If you’re navigating a workplace issue in California—whether it’s discrimination, unpaid wages, an injury, or a dispute over your contract—you may wonder: Which area of law protects me?
Understanding the differences between employment law, labor law, workers’ compensation, and contract law is critical to enforcing your rights at work. As experienced California employment lawyers, we’re here to break it down.
What Is Employment Law?
Employment law governs the relationship between employees and their employers, focusing on individual rights.
Common Employment Law Protections:
- Workplace discrimination protections (e.g., based on race, gender, disability, age). Learn more about common forms of workplace discrimination.
- Sexual harassment protections. Understand your rights with our guide on sexual harassment laws.
- Wrongful termination. Explore what constitutes wrongful termination.
- Wage and hour laws (overtime, breaks, minimum wage). Read about wage and hour violations.
- Protected leave (CFRA, FMLA, pregnancy leave). Find out what happens when you run out of FMLA leave.
These protections are enforced by:
- The California Civil Rights Department (CRD)
- The California Labor Commissioner (DLSE)
- Federal agencies like the Equal Employment Opportunity Commission (EEOC)
Note: These protections typically apply to employees, not independent contractors.
What Is Labor Law?
Labor law covers collective employee rights, especially the right to organize, unionize, and bargain.
Labor Law Covers:
- Union organizing and elections
- Collective bargaining agreements (CBAs)
- The right to strike or picket
- Employer retaliation for union activity
The following laws and agencies govern labor law:
- The National Labor Relations Act (NLRA)
- The National Labor Relations Board (NLRB)
- The Public Employment Relations Board (PERB) for public-sector employees in California
Even non-union workers have rights under labor law if they act together to improve conditions. For instance, non-unionized workers are protected when they engage in what’s called “protected concerted activity.” Under Section 7 of the NLRA, all employees have the right to “engage in… concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Thus, workers have the right to act together to improve their working conditions, even if there is no union involved. Here are some examples of concerted activity:
- You can discuss your pay with co-workers, even if your employer has a “pay secrecy” policy (which is unlawful).
- You can bring safety concerns to management or organize a group complaint.
- Workers can sign or circulate petitions asking for better hours, cleaner bathrooms, or schedule changes.
- A group of employees may refuse to work if the protest is related to conditions they are trying to improve.
The right to engage in concerted activity does not cover individual complaints, nor does it cover disloyalty or threats. Importantly, the NLRA usually does not cover supervisors and certain independent contractors.
Violations of these rights are known as Unfair Labor Practices (ULPs) and can be reported to the National Labor Relations Board (NLRB).
What Is Workers’ Compensation Law?
Workers’ compensation covers medical and wage-loss benefits for job-related injuries. Workers’ compensation is a no-fault insurance system that provides benefits for workplace injuries or illnesses. You don’t need to prove negligence to receive benefits. However, you generally cannot sue your employer for these injuries.
Workers’ Comp Provides:
- Medical treatment
- Temporary or permanent disability pay
- Vocational rehab
- Death benefits for surviving dependents
Claims are handled through the California Division of Workers’ Compensation (DWC). If your injury was caused by a third party or you were retaliated against after filing a claim, you may also have a civil claim for personal injury. Learn more about workers’ compensation retaliation.
What Is Contract Law for Independent Contractors?
Independent contractors are protected by contract law, not employment law. Independent contractors aren’t covered by employment law. Instead, their rights come from contract law, which governs the terms of their written or verbal agreements.
Contract Law Covers:
- Payment terms and timelines
- Scope of services
- Termination clauses
- Ownership of work (intellectual property)
- Dispute resolution (e.g., arbitration)
If you’ve signed an agreement, the terms of that agreement usually control your legal remedies.
Learn more about misclassification and the ABC Test under California’s AB 5 law. Additionally, understand the rights of freelance workers and independent contractors.
Quick Comparison Chart
| Type of Law | Applies To | Governs | Enforced By |
|---|---|---|---|
| Employment Law | Employees | Discrimination, wages, leave | CRD, DLSE, EEOC, courts |
| Labor Law | Unionized or organizing employees | Union rights, collective bargaining | NLRB, PERB |
| Workers’ Comp | Injured employees | Medical/wage-loss benefits | California DWC |
| Contract Law | Independent contractors | Payment, deliverables, disputes | Civil courts |
Why This Matters
Far too often, workers are:
- Misclassified as independent contractors and denied proper wages and benefits. Read about misclassification issues.
- Injured on the job and unsure where to turn. Learn about workers’ compensation retaliation.
- Retaliated against after reporting discrimination or requesting medical leave. Understand workplace retaliation.
Knowing which legal framework applies to your case is the first step in enforcing your rights.
📞 Talk to a California Employment Lawyer Today
At King & Siegel LLP, we fight for fairness in the workplace. Whether you’re facing discrimination, wage theft, misclassification, retaliation, or workplace injury—we can help.
📞 Call us now at (213) 465-4802
📩 Or submit an inquiry via our web form
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👉 Learn more about wrongful termination
👉 Read our guide on employee misclassification
