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• Who enforces labor laws?

  Labor laws exist at the federal, state, and local levels, with each government entity protecting workplaces and ensuring compliance according to its jurisdiction.

  Federal labor laws set minimum standards, including minimum wage, overtime pay, and workplace safety. These are enforced by the U.S. Department of Labor (DOL).

  State labor laws may offer stronger protections than federal law. For example, California has higher minimum wages, paid sick leave, and additional rights and responsibilities for workers and employers. These laws are enforced by the California Department of Industrial Relations (DIR).

  Local Labor laws address issues specific to your city or county. These laws may include local minimum wage rules, worker protections for specific industries, or programs aimed at addressing wage theft. Local labor laws are often referred to as ordinances, standards, or regulations, and they establish requirements for both workers and employers. Local agencies not only administer programs but may also have the authority to investigate or enforce local labor ordinances, depending on the city or county jurisdiction.

  In San Diego County, you can contact:

  The City of San Diego Office of Labor Standards Enforcement (City OLSE) (if you work or operate a business within the City of San Diego)

  The County of San Diego Office of Labor Standards and Enforcement (County OLSE) (if you work or operate a business in an unincorporated area of the county)

• Can I file a compliant with any labor government agency?

  For Workers: Yes. Workers have the right to report workplace problems to federal, state, or local agencies.

  For Employers: Employers can also contact these agencies for guidance on compliance requirements and to report violations by other businesses.

  There might be a local federal or state office in each major city. Start where you feel comfortable. Agencies may help redirect your inquiry to the right office.

  Keep in mind that local agencies may not be able to take your complaint or inquiry if it falls outside their jurisdiction or if the issue involves federal/ state protections, such as union activity or immigration status.

  Need more help? You can contact a relevant labor agency listed below. or if you’re unsure, start with the agency closest to where the issue occurred. They can help redirect you.

• Which federal agencies handle workplace issues?

  The National Labor Relations Board (NLRB) safeguards a worker's right to organize, join a union, or take collective action at work.

  The Equal Employment Opportunity Commission (EEOC) investigates, mediates, and prosecutes cases of workplace discrimination, harassment, or retaliation at work based on race, gender, age, disability, religion, or other protected traits.

  The U.S. Citizenship and Immigration Services (USCIS) administers work authorization, employment visas, and the E-Verify system used by employers.

  The U.S. Department of Justice – Civil Rights Division, Employment Litigation Section, focuses on stopping workplace discrimination for public sector employees (like those who work for the government). 

  The U.S. Department of Labor (DOL) oversees federal labor laws and workplace protections. 

  Key divisions include:

  • The Wage and Hour Division (WHD) enforces minimum wage, overtime, child labor laws, and the Family and Medical Leave Act (FMLA).
  • The Occupational Safety and Health Administration (OSHA) ensures safe and healthy working conditions.
  • The Employee Benefits Security Administration (EBSA) regulates retirement plans, health coverage, and other employee benefits.

   

• Which state agencies handle workplace issues?

  The California Civil Rights Department (CRD) is responsible for enforcing laws related to discrimination, harassment, or retaliation at work based on race, gender, age, disability, religion, or other protected traits. This includes justice-involved individuals.

  The Employment Development Department (EDD) provides unemployment, disability insurance, and paid family leave to those in need.

  The California Department of Industrial Relations (DIR) oversees state wages, safety, benefits, and worker protections.

  Key divisions include:

  •  The Division of Labor Standards Enforcement (DLSE) also known as the Labor Commissioner’s Office, investigates, adjudicates, and enforces violations of state labor standards, including:
    • Minimum wage, overtime, and meal/rest breaks
    • Wage theft and paid sick leave violations
    • Retaliation for reporting labor law violations
    • Public works and prevailing wage enforcement
  • The  Cal/OSHA (Division of Occupational Safety and Health) inspects and enforces safe and healthy workplaces. Additionally, Cal/OSHA conducts investigations into:
    • Workplace accidents and hazards
    • Heat illness prevention
    • COVID-19 safety standards and more.
  • The Division of Workers’ Compensation (DWC) manages claims for work-related injuries, including the medical care and benefits that employers are required to provide in the event of an injury.
  • The Commission on Health and Safety and Workers’ Compensation (CHSWC) researches and recommends policy improvements to reduce occupational injuries and illnesses and workers' compensation costs in California workplaces.
  • The California Division of Apprenticeship Standards (DAS) consults with employers to develop a skilled workforce with viable career pathways to increase productivity and strengthen our economy. The Public Works Unit manages prevailing wage laws on public construction projects.

   

• Which local agencies handle workplace issues?

  The County of San Diego Office of Labor Standards and Enforcement (County OLSE) administers several programs such as wage theft, and fair chance hiring. It also has the authority to receive complaints, investigate, and enforce certain employment and labor laws in the incorporated and unincorporated areas of the county.

  To learn more about ordinances, regulations, and local enforcement, visit our programs and initiatives page. 

  The City of San Diego Office of Labor Standards Enforcement (City OLSE) administers several programs designed to support and safeguard workers. Visit City OLSE to learn more about their programs.

  • Living Wage Program
  • Prevailing Wage Program
  • Earned Sick Leave and Minimum Wage Ordinance
  • Traffic Control Worker Minimum Wage Ordinance
  • Live Event Worker Safety Ordinance

   

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• Immigration-Related Workplace Issues and What to Do if ICE Comes to Your Workplace

  Everyone has rights at work, no matter their immigration status. Employers are not allowed to use a worker’s immigration status to threaten, silence, or retaliate against them. During ICE activity, workers have the right to remain silent and speak to a lawyer before responding.

  To learn more information related to immigration and workplace rights, visit: Immigration-Related Workplace Issues or What to Do if ICE Comes to Your Workplace

• Wage Theft

  Wage theft can happen when workers aren’t paid the wages or benefits they’ve earned. Understanding what counts as wage theft helps everyone stay in compliance and fosters a fair workplace.

  Examples include:

  • Paying less than the minimum wage
  • Not providing required meal, rest, or cool-down breaks
  • Not paying overtime, commissions, or agreed-upon wages
  • Tips being withheld or taken by management
  • Not allowing workers to accrue or use paid sick leave
  • Failing to reimburse for business expenses
  • Not providing promised vacation pay or bonuses
  • Unauthorized deductions from paychecks
  • Not paying for all hours worked (including split shifts or reporting time pay)
  • Bounced paychecks or late final pay
  • Denying access to personnel or payroll records when requested

  To learn more information about wage-related issues, visit:  Wage Theft

• Workplace Discrimination

  Workplace discrimination laws are designed to protect people from unfair treatment based on personal traits. It’s important for both workers and employers to understand what’s covered and how to respond appropriately.

  Protected characteristics include (but aren’t limited to): race, gender, sexual orientation, age, disability, religion, criminal history, and immigration status.

  To learn more or report discrimination, visit: Workplace Discrimination

• Family Care and Medical Leave

  Both federal and state laws provide protection for workers who need time off to care for themselves or family members. These laws help ensure job security and may include paid or unpaid leave depending on the situation.

  To learn more information related to family and medical leave, visit: Family Care and Medical Leave 

• Workplace Safety and Health

  Everyone deserves a safe and healthy workplace. Employers are required to meet safety standards, and workers have the right to speak up about unsafe conditions without fear of retaliation.

  To learn more information related to workplace safety and health, visit: Workplace Safety and Health

• Workers' Compensation

  When someone gets hurt or sick on the job, workers' compensation insurance helps cover medical care, lost wages, and related support. Employers are required to carry this insurance, and workers have the right to file claims without retaliation.

  To learn more information related to Workers' Compensation, visit the Workers' Compensation

• Retaliation and Loss of Job

  Federal and state laws protect workers from being punished for exercising their rights at work. This includes protection against being fired, demoted, or treated unfairly after reporting issues like wage theft, unsafe conditions, or discrimination. In some cases, workers may also be eligible for unemployment benefits after experiencing retaliation or wrongful termination.

  To learn more information related to retaliation and job loss, visit: Retaliation and Job Loss

   

• Legal Help Resources

  Sometimes workplace problems need legal support. There are free and low-cost options available for both workers and employers looking for help with compliance, claims, or disputes. 

  University of San Diego (USD) Worker’s Rights Clinic: Assists lower-income workers with employment law issues including employee rights, discrimination, medical leave, workplace safety, unpaid wages, unemployment benefits, harassment, and wrongful termination.

  San Diego Employee Rights Center: Provide education and advocacy services regarding workplace, health, and immigration issues. 

  State Bar of California Certified Lawyer Referral Services Directory: The State Bar certifies lawyer referral services to ensure that you get the best legal help you can, wherever you live in the San Diego County region. Find a lawyer that can assist with your legal issue.

  San Diego County Bar Association Lawyer Referral and Information Service (LRIS) : Find a lawyer that can assist with your legal issue.

  Legal Aid Society of San Diego: Can often provide free legal assistance for workers facing issues with workers' compensation claims.