Employment Laws

Hours of work and pay

Is the dispute over your hours of work or your pay? If you work in the private (non-governmental) sector there are many California laws, along with some federal laws, that may apply:

  • Minimum wage (also applies in public [governmental] sector)
  • Overtime pay (including specific requirements for domestic workers; also applies in public sector)
  • Time and place of payment while employed
  • Payment of wages upon termination or resignation
  • Paycheck statements
  • Deductions from pay
  • Meal and rest periods
  • Lactation accommodation (also applies in public sector)
  • One days rest in seven
  • Right to inspect personnel files
  • Misclassification as independent contractor
  • Employer recordkeeping
  • Employer posting requirements
  • Employer notice requirements

If you work in San Francisco there are laws regarding (1) minimum wage, (2) health care spending on employees; (3) the right to request flexible hours; (4) employer review of applicants’ arrest and conviction records; and (5) for employees in certain retail stores, work schedules and offers of pay and additional work to part-time employees (started July 3, 2015).

Leaves of absence

Does the issue concern a leave of absence? There are several laws that may apply:

  • Family and medical leave
  • Pregnancy disability leave
  • Sick leave to attend the illness of a family member
  • Sick leave (starting July 1, 2015 in California; effective in San Francisco since 2007)
  • Military leave
  • Paid parental leave (starting January 1, 2017 in San Francisco for large employers)

Discrimination and wrongful termination

Do you question your employer’s reason for a decision it made about you? California or federal law, or both, prohibit certain employers from making decisions based on:

  • Race
  • Color
  • Ancestry
  • Nation origin
  • Religion
  • Gender
  • Sexual orientation
  • Marital status
  • Pregnancy
  • Disability
  • Medical condition
  • Age
  • Genetic information
  • Military/veteran status
  • Reporting unlawful or other improper conduct (whistle-blower)

In addition, there are laws that apply to the following situations:

  • Harassment
  • Disability accommodation
  • Religious accommodation

Finally, you may have a claim for:

  • Breach of contract not to terminate except for good cause
  • Defamation

*This page concerns San Francisco, California, and federal law, but not all laws and claims that may exist.