Comprehensive Employment Law Practice Serving the San Francisco Bay Area
The comprehensive labor and employment law practice at Dreger Law PC includes representing workers throughout the San Francisco Bay Area who were victims of employment discrimination or harassment, were victimized by wage theft such as minimum wage or overtime wage and hour violations, or who were harmed due to violations of occupational safety and health issues. See below for examples of the types of cases typically handled at Dreger Law PC and call 510-914-5334 to discuss your potential claims with a knowledgeable, skilled and dedicated California employment lawyer.
The firm’s comprehensive employment discrimination practice represents employees who were adversely affected in any aspect of employment based on a lawfully-protected characteristic, including demotion, transfer, assignment, wrongful termination or other adverse actions or treatment. Mr. Dreger also represents employees who were subjected to a hostile work environment based on a protected characteristic. Some of the major antidiscrimination laws the office handles include:
Title VII of the Civil Rights Act – Prohibits discrimination in employment based on race, color, religion, sex or national origin. Applies to hiring, firing, compensation and other terms, conditions and privileges of employment. Applies to employers, employment agencies and labor unions.
Americans with Disabilities Act (ADA) – Protects qualified individuals with a disability who can perform the essential functions of the job with or without reasonable accommodation. Prohibits discrimination. Requires reasonable accommodation that would not pose undue hardship on the employer. Applies to persons with a disability, a record of disability or who are regarded as being disabled.
Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 years or older from age-based discrimination.
Equal Pay Act (EPA) – Prohibits sex-based discrimination in the payment of wages. Requires equal pay for equal work. Designed to close and eliminate the gender wage gap.
Pregnancy Discrimination Act (PDA) – Amended Title VII to prohibit employment discrimination on the basis of pregnancy. Includes pregnancy, childbirth and related medical conditions.
California Fair Employment and Housing Act (CFEH) – California law that prohibits discrimination in employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Human Rights Commission (HRC) – In the City and County of San Francisco, an employer may not take adverse action against an employee because of the individual’s age, AIDS/HIV status, ancestry, color, creed, disability, domestic partner status, gender identity, height, marital status, national origin, race, religion, sex/gender, sexual orientation or weight.
Wage & Hour Violations
The federal minimum wage is $7.25 an hour, but it’s $11.00 an hour in California and will rise each year until it hits $15.00 an hour in 2022. In San Francisco, the minimum wage increased to $15.00 an hour in July 2018. Employers and employees alike can be confused or unsure about the proper wage that applies, and payroll departments may make mistakes that go unnoticed for months or even years.
Employees are entitled to be paid overtime at one and a half times their regular rate of pay when they work beyond the standard workweek. Under the federal Fair Labor Standards Act (FLSA), overtime kicks in after 40 hours. Under California law, however, you are also entitled to overtime if you work more than eight hours a day. If you work more than 12 hours in a day, you are entitled to double pay for every hour over 12 in that day.
California law additionally requires employees to be provided with a 30-minute meal period in a five-hour shift, or two meal periods for a shift over ten hours. Employees are also entitled to a ten-minute rest break every four hours.
If you were not paid the correct wage, you can file an action to collect the proper amount of unpaid wages, even going back two or three years under federal law or three or four years under California law. However, unpaid wages beyond that period are lost forever, so it is important to contact an attorney and file a wage claim as soon as you become aware that your wages have been stolen.
There are many exceptions under the law for different types of workers, including overtime exemptions for professional, executive and administrative employees and independent contractors. Workers are commonly misclassified as exempt from overtime when they should instead be receiving it. Don’t rely solely on your employer’s opinion of whether you are exempt. Call Dreger Law PC to speak with a California employment law attorney about whether you may be missing wages you are entitled to.
Occupational Safety & Health
If you have been fired for not being able to do your job, it may not be immediately obvious that you were the victim of a workplace injury, illness or disability based on chemical exposure or other safety hazards in your work environment. Kurt Dreger is an employment lawyer as well as a certified industrial hygienist who is specially trained to identify such conditions. Dreger Law PC can help you bring a wrongful termination claim in applicable cases, or a constructive discharge claim if unhealthy or dangerous conditions at work forced you to quit to preserve your health. The firm also handles whistleblowing and retaliation claims for employees who were fired because they filed a complaint with their employer or a government agency regarding unsafe or illegal conditions or mistreatment at work.
In addition to representing employees with occupational safety and health issues, Dreger Law is also available to consult with employers to identify unsafe practices or unhealthy environments and remedy them before they become a problem for workers.
Call Dreger Law PC for Help with Employment Law Matters in the San Francisco Bay Area
If you need sound legal advice, assistance or representation in a California employment law matter in the San Francisco Bay Area, call Dreger Law PC at 510-914-5334 to speak with a skilled and knowledgeable California employment law attorney. Mr. Dreger offers a free initial consultation and a variety of fee options to meet your needs, including contingency fee arrangements in appropriate cases.