guide.

1. Which pay rules apply to state workers?

For a private employer, California’s wage orders and the Labor Code set minimum wage, daily overtime and break rules. For the state, most of those rules drop out:

• Wage orders: Most state office, technical and clerical jobs would fall under Wage Order 4 if a private company did the work. But section 1(B) of that order says that, apart from sections 1, 2, 4, 10 and 20 (applicability, definitions, minimum wages, meals and lodging, and penalties), it does “not apply to any employees directly employed by the State.” Our wage orders guide explains how orders are matched to jobs.
• Labor Code: In Stone v. Alameda Health System (August 2024), the California Supreme Court held that public employers are exempt from the Labor Code’s meal and rest break provisions and related wage statutes, because government agencies are generally not covered by a statute’s general terms. Labor Code 220(a) also lists several wage-payment sections, including the semimonthly payday rules in section 204, that don’t apply to employees directly employed by the state.
• FLSA: Federal law expressly covers state employees. If your job is FLSA-nonexempt, you earn overtime at 1.5 times your regular rate for hours over 40 in a workweek.
• Your MOU: Your bargaining unit’s memorandum of understanding sets pay, extra overtime rules, leave and grievance steps.

Comp time instead of overtime pay

Public agencies may give comp time instead of cash overtime, but only at a rate of at least 1.5 hours per overtime hour and only under an MOU or an agreement made before the work. Most employees may bank no more than 240 hours (480 for public safety, emergency response and seasonal work). Overtime past the cap must be paid in cash (29 U.S.C. 207(o)).

💡 Example: Dana is an FLSA-nonexempt state program technician paid $32 an hour. She works 46 hours in one workweek, so she has 6 overtime hours. Her MOU allows comp time, but she already has 240 hours banked. Those 6 hours must be paid in cash at time and a half: 6 × $48 = $288. (Hypothetical.)

By the numbers30 calendar days

2. Bargaining, strikes and PERB under the Dills Act

The Ralph C. Dills Act (Government Code 3512 and following) recognizes your right to join a union and lets each bargaining unit choose an exclusive representative. The Governor, through designated representatives such as the California Department of Human Resources (CalHR), must meet and confer in good faith on wages, hours and other terms of employment. The Act excludes managerial, supervisory and confidential employees and staff of certain agencies, such as CalHR (Gov. Code 3513(c)).

Under Government Code 3519, the state may not punish, threaten or coerce you for exercising Dills Act rights, refuse to meet and confer in good faith, interfere with a union, or refuse to take part in mediation in good faith. Unfair practice charges go to the Public Employment Relations Board (PERB), which cannot issue a complaint about conduct that happened more than six months before the charge was filed, although that period is paused while the charging party uses a contract grievance procedure that covers the dispute (Gov. Code 3514.5(a)).

Can state workers strike?

The Dills Act does not expressly authorize or prohibit strikes. Whether a walkout is protected depends on the facts, including any no-strike clause and whether your position has been designated essential. In October 2026, SEIU Local 1000, which represents about 100,000 state employees, announced that 96% of voting members had approved a one-day strike, and CalMatters reported that PERB had concluded in late September that CalHR “refused to meet and confer in good faith.” The walkout took place on October 21, 2026, the union’s first strike in its 44-year history, according to LAist. See our coverage of the strike vote and strike and telework rights.

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3. Telework and return-to-office rules

No California statute gives state employees a general right to work from home. Governor Newsom’s March 2025 executive order requires state workers covered by it to be in the office at least four days a week, and CalMatters reported in July 2026 that the requirement had been in effect since July 1, 2026. In September 2026 the Governor vetoed AB 1729, a bill that would have let departments set their own telework policies. CalHR told CalMatters about 108,000 of the state’s more than 245,900 employees were affected, and departments grant exemptions case by case, including for employees who live 50 miles or more from their worksite.

Three things can still change the answer:

• Your MOU. Telework terms can be bargained.
• Disability accommodation. FEHA covers the state. Your department must reasonably accommodate a known disability unless that causes undue hardship, and must engage in a timely, good-faith interactive process (Gov. Code 12940(m), (n)). State regulations list “permitting an employee to work from home” as a possible accommodation, though the department may choose another effective option. See reasonable accommodation claims.
• Uneven enforcement. Applying the rule differently because of race, sex, age, pregnancy or another protected trait can violate FEHA.

Home-office costs are separate. In April 2025 a California Court of Appeal held that Labor Code 2802, the expense reimbursement statute, does not require a public employer (the California State University) to reimburse work expenses, so look to your MOU and department policy.

4. Discipline, probation and SPB appeals

Formal discipline in state civil service is called an “adverse action”: “dismissal, demotion, suspension, or other disciplinary action” (Gov. Code 19570). Permanent employees have protections most private-sector workers never get:

1. Advance notice with the evidence. At least five working days before the effective date, you must get written notice with the reasons, a copy of the charges and “a copy of all materials upon which the action is based,” plus notice of your right to representation and to respond (Cal. Code Regs., tit. 2, §52.6). This is commonly called a “Skelly” response, after the 1975 decision the regulation cites.
2. A response to someone higher up. Your response goes to a person above the level of the supervisor who started the action.
3. An appeal within 30 calendar days. To contest the action, file a written answer with the SPB within 30 calendar days after its effective date. If you don’t, the discipline becomes final (Gov. Code 19575).

If the SPB revokes or modifies the action, it can order back salary with interest and reinstated benefits for the time the discipline was improperly in effect (Gov. Code 19584).

Rejection during probation

A rejection during probation is treated as part of the selection process, not discipline. You have 15 calendar days from its effective date to ask the SPB to review it (Gov. Code 19175). To be restored to the job, you must prove there was no substantial evidence for the stated reasons or that the rejection was made in fraud or bad faith. Some MOUs also route certain disputes through grievance and arbitration, so read yours.

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5. Pay problems we see in state jobs

Practice	Is it legal?	Law
Logging in or answering email before your shift without recording the time (FLSA-nonexempt jobs)	Generally no. To “employ” includes to “suffer or permit to work,” so that time generally counts.	29 U.S.C. 203(g), 207
Comp time instead of overtime pay with no MOU or prior agreement	No	29 U.S.C. 207(o)(2)
Banking comp time past 240 hours (480 for public safety, emergency or seasonal work)	No. Overtime past the cap must be paid in cash.	29 U.S.C. 207(o)(3)
Denying comp-time requests that would not “unduly disrupt” operations	Generally no. Use must be allowed within a reasonable period.	29 U.S.C. 207(o)(5)
Not paying out comp time when you leave state service	No	29 U.S.C. 207(o)(4)
No reimbursement for home internet while teleworking	Labor Code 2802 doesn’t require it of public employers (2025 appellate ruling); your MOU or policy may.	MOU; department policy

One limit can matter for state workers: in Alden v. Maine (1999), the U.S. Supreme Court held that Congress cannot subject a state to private FLSA suits in its own courts unless the state consents. Whether an overtime claim against the State of California can go to court is a question to raise with a lawyer; for many state workers, the MOU grievance process is the practical first route for overtime disputes.

By the numbersSix months

6. Injuries, industrial disability leave and workers’ comp

The state and every state agency is an “employer” under workers’ compensation law (Labor Code 3300(a)), so job injuries and illnesses are covered. Give your supervisor written notice within 30 days (Labor Code 5400) and ask for the claim form; our DWC-1 claim form guide walks through it.

Industrial disability leave (IDL)

Many state workers receive industrial disability leave instead of ordinary temporary disability (TD). According to CalHR, IDL is for employees who are eligible for workers’ comp and are active CalPERS or CalSTRS members. It pays full net salary for the first 22 work days (176 hours for full-time employees), then two-thirds of your normal gross salary, for up to 52 weeks within two years of the first day of disability (Gov. Code 19869–19877.1). If you are still temporarily disabled when IDL ends, TD begins the next calendar day. TD in 2026 ranges from $264.61 to $1,764.11 a week.

Being disciplined or pushed out for filing a claim may violate Labor Code 132a. The claim deadline is generally one year from the injury (Labor Code 5405).

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7. Retaliation, discrimination and leave

Protected activity	Protection	Law
Union activity, bargaining, filing a PERB charge	No reprisals, threats or discrimination	Gov. Code 3519(a)
Reporting fraud, waste or illegal conduct by a state agency	Sworn retaliation complaint to the SPB; a damages lawsuit only after that complaint and after the SPB issues, or fails to issue, findings; punitive damages if malicious	Gov. Code 8547.8
Reporting a suspected violation of law to an agency or supervisor	Covers state employees expressly	Labor Code 1102.5, 1106
Requesting an accommodation, opposing discrimination or harassment	FEHA covers the state as an employer	Gov. Code 12940, 12926(d)
Taking family or medical leave	Up to 12 workweeks of job-protected CFRA leave for eligible employees	Gov. Code 12945.2
Filing a workers’ comp claim	No discrimination for a work injury or claim	Labor Code 132a
Raising a safety complaint	Cal/OSHA’s anti-retaliation rule reaches the state	Labor Code 6310, 6304, 3300

Sick leave and vacation or annual leave come mostly from your MOU; California’s paid sick leave law exempts employees under a collective bargaining agreement that meets specific conditions (Labor Code 245.5). See FMLA and CFRA leave rights.

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8. What you can recover and deadlines

Remedies can include revoked discipline with back pay, unpaid overtime, damages and attorney’s fees under FEHA or the whistleblower statutes, and workers’ comp benefits. Deadlines are short and run in different forums:

Claim	Where	Deadline
Dismissal, suspension, demotion	SPB	30 calendar days after the effective date (Gov. Code 19575)
Rejection during probation	SPB	15 calendar days after the effective date (Gov. Code 19175)
Whistleblower retaliation	SPB	12 months from the most recent act of reprisal (Gov. Code 8547.8(a))
Dills Act unfair practice	PERB	Six months, paused during a covering grievance (Gov. Code 3514.5)
FEHA discrimination, harassment, retaliation	Civil Rights Department	Three years from the last harm
FLSA overtime	MOU grievance; court options against the state are limited	Two years, three if willful (29 U.S.C. 255(a))
Workers’ comp	Employer, then WCAB	Notice within 30 days; claim generally within one year
Some damages claims against the state	Government claim	Six months or one year, by claim type (Gov. Code 911.2)

MOU grievance procedures set their own time limits. See also retaliation claims.

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9. What to do now

1. Get your MOU from your union or HR and find your overtime and telework terms.
2. Calendar deadlines the day you get a notice, starting from the action’s effective date.
3. Keep your own records: hours, comp time balances, telework approvals, reviews and every notice.
4. Put requests and complaints in writing and keep copies.
5. Read the Skelly materials before you respond.
6. Talk to your union representative and a lawyer. Employees First Labor Law works exclusively for workers and offers free virtual consultations.

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Frequently asked questions

Can a California state worker be fired without a hearing?

Permanent employees get written notice, the materials behind the action and a chance to respond before discipline takes effect, then 30 calendar days to appeal to the SPB. Probationers have 15 days to ask the SPB to review a rejection.

Do state workers get overtime in California?

FLSA-nonexempt state workers earn overtime after 40 hours in a workweek, as cash or, under an agreement, as comp time. California’s daily overtime rules generally don’t reach the state: the wage order’s overtime section doesn’t apply to state employees, and courts generally presume Labor Code provisions don’t cover public employers unless they say so. Your MOU may add more.

Can the state make me return to the office?

Generally yes. As of October 2026, the March 2025 executive order requires at least four days a week in the office, unless your MOU, a department exemption or a disability accommodation says otherwise.

Can I sue the state for whistleblower retaliation?

Under Government Code 8547.8, you generally must first file a sworn complaint with the SPB within 12 months of the latest reprisal, and the SPB must have issued, or failed to issue, findings before you sue for damages. You may also have claims under Labor Code 1102.5, which expressly covers state employees.

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Laws this guide relies on

Law	What it does	Link
Gov. Code 3512–3524 (Dills Act)	State bargaining rights, unfair practices, PERB charges	Gov. Code 3512
Gov. Code 19570, 19575, 19584	Adverse actions, SPB appeal deadline, back pay	Gov. Code 19575
Gov. Code 19175; 2 CCR 52.6	Probation rejection; notice and response before discipline	2 CCR 52.6
Gov. Code 8547.8	State employee whistleblower retaliation	Gov. Code 8547.8
Labor Code 1102.5, 1106	Whistleblower protection for public employees	Labor Code 1102.5
Gov. Code 12940, 12926(d), 12945.2	FEHA and CFRA, which cover the state	Gov. Code 12940
29 U.S.C. 207, 216, 255	FLSA overtime, comp time, remedies, deadlines	29 U.S.C. 207
Labor Code 220	Wage-payment sections that don’t apply to state employees	Labor Code 220
Labor Code 3300, 5400, 5405, 132a	Workers’ comp coverage, notice, claim deadline, retaliation	Labor Code 5405
Gov. Code 19869–19877.1	Industrial disability leave	CalHR IDL policy

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Sources

• Gov. Code 3513 (Dills Act definitions), Gov. Code 3514.5 and Gov. Code 3519 (california.public.law mirror)
• State Personnel Board, Appeals Resource Guide (August 2024)
• CalHR Human Resources Manual 1412, Industrial Disability Leave
• DIR, IWC Wage Order 4, section 1(B)
• California Supreme Court, Stone v. Alameda Health System, S279137 (Aug. 15, 2024)
• 29 U.S.C. 207 (FLSA overtime and comp time) and Alden v. Maine (1999)
• Civil Rights Department, complaint process
• CalMatters, SEIU Local 1000 strike authorization (Oct. 8, 2026) and CalMatters, state return-to-office rules (July 20, 2026)
• CalMatters, AB 1729 telework veto (Sept. 18, 2026) and LAist, state workers walk off the job (Oct. 22, 2026)

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