Representing Silicon Valley Workers
San Jose sits at the center of one of the wealthiest economies in the world, and is at the same time a city where many of the workers who keep it running cannot afford the rent. The people who clean the offices, guard the buildings, serve the food, run the warehouses and build the condominiums are largely Latino — and they are the ones who most often call us because they are not being paid correctly or are being treated differently.
I am Arlo Uriarte, an employment attorney at Liberation Law Group. Our office is in San Francisco's Mission District and we represent workers throughout Northern California, including San Jose and the rest of Santa Clara County. We represent workers only — never employers. We work on contingency and the consultation is free, in English or Spanish.
Work in San Jose: The Patterns We See by Industry
This page does not single out specific employers. It describes the patterns that repeat by industry and what California law requires in each case.
Technology
At technology companies, Latino workers are concentrated in support roles: janitorial, security, food service, transportation and maintenance. The problems we see most there are classification as a contractor when the company controls the work, "culture fit" used as a reason never to promote anyone from that group, English-only policies, and cuts that hit support staff first.
What the law says: an English-only policy is unlawful unless the employer can show a genuine business necessity and gives you written notice (Gov. Code § 12951). Paying differently for substantially similar work violates the California Equal Pay Act (Labor Code § 1197.5). And when a company hires through an agency but controls your work, both can be liable as joint employers.
Warehousing and Logistics
In north San Jose and Alviso, the most common problems are production quotas that make breaks impossible, restroom time counted against the quota, heat without cooling measures, and injuries that go unreported.
What the law says: California's AB 701 requires large warehouses to give you any quota you are subject to in writing and prohibits quotas that prevent you from taking breaks or using the restroom. California also has a heat standard requiring water, shade and rest. Retaliation for reporting an injury is a separate violation.
Construction
With the volume of housing and development being built in San Jose, the problems we see most are public-works prevailing wage not paid in full, cash payment used to avoid recording hours, and misclassification as a contractor.
What the law says: on public works the prevailing wage is set by the state and cannot be negotiated downward. Being paid in cash removes none of your protections — if you worked the hours you are owed for them, and missing records usually count against the employer, not the worker.
Restaurants and Hospitality
San Jose has thousands of restaurants. The most common problems are hours that are never recorded, overtime that is not paid, tips shared with supervisors, and breaks not provided on long shifts.
What the law says: tips belong to the worker and a supervisor cannot take a share (§ 351). For each day without a meal break and each day without a rest break, the employer owes one hour of pay (§ 226.7). If you no longer work there and were not paid in full at separation, you may be owed up to 30 days of wages (§ 203).
Healthcare
In hospitals, clinics and care facilities we see shifts that run long without overtime paid correctly, breaks interrupted and never compensated, and differences in scheduling and promotion. Latina nursing and support staff frequently face discrimination based on both national origin and gender at the same time.
If You Recognize Your Situation
Document what you can: dates, pay stubs, schedules, and any messages or emails saved on a personal device. If you have no documents, the legal process called discovery lets us compel the employer to produce its payroll records, internal emails and policies.
Call attorney Arlo Uriarte — the consultation is free.
No obligation and completely confidential: (888) 442-2642
Liberation Law Group
2760 Mission Street, 2nd floor
San Francisco, CA 94110
Serving San Jose and all of Santa Clara County. We speak Spanish.
Frequently Asked Questions — Employment Law in San Jose
How much does it cost to hire an employment attorney in San Jose?
Nothing upfront. We work on contingency: no hourly fees, no court costs, no charge for the consultation. We are paid only if we win your case — typically 33% if it resolves by settlement and 40% if it goes to trial. If we do not win, you owe us nothing. We also advance the costs of the case, such as filing fees, expert witnesses and depositions.
Can I sue a large technology company?
Yes. The size of the employer does not change your rights under California law. A large company has more lawyers, but it also generates far more documentation — payroll records, internal emails, evaluations and written policies — that we can obtain through the discovery process.
What if I work for a contractor and not directly for the company?
There may be more than one liable employer. Under the joint employer doctrine, if the company where you work controls your schedule, your tasks or how you do the work, it can be liable along with the agency or contractor that pays you. In those cases we bring the claim against both.
Are warehouse production quotas legal?
Not all of them. California's AB 701 requires large warehouses to give you any quota you are subject to in writing, and prohibits quotas that prevent you from taking your meal and rest breaks or using the restroom. If a quota prevents you from taking a break or forces you to work unsafely, that is a violation — and the employer cannot retaliate against you for asking what your quota is.
What determines the value of a case in San Jose?
What you lost in wages and benefits, how long the violation lasted, how severe the conduct was, and what evidence exists. In wage theft, the law allows recovery of the unpaid wages plus penalties and interest. In discrimination, FEHA allows emotional distress damages with no statutory cap and punitive damages for malicious conduct. We do not promise amounts.
Why are consultations free?
Because no one should have to pay to find out whether they have rights. We work on contingency, so we evaluate the case at no cost and are paid only if we win. If after reviewing your situation we do not think you have a case, we tell you honestly and charge you nothing.
How much does an employment lawyer charge for a consultation in San Jose?
100% FREE Consultation - Always. While many attorneys charge by the hour just to talk, we offer:
- Complete case evaluation at no cost
- Honest analysis of your situation
- Estimation of the value of your case
- Explanation of your legal options
- No obligation to hire
What can I recover if I win my employment case?
What California law allows, depending on the type of case:
- Discrimination: back pay, emotional distress damages with no cap under FEHA, punitive damages for malicious conduct, and attorney fees paid by the employer
- Sexual harassment: emotional distress damages, lost wages, and employer liability for failing to act after you reported
- Wage theft: the unpaid wages, break premiums, waiting time penalties and interest
- Wrongful termination: the wages and benefits you lost, plus emotional distress
Value depends on the facts of each case.
How long does an employment case take?
It depends on the complexity of the case and how hard the employer fights. A well-documented wage theft case against a small employer resolves faster than a systemic discrimination case against a large company. Most employment cases resolve by settlement without reaching trial, but we prepare every case as if it will go to trial. In the consultation we give you a realistic expectation for your situation.
What makes an employment case go well?
Mostly evidence and timing. A dated journal written when the events happened, pay stubs, emails and witnesses make a real difference. Acting early matters too: digital evidence gets deleted, witnesses move on, and statutes of limitations expire. Most cases resolve by settlement, which avoids the time and uncertainty of a trial.
What evidence do I need to sue my employer?
You do not need perfect evidence, and many workers call us with nothing in writing. What helps: emails, text messages, pay stubs showing your hours, photos of working conditions, and personal notes with dates. Witnesses matter too — coworkers who saw the same thing, or former employees with similar experiences. Your own testimony counts as evidence. And if you have no documents, the discovery process lets us compel the employer to produce theirs.
Is it expensive to sue your employer?
It costs you nothing upfront. We work on contingency and advance the costs of the case. For the employer the process is genuinely expensive: it pays defense attorneys by the hour, commits staff time to discovery and depositions, and carries the risk of punitive damages. That is why many cases settle.
Is it worth hiring an employment attorney?
You can file a complaint with the California Civil Rights Department without an attorney, and for simple cases that can work. The difference is that mid-size and large employers have defense attorneys whose job is to minimize what the company pays. An employment attorney knows what evidence to request, knows the deadlines and the correct jurisdictions, and negotiates knowing we are willing to go to trial. In most successful cases the employer pays our fees.
Can my employer fire me for suing in California?
Retaliation is illegal and creates an additional claim that is independent of the original case. If you are fired, demoted or punished for filing a lawsuit, complaining about discrimination, reporting violations or cooperating in an investigation, that is a second violation with its own damages. In practice, filing a claim usually makes a company more careful, not less.
Can I sue if I signed something when I was let go?
Possibly yes. A release of claims can be invalid if you signed under pressure or threat, if you received nothing in exchange, or if it purports to waive rights the law does not allow you to waive. If you are 40 or older, the federal OWBPA requires 21 days to consider it (45 for a group) and 7 days to revoke after signing. We review any document you signed for free.
What if I work for a startup or a small company?
You have the same rights. FEHA protects California workers regardless of how many employees the company has — a company with a single employee is covered. At small companies violations are often easier to document because there are fewer administrative layers. When a staffing agency or a parent company is involved, there may be more than one liable employer.
How long do I have to sue?
The deadlines are strict and vary by claim:
- Discrimination, harassment and retaliation under FEHA: 3 years from the most recent act to file with the California Civil Rights Department (CRD), then 1 year to file suit once the CRD issues a right-to-sue notice
- Federal EEOC: 300 days
- Unpaid wages: 3 years, or 4 with a written contract
- PAGA: 1 year
- Claims against a government entity: 6 months, the shortest deadline
The clock runs from the most recent act, not the first. Even so, do not wait: digital evidence gets deleted and witnesses move on. Call (888) 442-2642 and we will tell you which deadline applies to your case.
Do your fees change based on the size of the employer?
No. The same contingency for everyone, whether the employer is a large company or a small business. We do not select cases by the size of the defendant.
What if I do not speak English well?
The entire team speaks Spanish. We translate documents at no cost and court interpretation is included. All communication can be in Spanish. And if your employer used your language as a reason to pay you less, not promote you or exclude you, that can be national origin discrimination under FEHA.
Can I sue if I am undocumented?
Yes. California labor law protects you regardless of immigration status (Labor Code § 1171.5), and FEHA protects all workers. Your status is not relevant to your employment rights. In addition, if your employer threatens to report you to immigration so that you will not complain, that is a separate violation under Labor Code Section 1019, carrying penalties of up to $10,000 per threat. We handle every case with complete confidentiality and never ask about immigration status.
Is it worth suing for "little" money?
There is no "small" case in San Jose:
Example: You are owed $5,000 in wages
- Unpaid wages: $5,000
- Waiting time penalties: $5,000+
- PAGA penalties: $4,000
- Interest: $500+
- Attorney fees: Paid by employer Total potential: $15,000-20,000
Also: Your case prevents it from happening to others. That is priceless.
What if I am afraid to sue?
Fear is normal, and we understand it. What we can do is explain the process before you decide anything, handle communication with the employer and its lawyers so you do not have to, and keep negotiations confidential. It is also worth knowing that retaliation for bringing a claim is illegal and creates an additional claim, so the law protects you from the moment you speak up.
Why choose Liberation Law Group?
We represent workers only, never employers. You speak directly with the team, not a message service. The entire team speaks Spanish, not just the front desk. We work on true contingency, with nothing upfront. And we have more than 20 years litigating employment cases in the Bay Area, with our office in the Mission District.
The consultation is free, available in English or Spanish, with no obligation. We work on contingency: you pay nothing unless we win.
1-888-442-2642Free Consultation
