California employment law says that employees who work for more than five hours are entitled to a half-hour uninterrupted meal break. It also says that for every four hours of work, the worker is entitled to a ten-minute break.

• Not paying workers for unused vacation time
• Improper withholding of wages or tips
• Not reimbursing employees for work-related expenses, such as gasoline, cell phone use, office supplies, etc.
• Payment of back wages, or paying with bad checks
• Not providing employees with accurate pay stubs
• Violating the terms of the employee’s employment contract

On many occasions, companies or employers take advantage of the fact that the Hispanics they hire do not have papers and are afraid to sue for the violation of their rights at work. It is also for fear of losing their job without knowing that their legal situation does not matter. As a rule of thumb, the most normal thing is that if an employee has been the victim of an infraction in their work, it is most likely that other employees have suffered infractions of the same type. Many of these employees are simply misinformed and do not know what their federal and state rights are when it comes to their employment. And as a result, their rights as workers are violated.

If you or someone in your family is working in the San Francisco, California area and suspects that your company or employer is taking advantage and is violating one of the laws that protect the worker, do not hesitate to contact one of our attorneys at Liberation Law Group. Our attorneys specialize in California workers’ rights laws and we can help you by filing an individual lawsuit or a class action lawsuit, where we would ask your company or employer to respect your rights and seek compensation for damages.

Our firm has extensive experience fighting for these rights, whether through private and confidential negotiations, or through litigation and full-fledged trials. We have successfully fought against employers large and small, including major technology companies and government entities. And while we never back down from a fight, we also regularly help our clients achieve their goals through less vocal and more collaborative means when appropriate. Request a free, no-obligation consultation by calling (888)442-2642. All of our attorneys and paralegals speak Spanish.

Attorneys for workers’ rights employment advocates

Our attorneys for workers 24/7 in San Francisco, California speak Spanish and specialize in helping workers who need legal representation in some issue of unpaid wages, overtime abuse, non-payment of overtime, sexual harassment and discrimination at work such as age discrimination, gender discrimination, disability discrimination, discrimination due to a medical condition, pregnancy discrimination, or simply discrimination in compensation or wage inequality.

What many workers do not know is that by the fact of working they have rights. Immigration status does not matter. On many occasions, Hispanics working in California, whose employment rights are not respected, do not dare to report for fear of losing their job or because not having papers they think they have no rights.

Are you a worker in California in the San Francisco area and have one of the following problems?

• Are you not paid for all the hours or time you work?
• Are you not paid overtime?
• Are you not given a 30-minute break or time to eat?
• Are you not given a 10-minute break after working more than four hours in a row?
• Are you not reimbursed for expenses you have had to do your job, such as tools, transportation or travel expenses and uniforms?

We want you to know that you have rights as a worker, no matter your immigration status. Simply by the fact of working you have rights and our attorneys for workers will not only make your rights respected but that by the fact of opening a claim or filing a lawsuit does not cost you your job. Talk to our specialist attorneys and protect your rights and your job.

Our Attorneys also help workers discriminated against at work. Employment laws in San Francisco, California can be very difficult laws to understand and there are several federal and state statutes.

The Americans with Disabilities Act ADA

The Family Medical Leave Act FMLA

The California Family Rights Act CFRA

The California Fair Employment and Housing Act

These laws are prescribed to defend workers. If it is the case that you have been fired from your job for discrimination, or in your company or your employer is threatening to fire you unfairly because of an injury or illness that has resurfaced at work you have the right to sue and recover damages including lost wages and benefits for being discriminated against

There are many types of employment discrimination, but the most common cases of discrimination in the workplace in San Francisco, California are:

• Racial discrimination
• Gender Discrimination
• Pregnancy Discrimination
• Disability Discrimination
• Discrimination based on Religion
• Age Discrimination
• Medical condition discrimination
• Discrimination based on sexual orientation

Discrimination in the workplace also extends to not allowing employees to exercise rights that the laws of the state of California offer to workers. An example would be that they do not allow you to take time off after the birth of your baby, care for your child or a close relative in case of illness, etc…

Another type of discrimination is the retaliation that a worker may suffer simply for asking that their rights as a worker be respected. What you should know is that as long as you do not fail in your work, the law is on your side. In case you or someone in your family is suffering some type of Discrimination at work or their salary, working hours are not respected, is being sexually harassed or is suffering retaliation for any reason at work, know that you have rights and the California worker law protects those rights.

Our attorney can help you to have those rights respected and the companies or the employer abide by the law, protecting your job at the same time. Our consultations are free and if we don’t win we don’t charge. You have nothing to lose and much to gain. Our consultations are 100% confidential and we always look for your protection, the protection of your employment and how to improve your situation at work as soon as possible.

Wage Discrimination and Equal Pay

The Employment Opportunity laws in the United States prohibit Wage discrimination or failure to comply with Equal Pay for performing the same function at work. The law is very simple and says that if two people of different sexes, in this case a man and a woman perform or perform the same functions in the same company, they should simply be compensated with the same salary. There are exceptions to keep in mind such as the difference in the amount of work performed, if the quality of the work is different there may legally be a difference in salaries and also by seniority.

Why should equal pay be respected between men and women who perform the same work in San Francisco California?

The basic rule is that if the work requires the same effort, that is, the same responsibility, the same hours and equally the same skill is salary in the state of California by law must be the same.

The second factor is that the work or labor task is performed in the same place. What does this mean? That a worker in New York and a worker in San Francisco, California, although they perform the same work, with the same skill and the same hours and with the same seniority, the fact that they are in two different cities or labor markets, may under the law receive different salaries or labor compensation.

There is also wage discrimination by age, skin color, religion or disability, race or nationality. These types of wage discrimination are also prohibited as long as we stick to the two points mentioned above. If you have been discriminated against or are being discriminated against and file a lawsuit, the law of the state of California protects you against possible retaliation by your employer and other workers, even if it is the case that a claim or lawsuit is not won.

Pregnancy Discrimination in the workplace

In the state of California it is illegal to discriminate in the workplace against a pregnant person and their employment is protected by law against pregnancy discrimination. This law is imposed on companies or companies that have more than 15 employees. Basically what the law says is that if a woman is pregnant, simply by the fact of being pregnant she cannot be discriminated against by disrespecting or denying her any right by the fact of being pregnant, she must be treated as another employee.

But what exactly does the law say about the rights and conditions in which pregnant women should work. Pregnancies can be difficult, it must be ensured that pregnant workers, while they are able to perform their tasks, have the right to work.

Companies cannot refuse or deny employment to a pregnant woman after giving birth. If a pregnant woman has been absent from work due to pregnancy, when she recovers, she should not be forced to work those hours that she did not work when she was absent due to pregnancy. These types of actions are discriminatory and may even be considered retaliatory actions towards the pregnant employee.

After a pregnancy, the worker must be able to return to her job and the same position she left when she was absent due to her pregnancy or to give birth. Pregnant women have under the law of the State of California the same rights as employees who are temporarily disabled. Therefore, it is important and the law protects pregnant workers from suffering retaliation or discrimination when returning to work.

Age Discrimination in the workplace

The laws of the state of California and the Federal laws protect workers and job applicants over 40 years of age against age discrimination. Below we are going to mention the rights to which an employee over 40 years of age must have access or not be denied these rights.

• Compensation just like their colleagues
• Work on projects or be assigned to projects.
• Benefits like the rest of the workers performing the same function at work with the same type of labor skill
• Right to be hired to perform a job, by the fact of being over 40 years of age an applicant for a job or even a work project cannot be discriminated against because of their age.
• Right to receive training or continue learning, on many occasions companies train their employees or train them in certain projects to continue growing. This is considered an investment by the company and there can be no discrimination for those over 40 years of age.

Gender Discrimination in the workplace

The Civil Rights law protects workers against gender discrimination. The basic rule is that a company or an employer cannot give preference or discriminate against an employee or a job applicant because of their gender. This type of discrimination is related to the wage gap between men and women exercising the same type of function at work. This type of difference in wage compensation between genders can also be considered gender discrimination. The Law is very simple, a company or employer cannot refuse to hire an applicant for a job based on their sex, promote some employees and not others based on their gender or only promote a particular gender or assign certain tasks to certain genders, that is, assign the task or project based on the gender or sex of the worker.

Discrimination in the workplace by race, nationality or skin color

Both the employment law of the state of California and the Federal laws protect workers from discrimination by skin color, race or nationality. Article VII of the law protects employees against these types of discrimination in companies that have more than 15 employees. What the law specifies is that any type of discrimination is prohibited by the skin color of the worker, race, and stereotype of the worker. It is prohibited to deny employment for belonging to certain social groups, for being married or being associated with a person of another race, skin color or nationality or being associated with people with different physical characteristics.

The law also indicates that racial jokes or comments about the race or skin color of a worker are prohibited. In case this happens, so that the situation does not escalate to worse the employee discriminated against by nationality, skin color or race must report it with their superior immediately the harassment they are suffering.

It is also considered Discrimination by race, skin color or nationality if the worker is not considered for projects, or if these workers are not granted the same employment opportunities as the rest of the workers. Similarly, if they are discriminated against for being married, or being associated with a person of another race, skin color or nationality. There are exceptions in which companies can ask for the right or require fluency at work, for example, when in a company the rules say that only English can be spoken to be able to perform the work that requires a certain job, because the work demands it. In these cases, if the worker aspiring to the job does not speak English well, and the job is denied, it is not considered discrimination.

On the other hand, if they are already employees and are asked to speak only English in the workplace, for example, if an employee works as a cashier in a fast food restaurant and works facing the public, a manager may ask the worker that when he is at the cash register, even if his colleagues speak in their native language, when facing the public, it is mandatory for both him and his co-workers to speak in English. Failure to do so may result in dismissal and will not be considered dismissal for discrimination; he simply has not followed the rules or requirements of his job.

Religious Discrimination in the Workplace

Workers are also protected under California state laws and Federal laws against discrimination based on religion or religious practice, and the law prohibits them from being discriminated against or fired for their religious beliefs. Regardless of their religious beliefs, workers must receive the same treatment as other workers, they must receive the same opportunities and the same job requirements. Under no circumstances should they be forced to perform religious work or activities that go against their religious beliefs. There are times when a worker’s religious beliefs can create difficulties for companies.

Sometimes a worker’s religious beliefs can endanger other workers through retaliation, interfering with job security, or even legal conflicts. The company must try, within reason, to make the necessary changes. In the same way as discrimination based on race, skin color, or nationality, the law does not allow discrimination against an applicant for a job because of their religious beliefs. Religious jokes or offensive comments to a worker’s beliefs are also prohibited.

Cases of discrimination in the workplace or workplace harassment are generally based on specific points. If you have been or are being the victim of discrimination at work or harassment, contact the Lawyers for Workers 24/7. We will inform you of your rights, all our lawyers and legal assistants speak Spanish and our consultations are 100% confidential.

Our Attorneys at Liberation Law Group, practicing as Lawyers for Workers 24/7, have more than 30 years of work experience in San Francisco, California. If you are in this unfortunate situation of abuse, discrimination, harassment or mistreatment at work, speak for free with one of our lawyers so that we can evaluate your case and fight for you so that you can obtain compensation for the mistreatment you are receiving.

Our consultations are also free and if we don’t win your case you don’t pay anything. Protect your job and your dignity by calling (888)442-2642 or contact us by filling out the form on our Lawyers for Workers 24/7 website as soon as possible after being discriminated against or harassed at work because there is a period of time in which we have to act to open a lawsuit.