If you have been or are being discriminated against at your construction job, are not being paid your wages or overtime, or your hours are not being respected, you need to assert your rights. Call attorney Arlo Uriarte at Liberation Law Group today at 1-888-442-2642 for a free consultation in Spanish.
The construction sector stands out as one of the most vital — and unfortunately most dangerous — employment areas for workers in San Francisco, California. Despite the inherent risks, it remains a cornerstone of California’s economy, employing a substantial workforce across diverse roles including architects, carpenters, electricians, plumbers, HVAC technicians, heavy equipment operators, roofers, drywall installers, painters, and landscaping professionals. According to recent statistics from the California Employment Development Department (EDD), approximately 925,000 people were employed in construction jobs throughout the state.
What many workers do not know is that in California, regardless of whether you have immigration documents or not, if you are working you have the same rights as any other worker. Many construction workers who are victims of discrimination do not assert their employment rights out of fear of losing their job or fear of retaliation. Call 1-888-442-2642 for a free consultation in Spanish — we guarantee you will speak with an attorney.
Understanding the Hazards of the Construction Sector in San Francisco
The construction industry supports tens of thousands of Hispanic workers in Northern California. Workers in this field face a variety of potential injuries and accidents, including falls, being struck by objects, electrocution, entrapment, chemical exposure, crushing injuries, and amputations.
To mitigate these hazards, California construction employers must comply with safety protocols established by the Occupational Safety and Health Administration (OSHA) and the California Division of Occupational Safety and Health (Cal/OSHA). Employers in this sector are required to provide:
An Injury and Illness Prevention Program (IIPP): A written program detailing measures to prevent workplace injuries and illnesses, including hazard identification, employee training, and incident investigation.
Comprehensive training: Adequate instruction on workplace hazards, proper use of safety equipment, and correct operation of tools and machinery.
Regular site inspections: Routine assessments to identify and correct potential hazards.
Personal Protective Equipment (PPE): Provision of properly fitted and maintained PPE — including hard hats, safety glasses, and gloves — at no cost to the worker.
Compliance with safety standards: Adherence to Cal/OSHA regulations covering fall protection, excavation safety, and equipment standards.
Timely incident reporting: Prompt reporting of work-related injuries or illnesses to Cal/OSHA.
Legal Rights of Construction Workers in California
The right to a safe workplace: California employers, including those in construction, are required to provide a safe working environment. Workers retain the right to refuse work they consider dangerous or lacking adequate safety measures. These protections are enshrined in Cal/OSHA and its federal counterpart, OSHA.
The right to workers’ compensation: California’s wage and hour laws provide a safety net for construction workers injured on the job. They are entitled to workers’ compensation benefits covering medical expenses, lost wages, and related costs arising from the injury.
The right to be free from discrimination: Construction workers, like all California employees, are protected against discrimination based on race, gender, age, religion, national origin, and other protected characteristics. The Fair Employment and Housing Act (FEHA) prohibits employers from retaliating against workers who raise safety concerns or file workers’ compensation claims.
The right to whistleblower protection: California’s Whistleblower Protection Act (WPA) protects construction industry workers who report violations of state or federal laws, rules, or regulations. Employers are prohibited from retaliating against employees who report or suspect violations — retaliation includes termination, demotion, suspension, or any other adverse action.
The right to overtime pay: Construction workers in San Francisco are entitled to overtime pay for any hours exceeding eight in a day or 40 in a week.
The right to organize and unionize: Construction workers retain the right to organize and join a union, allowing them to collectively bargain for better wages, benefits, and working conditions.
Are you a construction worker whose rights are being violated?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
How to Hold Your Employer Accountable
Report violations: Construction workers should immediately report any legal violations to the relevant authorities, such as OSHA or the California Labor Commissioner’s Office. Reporting violations is essential for holding employers accountable and preventing recurring infractions.
File an administrative complaint: Identify unsafe working conditions or hazards and file an administrative complaint with Cal/OSHA. This initiates an investigation and on-site inspection. Workers have the right to request confidentiality during the investigation, and employers are legally prohibited from retaliating against employees who take such action.
File a lawsuit: Workers negatively affected by their employer’s actions can pursue legal action to seek compensation including: lost wages or back pay in wrongful termination cases, reinstatement to their previous position, damages for lost benefits and emotional distress, coverage of medical costs from unsafe working conditions, and punitive damages in serious cases of employer negligence.
Prevailing Wages and Their Relevance to California Construction Projects
Prevailing wages represent the minimum compensation required for workers involved in specific public works projects in California. These rates are established by the California Department of Industrial Relations, depending on the nature of the work and the location of the project. If you are working on a public project and not receiving prevailing wages, that is a serious violation. Call 1-888-442-2642.
Where We Serve in Northern California
We represent construction workers in San Francisco (SOMA, Mission Bay, Dogpatch), Solano County, Sonoma County, San Mateo County, and throughout the region. Consultations are free, in Spanish, and available 24/7.
Do you have questions about your case?
Attorney Arlo Uriarte can evaluate your situation — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions — Construction Workers’ Rights in San Francisco
What types of discrimination are most common in San Francisco construction jobs?
The most frequent types we see at construction sites in SOMA, Mission Bay, and the North Bay include: racial discrimination — assigning Hispanic workers the most dangerous or dirty jobs while others do administrative work at equal pay; language discrimination — treating workers differently for speaking Spanish; denial of supervisory or better-paying positions based on national origin; racist verbal harassment from foremen or supervisors; and retaliation when workers report unsafe conditions. All of this is illegal under California’s FEHA. Call 1-888-442-2642.
Am I entitled to the same pay as my Anglo coworkers for the same work?
Yes. California’s Equal Pay Act and FEHA prohibit pay differences based on race or national origin. If you perform the same work as Anglo coworkers and receive less pay without a legitimate reason — such as less experience or seniority — that may be illegal pay discrimination. This includes both base pay and access to projects that pay overtime or prevailing wages. An attorney can evaluate whether there is pay discrimination in your case. Read about the Equal Pay Act in California. Call 1-888-442-2642.
What can I do if my supervisor makes racist comments at the construction site?
Document every comment with the date, time, exact words, and any witnesses present. Do not confront the supervisor alone — that can lead to retaliation. Report to Human Resources or the next level of supervision in writing — by email if possible, to create a record. If the company does not act after the report, that aggravates their legal liability. Call Liberation Law Group at 1-888-442-2642 before taking additional action — an attorney can guide you on the right strategy to maximize your protection and your recovery.
Can I sue if I was terminated for reporting unsafe conditions at the site?
Yes. It is illegal retaliation to terminate a worker for reporting unsafe working conditions to Cal/OSHA, to a supervisor, or to the employer. This protection exists regardless of your immigration status and applies at every construction site in California. If you reported an unsafe condition — defective equipment, exposure to hazardous substances, lack of protective equipment — and were terminated or faced negative action as a result, call 1-888-442-2642 immediately.
Am I entitled to free safety equipment at the construction site?
Yes. Cal/OSHA regulations require the employer to provide adequate personal protective equipment (PPE) at no cost to the worker — hard hats, harnesses, gloves, eye protection, and any other equipment necessary for the specific job. If your employer charges you for safety equipment, forces you to use defective equipment, or fails to provide the necessary equipment, they are violating Cal/OSHA regulations. These violations can result in fines for the employer and, if they result in an injury, can significantly expand their liability. Call 1-888-442-2642.
Does construction discrimination apply to subcontractors and not just the general contractor?
Yes. The chain of liability on construction projects can be complex, but anti-discrimination protections apply regardless of who your direct employer is. On public projects, the general contractor may be liable for violations committed by their subcontractors. On private projects, each employer is directly responsible for their own violations. An attorney can evaluate who in the chain of command bears liability for the violations you suffered. Call 1-888-442-2642.
How much could a construction discrimination case in San Francisco be worth?
The value depends on the type and duration of the discrimination. Racial discrimination cases involving denial of promotions over 2–3 years can include the wage difference plus emotional distress damages — frequently tens of thousands of dollars. Cases involving systematic racial harassment can include significant additional emotional distress damages. Cases involving retaliation for reporting safety violations can add wrongful termination damages. A free evaluation can give you a concrete estimate based on your situation. Call 1-888-442-2642.
Does Liberation Law Group handle construction cases throughout the region?
Yes. We represent construction workers in San Francisco, Oakland, San Jose, Solano County, Sonoma County, and throughout the region. Call 1-888-442-2642.
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in Spanish — No Obligation — No Fee Unless We Win
