Employment law protects your paycheck, your safety, and your dignity at work.
In California—and especially in San Francisco—employees are backed by some of the most comprehensive worker protections in the country. But laws alone don’t stop discrimination, harassment, wage theft, or retaliation.
That’s where we come in.
At King & Siegel LLP, our San Francisco employment attorneys represent workers in the fights that matter most. If you’ve been wrongfully terminated, denied fair pay, discriminated against, harassed, or punished for speaking up, we will stand with you—and win with you.
Our award-winning team has secured over $100 million for employees just like you. We will not stop until your voice is heard, your rights are vindicated, and your employer is held accountable.
You deserve better. Contact us today. Let’s take the first step toward justice together.
What Kind of Workplace Issues Can San Francisco Employment Lawyers at King & Siegel Help With?
Our San Francisco employment law attorneys know what it takes to win. We fight for workers from day one of their first job through the last paycheck of their career. Whether you’re facing discrimination, harassment, wage theft, retaliation, or wrongful termination, we take on all types of cases: individual lawsuits, class actions, pre-litigation demands, trial work, and appeals. We tell the truth, we hold the powerful accountable, and we fight like hell to get justice.
Workplace Discrimination
The California Fair Employment and Housing Act (FEHA) and federal laws make it illegal for an employer to discriminate against employees or job applicants based on their membership in a protected class. Discrimination occurs when an employer makes an employment decision based on the employee’s personal characteristics, not their qualifications. Protected classes in California include:
- Race,
- Age,
- Sexual orientation,
- Gender identity or expression,
- Marital status,
- National origin,
- Mental or physical disability,
- Medical conditions,
- Religion,
- Genetic information, and
- Military or veteran status.
Discrimination claims require an “adverse employment action,” or concrete and tangible harms. These include being fired, demoted, being denied a reasonable accommodation, being passed over for promotion, or being denied internal transfer.
Proving workplace discrimination can sometimes be challenging because you have to prove that the employer’s decision was motivated by discriminatory reasons. Employers do not typically put their discriminatory intent in writing or tell someone they took the action because of the person’s protected class. For instance, most employers know better than to put their biases in writing. You usually won’t see an email that says “we fired her because she was pregnant” or “we only promote men.”
But actions speak louder than words. Patterns of exclusion. Shifting excuses. Suspicious timing. Easily disprovable lies. Sudden shifts in treatment. All of these can be powerful evidence of discrimination. The law recognizes this. We know how to build cases with it. And we know how to expose what employers hope to hide.
In July 2024, the Supreme Court of California issued a significant decision, impacting workplace discrimination cases involving racial harassment. The Supreme Court ruled in Bailey vs San Francisco that a single use of an unambiguous racial epithet—in this case, the n-word—could be actionable if it’s sufficiently severe in light of the totality of circumstances. In other words, the plaintiff in the case did not need to show an ongoing pattern of discrimination or harassment. Her co-worker calling her an unambiguous racial epithet was enough to create a hostile work environment under the California FEHA law.
Since the ruling is relatively new, it is hard to predict how this will impact future discrimination claims.
Sexual Harassment
Sexual harassment in the workplace is a serious violation of your rights under both California and federal law. The FEHA and Title VII of the Civil Rights Act of 1964 make it illegal to subject employees to harassment based on their sex, gender, or sexual orientation.
Sexual harassment can take many different forms, some of which are more obvious than others. However, in legal terms, there are two general types of sexual harassment: quid pro quo and hostile work environment harassment.
Quid pro quo sexual harassment occurs when someone in a position of power makes job benefits conditional on unwanted sexual conduct. For example, when a manager asks an employee to engage in a sex act in exchange for a promotion, they are engaging in quid pro quo harassment.
By contrast, hostile work environment harassment happens when repeated incidents of unwanted and offensive sexual behavior create an atmosphere that makes you feel intimidated and unable to work as usual. Many different types of inappropriate behavior can contribute to a hostile work environment, including:
- Unwelcome sexual advances,
- Unwanted touching or physical contact,
- Comments about clothing or physical appearance,
- Displaying sexually explicit images,
- Persistent staring at someone’s body, and
- Offensive stories or questions about personal or sexual life.
San Francisco employers have a legal responsibility to take steps to prevent and address sexual harassment. These steps include educating employees on how to recognize misconduct in the workplace and implementing internal reporting procedures. If your employer ignores or fails to respond to a harassment complaint, they can face legal penalties.
The attorneys at King & Siegel are prepared to help you navigate these sensitive cases. With help from our compassionate advocates, you can hold your employer accountable and pursue damages for lost wages, emotional distress, and punitive damages where applicable. You deserve a workplace free from harassment, and we will fight to protect your dignity and rights.
Wage and Hour Disputes
As an employee, you have the right to be paid for your services and the time it takes to perform them. You also have the right to be paid fairly. Unfortunately, employers frequently fail to pay employees on time, or they might purposely alter information to pay them less than they are owed. Common wage and hour violations include:
- Paying less than minimum wage,
- Denying meal or rest breaks,
- Classifying workers as independent contractors instead of employees,
- Paying salaries for hourly positions,
- Making improper deductions or rounding wages,
- Not paying overtime wages,
- Paying employees late, and
- Requiring workers to work off the clock.
If you believe you may be a victim of these types of wage and hour violations, contact our employment law attorneys to help you determine what actions you need to take. It will be important to compile documentation, like paystubs, timesheets, and employment agreements, is important to support your claim.
Our attorneys can review the documentation and determine if you have a wage and hour violation claim and how to proceed. You may be entitled to lost wages, back pay, and damages. Your employer might also face penalties and fines for their actions. We can help you get the pay you are owed.
2024 and 2025 increases in California’s minimum wage
California labor law recently increased minimum wages across the state. If you haven’t been paid the up-to-date minimum wage, or you were delayed in receiving it, you may have a wage claim.
On April 1, 2024, the minimum wage for fast-food restaurant employees across California increased to $20.00/hour. This generally covers employees at restaurants that are part of a chain with 60 establishments nationwide. If a city or county has a higher minimum wage, then that higher minimum wage applies to fast-food restaurant employees.
On October 16, 2024, the minimum wage for health care employees across California increased to $23.00/hour. Under the new law, many of these health care employees’ minimum wage will gradually increase to $25.00/hour over the next few years. If you provide health care services or services supporting the provision of health care, you may qualify for this new rate. This includes janitorial work, medical coding and billing, food services, and guard duties. You must work for a health care facility that’s covered by this new law to be eligible. These facilities include hospitals, outpatient clinics, some residential care facilities, and physician groups with 25 or more physicians.
Since January 1, 2017, California law has incrementally increased the minimum wage up from $10.00/hour. Starting January 1, 2025, the minimum wage for all employees in the state of California is $16.50. If your city or county has a higher minimum wage, you’re owed the higher wage. If your occupation has a higher minimum wage, like fast food or health care workers, you are owed the higher minimum wage.
The California Labor Code contains many specific details regulating exactly who is eligible for these minimum wages. Our employment law attorneys are well-versed in the law and can help you understand what applies to your situation.
Equal Pay Act Violations
Employees in California have the right to equal pay for substantially similar work, regardless of gender, race, or ethnicity. The right to pay equity between the sexes has been enshrined in US law since the 1963 Equal Pay Act. However, California’s equal pay legislation goes even further than federal law.
Under the state’s version of the Equal Pay Act, employers can face legal penalties if employees of different races, ethnicities, or genders receive unequal compensation for performing equivalent job duties.
The law also requires employers to prove that any pay differentials between these groups are based on legal factors, such as seniority, education, or experience—instead of subjective or discriminatory reasons.
Despite these state and federal law protections, many workers still face pay discrimination. Some warning signs of Equal Pay Act violations in your workplace could include:
- Unequal opportunities for raises awarded to white vs. Hispanic employees in the same role;
- Qualified female employees repeatedly passed over for promotions in favor of male coworkers; or
- Employers who forbid you from discussing your wages with coworkers.
If you suspect you’re facing wage discrimination, the support of an employment attorney in San Francisco is crucial for holding your employer accountable and recovering the money you’re owed. Our attorneys can help you assess your claim, gather evidence, and pursue compensation for lost wages, interest, and damages. At King & Siegel, we are dedicated to ensuring that all workers receive fair and equal pay.
Employer Intimidation and So-Called Closed Door Meetings
Starting January 1, 2025, employees in California have the right to decline to attend closed-door meetings where management discourages union membership.
about union membership or union-related matters. This right is part of a broader protection against being forced to engage with an employer’s political or religious opinions.
Employers cannot discharge, discriminate, or retaliate against you for refusing to participate in such meetings—or even threaten to do so. If you choose not to attend a union-related meeting held during your scheduled work hours, you must still be paid for that time.
These protections do not apply if you work for a religious or political organization, nor in certain educational or training contexts.
Often, these closed-door meetings are part of a larger pattern of intimidation aimed at discouraging union activity or collective action. If you have experienced this kind of employer behavior, contact an employment law firm to explore your legal options.
Workplace Safety Violations
California laws require that employers to provide safe and healthy environments for their employees to work. It is your employer’s responsibility to ensure your safety at work. Common workplace safety violations include inadequate safety training, failure to address hazardous conditions, non-compliance with Occupational Safety and Health Administration (OSHA) regulations, and failure to provide protective equipment. If you report an unsafe workplace condition, it’s illegal for your employer to retaliate against you.
If you have workplace safety concerns, we can help ensure your employer complies with Cal/OSHA safety regulations and tackle issues concerning dangerous work conditions.
Improper Termination
Do you think your employer fired you unjustly? We can investigate whether your firing broke the law and what legal steps you can take to combat a wrongful termination.
An employer cannot terminate you for discriminatory or retaliatory purposes or because you reported unlawful conduct.
Some employees may have a contract that outlines specific terms and conditions of employment and termination that the employer and employee must follow. If the contract states specific grounds for termination or that your employment will only last for a certain period of time, those terms govern. If your employer fires you in violation of these terms, your termination may be wrongful.
Additionally, an employer may be unable to fire you if an implied contract exists. An implied contract is unwritten and is created from statements and actions of the employer that lead the employee to understand they won’t be fired at will.
Employment Contract Matters
Your employment contract is paramount to outlining your rights and responsibilities in the workplace. An employment agreement sets forth the services you are to perform, compensation you will receive, conditions for termination, where you can work, and more.
If your employer includes unfavorable terms, it can impact your ability to work or earn money. Or, if your employer does not follow through with the terms of your agreement, you may have legal recourse.
We can help draft, scrutinize, and negotiate employment contracts, including non-compete agreements, and settle any disputes arising from contract issues.
Understanding Leave Laws
No one plans on getting sick or disabled, but it can happen. It can also happen to a close family member we care about. When it does, you want to be sure you understand your rights for taking time off and getting the medical support you need.
California laws protect your employment if you are facing a medical condition or illness. You have the right to take leave, to have job protection when you return to work, and to be protected from retaliation for taking leave.
Starting January 1, 2025, your employer can’t require you to use up to two weeks of vacation days before receiving Paid Family Leave benefits. Instead, you can start receiving Paid Family Leave benefits as soon as you are eligible.
We can clarify your family and medical leave rights, and help ensure you understand your protections under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA).
Paid sick leave for victims of qualifying actions of violence
Sometimes we need to care for ourselves or our family members, not because of sickness or disability, but because we’ve been victims of a crime. California law recognizes this and mandates that these situations fall within the scope of paid sick days. Employers aren’t allowed to retaliate or discriminate against you if you take your paid sick days for this purpose.
This applies if you were a victim of violence, you’re caring for a family member who was a victim of violence, or if you need to attend a legal process about this violence. Family members may include children, grandchildren, parents, grandparents, siblings, spouses, or domestic partners.
Under the law, the qualifying action of violence stands regardless of whether anyone was arrested or charged with a crime. A qualifying action of violence can include domestic violence, sexual assault, stalking, an act causing bodily injury or death, or an individual threatening to cause bodily injury or death.
If your employer has discriminated or retaliated against you for taking your paid sick days for these situations, you may have a claim. An experienced San Francisco employment attorney can help in situations like these.
Severance Negotiations
A severance agreement is a legal contract that outlines the terms and conditions under which an employee leaves their job. Severance agreements often include details about compensation, benefits, confidentiality clauses, noncompete clauses, and more.
These agreements are usually drafted by the employer and contain many confusing legal words. Additionally, employers will try to include terms that are beneficial for them, but that could make your life after you leave the job much harder.
For example, if there is a noncompete clause in your severance agreement, it could prevent you from getting a similar job for years. Ready to quit? We can negotiate a severance package that meets your needs.
Whistleblower Protections
Employees who come forward to notify government agencies of wrongdoing or illegal activity in the workplace are considered “whistleblowers.” State and federal laws encourage employees to report fraud, waste, abuse of authority, health and safety threats, and violations of law in the workplace.
Whistleblowers are protected from retaliation for reporting workplace conduct they reasonably believe is unlawful. An employee is also protected if they refuse to participate in an activity that would violate state, federal, or local law. Here are some activities that commonly make employees targets for employer retaliation in San Francisco:
- Complaining about unpaid wages or overtime,
- Reporting unsafe working conditions,
- Complaining internally about sexual harassment,
- Speaking out about illegal discrimination,
- Disclosing tax or consumer fraud, and
- Filing a report of employee misclassification.
You don’t have to prove that wrongdoing is happening to be considered a whistleblower. You are legally protected from potential employer backlash as long as you reasonably believe that wrongdoing is happening.
Retaliation for reporting workplace wrongdoing may take many forms, such as:
- Termination,
- Demotion,
- Harassment,
- Negative performance reviews,
- Work sabotage,
- Threats of deportation,
- Unfair write-up,
- Reassignment of duties, and
- Failure to promote.
When you experience any of these situations after speaking out about wrongdoing at work, that’s a red flag that you might be a victim of illegal retaliation.
If your employer retaliated against you, you may be entitled to reinstatement, lost wages and benefits, a civil penalty of up to $10,000 (paid by the employer), punitive damages, and damages for emotional distress.
Our firm is familiar with a wide range of whistleblower claims—from data privacy and security to insurance fraud to Securities and Exchange Commission whistleblower claims.
Whether in court, mediation, arbitration, or administrative hearings, our advocates have the skills to represent you in all areas of employment law. Contact us today to discuss your needs, and let us explain how we can help.
What California Laws Protect San Francisco Employees?
Federal laws and regulations and California and city codes protect San Francisco employees’ rights. Here are several central State laws and acts:
- California Labor Code,
- California Family Rights Act (CFRA),
- Fair Employment and Housing Act (FEHA), and
- California Occupational Safety and Health Act (Cal/OSHA).
Federal laws include:
- Family and Medical Leave Act (FMLA),
- Civil Rights Act of 1964,
- Age Discrimination in Employment Act (ADEA),
- Americans with Disabilities Act (ADA),
- Employee Retirement Income Security Act (ERISA),
- Labor-Management Reporting and Disclosure Act (LMRD), and
- Fair Labor Standards Act (FLSA).
These and other laws protect wages, equal opportunities, employee benefits, bargaining and union rights, sick leave, and numerous other rights for all employees.
San Francisco Employment Attorney FAQs
What Does at-Will Employment Mean in California?
California is one of many at-will employment states. This means that the employer and the employee can terminate the employment relationship at any time, with or without cause or prior notice. Without a contract, it is presumed that employment is at will.
At-will employment lends flexibility to both parties. However, an employer cannot fire an employee for an illegal reason, such as for discriminatory or retaliatory purposes or because you reported unlawful conduct.
When Should I Contact an Employment Lawyer in San Francisco?
If you believe your employer violated your rights at work, it’s important to contact an attorney as soon as possible. Employment claims are governed by strict statutes of limitation, which set deadlines for taking legal action. These time limits can vary depending on your issue, e.g., discrimination, wage violations, or wrongful termination. Missing a deadline can mean losing your chance to hold the responsible party accountable and recover legal compensation.
Seeking legal advice early on allows your attorney to preserve evidence, advise you on steps to take, and protect your rights if your employer responds negatively. For instance, if you’ve experienced harassment, discrimination, or retaliation, quick action can help ensure that important records and witnesses are secured before they’re lost.
Even if you’re unsure whether you have a case, consulting an attorney early can provide clarity and peace of mind. At King & Siegel, we offer free consultations for employees concerned about their rights at work. In this no-obligation meeting, one of our advocates can listen to your story, answer your questions, and advise you on your potential legal options.
What Happens When I Hire an Employment Attorney?
When you hire an employment attorney, their first priority is understanding the specifics of your case and identifying the best legal strategy to protect your rights. To do so, your lawyer will review key information and documents relevant to your claim, such as contracts, emails, and written complaints. Then, your attorney will outline your legal options and gather evidence to support your claim.
Once your case is underway, your attorney will handle the legal complexities so you can focus on moving forward. They will manage communications with your employer or their legal team, preventing you from having to navigate difficult conversations or negotiations alone. Your attorney may also draft demand letters, negotiate settlements, or represent you in mediation to secure a resolution.
If you cannot reach a settlement, your attorney will prepare for litigation, building a strong case for court. This includes filing legal claims, presenting evidence, deposing witnesses, and advocating for you during hearings or trial.
At King & Siegel, we stand by your side every step of the way, fighting for justice and helping you achieve the best possible outcome.
How Much Do San Francisco Employment Attorneys Cost?
Discussing fee structures with your potential lawyer before hiring them is essential. It’s also important to note that while fees are a significant consideration, they should not be the sole measure for selecting legal representation.
The attorney’s track record, reputation, and communication abilities are equally critical to ensuring you receive stellar representation and maximizing your potential recovery.
That said, expenses associated with hiring employment lawyers in San Francisco can differ significantly. The lawyer’s experience level, your case’s complexity, and the lawyer or firm’s billing practices all affect the price. Some lawyers bill hourly, which typically ranges from $250 to $500, but can potentially be more.
Alternatively, some lawyers prefer a flat fee arrangement for services. And still, other attorneys operate on a contingency fee basis.
A contingency fee means that the lawyer’s payment is contingent upon winning your case, and their fee is a percentage of the settlement or judgment. Additionally, employment lawyers who work on a contingency fee only collect compensation when they successfully resolve your case.
At King & Siegel, we only accept employment cases on a contingency basis, meaning you only pay for our time if we recover money for you. Contact us to discuss your needs and let one of our skilled attorneys answer all your fee-related questions.
What Experience Do King & Siegel’s San Francisco Employment Attorneys Have?
Our firm’s co-founders are talented employment attorneys dedicated to ensuring fair access to legal representation.
Julian Burns King is a Harvard Law School trained lawyer who has practiced at some of the country’s biggest litigation firms. She is focused on fighting for the rights of working parents and those facing discrimination or harassment in the workplace (especially gender discrimination).
Eliot Siegel also worked at some of the country’s top litigation firms after graduating from NYU School of Law. Eliot has dedicated his career to representing employees who lack the resources to protect themselves against big companies and employers. He has been named a Super Lawyer Rising Star each year since he co-founded the firm.
King & Siegel LLP Will Fight Fiercely for Your Employment Rights in San Francisco
We believe everyone deserves to work in an environment free from discrimination, harassment, and unfair treatment. That’s why our dedicated team of experts strives to ensure that employers treat every employee fairly and justly. We also believe that workers should have access to the same aggressive and skilled legal tactics commonly used by big companies.
And we’re proud to offer unparalleled, bold, yet compassionate representation. With our extensive experience and passion for justice, we are committed to providing the best legal services available.
Our advocates have impressive track records. Many have graduated from the top five law schools, scored impeccable AVVO ratings, and been named Super Lawyers Rising Stars—just a few of their stellar accolades. More importantly, we’ve secured millions for clients who have suffered from their employers’ misconduct.
You don’t have to put up with workplace injustices. Whether you want us to file a discrimination claim, review an employment contract, or help you understand your FMLA rights, our San Francisco employment lawyers promise to provide compassionate, hard-hitting representation. Contact us today for a free consultation. You don’t pay unless we win.