The #1 Employment Attorney San Francisco

At Miracle Mile Law Group, our San Francisco employment lawyers have experienced trial lawyers. We understand how to persuasively present your case before agencies, judges, and juries – at both the federal and state levels.

We file individual and class action employment claims including:

• Workplace discrimination
• Sexual harassment in the workplace
• Wrongful termination
• Family and medical leave claims
• Overtime pay and minimum pay claims
• Whistleblower claims
• Retaliation claims
• Claims for severance pay

If you’ve been discriminated against (in hiring, advancement, or firing) for any of the following reasons, you may have a viable employment discrimination claim:

• Race or ethnicity
• A disability
• Your country of origin
• Age (if 40 or older)
• Sex, gender, and sexual orientation
• Military status
• Marital status
• Pregnancy
• Religion

San Francisco employees can file a wrongful termination claim based on any of the following reasons:

• Workplace discrimination. Generally, employers with at least 15 employees (just 5 employees for California violations) cannot discriminate based on your identity characteristics such as your race, country of origin, gender, age (if 40 or older), disability, or other identity factors. 
• Retaliation for asserting your employee rights. Employees in San Francisco have the right to file employment claims, be witnesses for other employees who file employment claims, file sexual harassment claims, serve on juries, take authorized family leaves, and participate in other legally permissible activities such as filing a whistleblower claim.
• Contract enforcement. Union workers have the right to seek enforcement of the terms of their collective bargaining agreements. Employees who have written contracts have the right to seek enforcement of their contracts. Employees also have the right to challenge any contract enforcement actions by their employers such as restraint of trade provisions that are illegal or void against public policy.
• Failure of the employer to provide reasonable accommodations. Employers cannot terminate a worker who was unable to do his/her job – if the employer did not provide the reasonable (and required) accommodations necessary to do their job – if the worker is disabled.

California employers are also required to comply with the WARN Act which “helps ensure advance notice in cases of qualified plant closings and mass layoffs.”

San Francisco workers have the right to expect they will be treated with dignity. One of the worst infringements on dignity is sexual harassment. Employers have a duty to take proactive steps to prevent sexual harassment and respond to sexual harassment. Employers should never participate in, allow, or fail to respond to harassment by managers, supervisors, clients, vendors, customers, and coworkers. Sexual harassment includes any actions including requests for sexual favors in exchange for advancement or sexual remarks and conduct that make workers feel uncomfortable because of their gender, sexual identity, or sexual preferences. 

At Miracle Mile Law Group, our San Francisco employer lawyers file sexual harassment claims based on the California Fair Employment and Housing Act (FEHA) and federal sexual harassment laws.

Effective July 1, 2022, all San Francisco employees, “including part-time and temporary employees, must be paid no less than the San Francisco minimum wage, currently $16.99 per hour.”  

Generally, workers who work by the hour are entitled to overtime pay as follows:

• Workers who work between 8 and 12 hours in a workday are entitled to 1.5 times the employee’s regular rate of pay for all hours worked in excess of 8 hours – “and for the first eight hours worked on the seventh consecutive day of work in a workweek”
• Workers who work more than 12 hours in a workday are entitled to double their regular pay rate – “for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”
• Some exemptions do apply.

Our San Francisco employment lawyers file complaints demanding payment of your authorized wages (minimum wage, overtime pay, and sick leave pay) and any statutory penalties because your employer failed to pay the wages you are entitled to.

Family and Medical Leave Laws (FMLA) are designed to protect workers by providing them with job-protected leave for certain qualifying reasons. Here’s how they protect workers:

1. Job Protection: Under FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave in a 12-month period without the risk of losing their job. This means that when they return from leave, they have the right to be reinstated to their same position or an equivalent one with equivalent pay, benefits, and other terms of employment.
2. Family Care: FMLA allows employees to take leave to care for their own serious health condition or that of an immediate family member (such as a spouse, child, or parent) with a serious health condition. This ensures that workers can attend to their family’s medical needs without fear of repercussions at work.
3. Parental Leave: Employees can take FMLA leave for the birth, adoption, or foster care placement of a child. This time off allows parents to bond with their new child without the added stress of worrying about job security.
4. Military Family Leave: FMLA also provides eligible employees with leave for specific reasons related to military service, such as to care for a family member who is a covered service member with a serious injury or illness incurred in the line of duty.
5. Health Benefits: During FMLA leave, employers must maintain the employee’s health benefits as if they were still actively working. This ensures that employees can continue to access important healthcare coverage while on leave.

Overall, FMLA laws provide crucial protections for workers, allowing them to balance their work and personal responsibilities without risking their employment status or health benefits.

Our San Francisco employment attorneys also represent workers in claims for:

Severance pay

• Retirement benefits
• The right to work for competitors after leaving the company or being fired

• The use of certain employer intellectual property
• Protection of immigrant rights
• Protection from unauthorized or untimely background checks.

At Miracle Mile Law Group, our San Francisco employment lawyers have an impressive record of successful verdicts and settlements in a broad range of employee rights cases. We’ll explain your rights and pursue them aggressively in court and before federal and state agencies.

To discuss your San Francisco employee rights claims, please call us at (866) 395-6077 or contact us for a FREE consultation.