LABOR RIGHTS OF WORKERS IN TECHNOLOGY COMPANIES IN SAN FRANCISCO

Are you experiencing discrimination in your IT job in California?

A large part of California’s income comes from technology companies. Many of our clients are employees of companies related to new technologies. It is a field in which a lot of money is earned, but in which there is also a lot of ignorance of the laws. Learn now what corresponds to you as a worker in the IT sector.

If you’re being discriminated against or not being paid overtime, call us now at (888)442-2642 or fill out our contact form with your free consultation so we can evaluate your options and what you’re entitled to. Fighting for justice in your case is what motivates us.

The 7 reasons why IT workers seek a lawyer specializing in employment law in California

1. Gender or race discrimination: The U.S. is well known for its rich mix of cultures living side by side every day. However, that doesn’t mean immigrant employees aren’t still subjected to discrimination. Fortunately, it’s not the most common situation, but it still happens in the 21st century. Some examples include dismissing their work or leaving them with the most boring tasks. On the other hand, it’s no secret that the number of women working for tech companies is far lower than their male colleagues. As if that weren’t enough, the salary of a woman working in IT is very low compared to a man performing the same duties. They’re also not safe from harassment or abuse. Some of Silicon Valley’s leading companies are known for facing class-action lawsuits over sexual harassment against women. If you were discriminated against at any point because of gender, race, or religion, don’t tolerate it continuing. Our attorneys have many years of experience helping tech company employees with discrimination and harassment cases. Call now at (888)442-2642 or fill out our contact form and we’ll tell you about your options.
2. Breach of contract: Your knowledge or experience as a technology employee makes you unique in your field, and that knowledge is paid for. Your skills and abilities may mean you have bonuses on your payroll established by contract. Lawsuits filed against large technology companies in Silicon Valley for failing to pay specialization bonuses are historical. It is very common for projects in technology companies to be delayed or directly canceled. Perhaps a contract involves a move or you leaving your previous job, and if it is broken unilaterally before the project begins, it is not considered a breach of contract as such. However, you can claim damages, for example, due to the expenses derived from that move.
3. Unfair dismissals: In the technology sector, it is customary to work on projects. According to Chapter 4, Part 4, Sections 1400-1408 of the Labor Code, the WARN Act protects employees, their families, and communities by requiring employers to give 60 days’ notice to their employees affected by a mass layoff. If the circumstances of your dismissal suggest that it could have been illegal, consult with one of our employment lawyers about your options. For example, if you have been forced to sign a waiver of liability as a requirement to give you the compensation you deserve.
4. Non-compete agreements: Many technology companies make their employees sign agreements so that, when their contract or the project they are working on ends, they cannot offer their knowledge for a while to a competing company. This type of agreement may seem reasonable at first, but in your future it may mean losing job opportunities. Make sure that these clauses are clear. The description of what these agreements cover is usually very unspecific, so an employer can be accused of firing or refusing to hire an employee who does not agree to sign an excessively broad non-compete agreement. If an employer tries to force a former employee to comply with a non-compete clause, they can be sued for interfering in the employee’s contractual relations with their new employer.
5. Non-disclosure agreements: Another common point in contracts with this type of company is non-disclosure agreements. You must be very careful not to store any type of sensitive information on hard drives, in the cloud or in your email account if you do not want the company to accuse you of violating this clause and find yourself in serious trouble. A lawsuit of this type can ruin your career and put barriers to your future. Conditions that go beyond what is legal are unacceptable, and a claim can be made against an employer if they try to enforce the agreement aggressively (with retaliation, for example), or if they try to protect information whose disclosure, by law, cannot be prevented.
6. Age discrimination: It is very common for younger employees to be required in the most technological positions. And not only that, but companies are looking for recent college graduates to fill positions that were previously filled by people with many years of experience. The Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) protect workers and job seekers against age discrimination. The ADEA prohibits employers with at least 20 employees from discriminating against people 40 years of age or older. Meanwhile, FEHA protects workers 40 years of age or older from discrimination in the workplace if the employer has at least five employees. If a worker has evidence and can satisfactorily prove age discrimination, both laws make them eligible to receive large sums for pain and suffering, including payment of lost wages, damages, reinstatement in their position, attorney’s fees and trial costs.
7. Failure to pay overtime due to misclassification as exempt under California law: It is a common mistake for employers to classify IT workers as exempt from overtime when they are not. Most IT tasks do not qualify as exempt. Class action lawsuits over the misclassification of IT technicians as exempt are becoming more common throughout the country. Failure to pay overtime is a serious and recurring issue within the technology industry. California laws establish fair payment for overtime FLSA. According to California laws, the employer must pay overtime 1.5 of the salary. Under California state law, to qualify for these exemptions, one must examine the amount of time the employee spends performing that type of task, and not the job title. However, there are a number of exceptions:

• Administrative professionals
• Computer scientists
• Scholarly professionals
• Executives

If you have questions about your rights as an employee at a tech company or you’re a victim of any type of discrimination or harassment, contact Workers’ Attorneys as soon as possible, 24 hours a day, 7 days a week. You’ll feel understood, because all of our attorneys and legal assistants speak Spanish, and our consultations are 100% free, confidential, and with no obligation. We have more than 30 years of work experience in Our employment rights attorneys in San Francisco, Daly City, South San Francisco, San Bruno, Colma, Linda Mar, Millbrae, Burlingame, San Mateo, Montara, Foster City, Highlands-Baywood Park, Oakland, Alameda Island, Bay Farm Island, San Leandro, Union City, Newark, Redwood City, Palo Alto, Mountain View, Sunnyvale, Santa Clara, San Jose, Fremont, Richmond, Berkeley, Walnut Creek, Hayward, Pleasanton, San Ramon, San Mateo, and San Rafael, California. Protect your job by calling (888)442-2642 or contact us by filling out the form to contact our 24/7 workers’ attorneys website as soon as possible. You can also have access to quality representation.