Labor and Employment Law Attorneys Defending San Francisco Employees from Workplace Labor Law Violations.
Federal, state, and local laws protect San Francisco area employees from any employment law violations that may occur within the workplace. They protect employees and job applicants from illegal workplace actions. When you experience employment law violations in your San Francisco workplace, you need a San Francisco employment lawyer to help you fight for your rights. A San Francisco employment lawyer will help you understand your rights under Federal and California state laws. As a result, they will help you get the justice and compensation you deserve.
What Rights Are Part of Employment Law in San Francisco?
Employment law is a catch-all phrase to address all areas of employment, including hiring, firing, time off, salary, discrimination, sexual harassment, and more. Read on to learn the eight main categories included under employment law in San Francisco.
- Employment Discrimination. Employment discrimination happens when an employee or job applicant becomes subjected to negative employment actions based on specific characteristics, known as protected classes. Protected classes in San Francisco include the following:
- Sexual Harassment. Sexual harassment is one of the most common forms of employment discrimination. Sexual harassment is a form of sex and gender discrimination. It occurs when an employee or job applicant becomes subjected to unwelcome or unwanted physical contact, sexual advances, or sexual comments at work- or work-related events. It can even occur as online sexual harassment. Sexual harassment can affect anyone in the workplace. It can occur in any of the following manners:
- Employer sexual harassment
- CEO sexual harassment
- Manager sexual harassment
- Supervisor sexual harassment
- Coworker sexual harassment
- Nonemployee sexual harassment
- Retaliation. One of the most egregious employment law violations includes workplace retaliation. Retaliation occurs when your employer punishes you for standing up for your rights. It can occur for any of the following legal actions you take within the workplace.
- Refusing sexual advances
- Refusing to participate in criminal activity
- Agreeing to cooperate with authorities
- Filing a complaint about violations of the law.
- Wrongful Termination. Wrongful termination happens every day. However, it may be difficult to prove. California is an at-will employment state. Therefore, an employer can terminate n employee for almost any reason, as long as it is not a form of discrimination or retaliation.
When an employer fires you from work based on discrimination or retaliation, they are violating laws protecting employees against wrongful termination in the workplace.
- Employee Contracts. Not all employment positions require an employment contract. However, some San Francisco employees have signed employment contracts. Typically, an employment contract will outline the terms of your employment, including salary, length of the contract (or employment), expectations of employment, and more.
Employment contracts hold employees and employers accountable in a specific fashion. Under most circumstances, neither party can violate the contract without special provisions.
When an employer violates an employment contract, they are violating employment laws. If your employer violates your employment contract, you have the right to contact a San Francisco employment lawyer to hold them accountable for their actions.
- Family and Medical Leave. Family and Medical Leave allows employees to take time off from work to care for themselves or an immediate family member who is gravely ill or injured. Under federal and state laws, employers usually cannot terminate employees while using the leave.
Under California law, employees receive paid leave to care for their family members. The law prohibits employers from terminating qualifying employees, denying them the leave, or otherwise punishing them for taking this leave.
- Whistleblower. Whistleblower laws are meant to protect employees who choose to notify the proper authorities of illegal activity in the workplace. The idea is to ensure these employees continue to report wrongdoing rather than fear retaliation for doing what is right.
Whistleblower lawyers help employees fight for their rights against retaliation for whistleblower actions. Furthermore, they can help employees throughout the entire process of reporting such activities within their San Francisco company.
Whistleblower lawyers also help employees in a qui tam action. A qui tam action occurs when an employee files a claim against their employer and stands in on behalf of the government. Employees filing qui tam actions are entitled to receive a portion of the money recovered in the claim.
- Wage and Hour. San Francisco wage and hour laws protect employees against issues such as wage theft, denied overtime pay, and more. Employers must follow specific laws relating to employees, including classifying workers as hourly or salary as provided for under the law. They must ensure employees earn at least the minimum wage ($15 per hour). If your employer violates your rights under these laws, an experienced San Francisco wage and hour attorney can help you receive the justice and compensation you deserve.
- Your San Francisco employer refuses to allow Muslim women to wear a burqa to work.
- Your coworker continues to make comments that all women should be barefoot and pregnant in the kitchen.
What Laws Protect Employees in San Francisco from Employment Law Violations?
Employees can find protections against employment law violations under federal and California state laws. Some of the laws protecting employees’ rights in the workplace include the following:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Pregnancy Discrimination Act (PDA)
- 42 U.S. §1981
- The WARN Act
- The Family and Medical Leave Act (FMLA)
- The Equal Pay Act of 1963 (EPA)
- The Genetic Information and Nondiscrimination Act (GINA)
- The Uniformed Services Employment and Reemployment Rights Act (USERRA)
- The Fair Labor Standards Act (FLSA)
- The Fair Employment and Housing Act (FEHA)
- California Paid Family Leave (PFA)
- Wage Theft Protection Act
What Compensation Is Available to Victims of Employment Law Violations in San Francisco?
Employment law violations can affect a person’s livelihood. They can make it impossible for a person to pay their bills and provide for their families. Therefore, in many cases, victims of employment law violations in San Francisco are entitled to compensation to help make them whole again.
Some employment laws provide specific measures for compensation, allowing employees to recoup back pay, front pay, and money for pain and suffering. However, some laws are up to court interpretations.
If you experience employment law violations in San Francisco, contact an employment lawyer to learn about your rights and help you fight for the compensation the laws provide.
Have Questions? Our San Francisco Employment Lawyers Are Here to Help. Free Consultation 415-915-4322.
You have every right to work in an environment free from employment law violations. Stand up for your rights to work in a fair and law-abiding workplace.
Call the experienced labor and employment lawyers at the Derek Smith Law Group in San Francisco for a free consultation.
Your employer has the responsibility to create a workplace free from sexual harassment retaliation, whistleblower violations, wage and hour violations, employment discrimination, and other employment law violations. If your employer refuses to maintain this type of workplace, you have the right to seek legal help.
Any cases and business handled in California are handled exclusively through Derek Smith Law Group, LLP, an entity completely distinct from Derek Smith Law Group, PLLC.
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