Berkeley Employment Lawyer

Why Berkeley Workers Need a Lawyer Who Knows the Local Industries

Berkeley is a charter city in Alameda County and home to the flagship campus of the University of California system. The 2020 census population was 124,321. Berkeley is a charter city (the current charter dates from a 1909 Board of Freeholders charter). City Hall is at 2180 Milvia Street, Berkeley, CA 94704. Berkeley has one of the highest local minimum wages in California and a comprehensive worker-protection ordinance framework. The Berkeley minimum wage is $19.18/hour effective July 1, 2025 and increases to $19.61/hour effective July 1, 2026 (annual CPI adjustment). Berkeley also has a separate Living Wage Ordinance for City of Berkeley contractors ($20.01/hour with medical benefits or $23.33/hour without, effective July 1, 2026), a Paid Sick Leave Ordinance (Berkeley Municipal Code Chapter 13.100), and a Family Friendly and Environment Friendly Workplace Ordinance giving certain employees the right to request modified work schedules. The Berkeley workforce centers on three pillars. First, the University of California, Berkeley (UC Berkeley) at 2200 University Avenue, Berkeley, CA 94720 - the flagship campus of the UC system, founded in 1868 - is by far the largest employer in Berkeley with thousands of faculty, staff, and student employees. UC Berkeley is also affiliated with the Lawrence Berkeley National Laboratory (LBNL), a U.S. Department of Energy national laboratory. Second, the Berkeley Unified School District / BUSD (2020 Bonar Street, Berkeley, CA 94702, (510) 644-6150 - approximately 1,160 staff). Third, Berkeley's diverse private sector includes independent grocery store Berkeley Bowl (founded 1977), Berkeley Repertory Theatre, the Bayer HealthCare West Berkeley campus, hundreds of restaurants and retail businesses along Telegraph Avenue, Shattuck Avenue, and 4th Street, and the city's signature arts and food scene. None of these protections matter if you do not assert them on time. Public-employer claims (City of Berkeley, BUSD, UC Berkeley/Regents, LBNL, Alameda County) carry deadlines including the 6-month Government Claims Act deadline under Cal. Government Code section 911.2 (for state/local) and separate UC Regents claim deadlines. We file the claim, take it through the agency or court, and recover what you are owed. No fee unless we win.

Berkeley Industries Where Employment Violations Are Common

Berkeley employment cases tend to cluster in six industry concentrations. Each carries its own legal framework and its own recurring fact patterns.

University of California, Berkeley (UC Berkeley)

The University of California, Berkeley (UC Berkeley / "Cal") at 2200 University Avenue, Berkeley, CA 94720 is the flagship campus of the University of California system, founded in 1868, and by far the largest employer in Berkeley. UC Berkeley employs thousands of faculty, staff, student workers, and graduate-student researchers. UC Berkeley is governed by the Regents of the University of California, a constitutionally autonomous state agency. UC workers are covered by their own constitutional/statutory civil-service framework, collective bargaining agreements with multiple unions (AFSCME, UAW for graduate students, UPTE-CWA, CNA for medical center nurses, etc.), and the 6-month government-claim deadline. UC Berkeley is affiliated with the Lawrence Berkeley National Laboratory (LBNL) at 1 Cyclotron Road, Berkeley, CA 94720 - a U.S. Department of Energy national laboratory managed by UC. LBNL employees are covered by additional federal whistleblower protections including the Energy Reorganization Act (42 U.S.C. section 5851) and federal False Claims Act protection (31 U.S.C. section 3730(h)). University and lab workers also have rights under FEHA, Title VII, ADA, and the Equal Pay Act.

Public K-12 and government

The Berkeley Unified School District / BUSD at 2020 Bonar Street, Berkeley, CA 94702, (510) 644-6150 employs approximately 1,160 staff serving Berkeley's K-12 students. The City of Berkeley (2180 Milvia Street) is also a major employer, along with the Berkeley Police Department, Berkeley Fire Department, and EBMUD. Peace officers are covered by the Public Safety Officers Procedural Bill of Rights (POBR), Cal. Government Code section 3300 et seq. Public-school workers have pre-deprivation due-process rights under Skelly v. State Personnel Board (1975) 15 Cal.3d 194 and California Whistleblower Protection Act coverage under Cal. Government Code section 8547. Subject to the 6-month Government Claims Act deadline.

Restaurants, retail, and small business

Berkeley's restaurant and small-business sector along Telegraph Avenue, Shattuck Avenue, 4th Street, North Shattuck "Gourmet Ghetto," and Solano Avenue is one of the most distinctive in California. The Berkeley Bowl Marketplace (2020 Oregon Street; Berkeley Bowl West at 920 Heinz Avenue) - an independent, family-owned grocery store founded in 1977 - employs hundreds of workers. Chez Panisse, Cheese Board Collective, and many independent restaurants are major restaurant-industry employers. Berkeley workers are entitled to: (1) the Berkeley minimum wage ($19.18/hour effective July 1, 2025; $19.61/hour effective July 1, 2026 - one of the highest in California); (2) paid sick leave under Berkeley Municipal Code Chapter 13.100 (1 hour per 30 hours worked; cap 48 hours/year for small employers under 25, 72 hours/year for larger); and (3) the right to request modified schedules under the Family Friendly and Environment Friendly Workplace Ordinance. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).

Healthcare, biotech, and clinical research

Berkeley's healthcare and life-sciences sector includes the Bayer HealthCare West Berkeley campus (one of the largest biotech sites in the East Bay), Alta Bates Summit Medical Center - Alta Bates Campus (operated by Sutter Health), and many private clinics. Healthcare workers are covered by SB 525 (California Labor Code sections 1182.14, 1182.15, 1182.16) tiered healthcare-worker minimum-wage schedule and California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation). Biotech workers at public companies have additional Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank (15 U.S.C. section 78u-6) whistleblower protection.

Arts, theater, and cultural sector

The Berkeley Repertory Theatre ("Berkeley Rep") at 2025 Addison Street is one of the most prominent regional theaters in the United States and a major arts-sector employer. The Cal Performances series at UC Berkeley's Zellerbach Hall and the Aurora Theatre add to Berkeley's theater scene. Arts-sector workers are typically W-2 employees or AEA union members (Actors' Equity Association) and are covered by FEHA, Title VII, and California Labor Code wage/hour protections. Independent contractors are often misclassified - the Dynamex ABC test (codified as Cal. Labor Code section 2775) governs.

Tech and professional services

Berkeley hosts many tech startups, software firms, and professional-services companies including Pandora's historical headquarters in nearby Oakland and many smaller tech firms in Berkeley's "Skydeck" and other startup incubators. Berkeley is also home to The Bancroft Library and many publishing and research-services firms. Tech workers are covered by all standard California FEHA, Labor Code, and federal Title VII / ADA / ADEA / FMLA protections, plus Sarbanes-Oxley and Dodd-Frank for public-company employees.

Berkeley Worker Protections

Berkeley has one of the most comprehensive local worker-protection frameworks in California, second only to San Francisco. Berkeley workers are protected by a combination of statewide California law and Berkeley-specific local ordinances.

• Berkeley minimum wage - $19.18/hour effective July 1, 2025, increasing to $19.61/hour effective July 1, 2026, then adjusting annually for inflation. One of the highest local minimum wages in California, well above the state floor of $16.90/hour.
• Berkeley Living Wage Ordinance (for City of Berkeley contractors) - $20.01/hour with medical benefits valued at $3.32/hour, or $23.33/hour without medical benefits, effective July 1, 2026.
• Berkeley Paid Sick Leave Ordinance - Berkeley Municipal Code Chapter 13.100. All employees accrue 1 hour of paid sick leave for every 30 hours worked. Cap: 48 hours/year for small employers (under 25), 72 hours/year for larger employers (25 or more).
• Berkeley Family Friendly and Environment Friendly Workplace Ordinance - gives certain employees the right to request a modified work schedule for family or environmental reasons (similar to but stronger than California Labor Code section 1030 et seq.).
• California minimum wage (2026) - $16.90/hour state floor (Cal. Labor Code section 1182.12).
• Fast-food minimum wage - $20.00/hour for covered fast-food restaurant employees at chains with 60 or more national locations (AB 1228, Cal. Labor Code section 1474).
• Healthcare worker minimum wage - SB 525 (Cal. Labor Code sections 1182.14, 1182.15, 1182.16). Directly relevant to Alta Bates Summit Berkeley campus and Bayer HealthCare West Berkeley workers.
• California Paid Sick Leave - California Labor Code sections 245-249 (state floor; Berkeley's ordinance is generally stronger).
• Exempt salary floor (2026) - $70,304/year (twice the state minimum wage at $16.90/hour).
• Cal-WARN Act - California Labor Code sections 1400 et seq.
• Public-employer government-claim deadline - Cal. Government Code section 911.2. Claims against the City of Berkeley, BUSD, the Regents of the University of California (for UC Berkeley and LBNL), or Alameda County must be presented in writing within 6 months.
• Public Safety Officers Procedural Bill of Rights (POBR) - Cal. Government Code section 3300 et seq. Directly relevant to Berkeley Police Department officers and UCPD officers.
• Energy Reorganization Act whistleblower protection - 42 U.S.C. section 5851. Directly relevant to Lawrence Berkeley National Laboratory (LBNL) workers.

California Law That Applies in Berkeley

Most Berkeley employment cases are decided under California state law, often combined with Berkeley-specific local ordinances.

• FEHA, Cal. Government Code section 12940 et seq.
• Overtime and breaks, California Labor Code sections 510, 226.7, 512.
• Wage statements and waiting-time penalties, California Labor Code sections 226 and 203.
• Whistleblower retaliation, California Labor Code section 1102.5. SB 497 (effective January 1, 2024) added a 90-day rebuttable presumption.
• Wrongful termination in violation of public policy - Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167.
• Hostile work environment - Jones v. The Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158.
• California Equal Pay Act, California Labor Code section 1197.5.
• Lactation accommodation, California Labor Code sections 1030-1034 and the federal PUMP Act, 29 U.S.C. section 218d.
• California WARN Act, California Labor Code sections 1400 et seq.
• Independent-contractor classification, California Labor Code section 2775. ABC test from Dynamex codified by AB 5 / AB 2257.
• Client-employer liability, California Labor Code section 2810.3.
• Healthcare worker minimum wage, California Labor Code sections 1182.14, 1182.15, 1182.16 (SB 525).
• Fast-food restaurant minimum wage, California Labor Code section 1474 (AB 1228).
• Non-competes void, California Business and Professions Code section 16600.
• Stay-or-pay clauses void, California Labor Code section 926 (AB 692). Effective January 1, 2026.
• Silenced No More Act, California Code of Civil Procedure section 1001 and Cal. Government Code section 12964.5 (SB 331).
• Hospital-worker whistleblower, California Health and Safety Code section 1278.5.
• Public Safety Officers Procedural Bill of Rights (POBR), Cal. Government Code section 3300 et seq.
• PAGA, California Labor Code sections 2698 et seq.
• Government-claim deadline, Cal. Government Code section 911.2.
• Berkeley Minimum Wage Ordinance.
• Berkeley Paid Sick Leave Ordinance - BMC Chapter 13.100.
• Berkeley Family Friendly and Environment Friendly Workplace Ordinance.
• Berkeley Living Wage Ordinance (City contractors).

The 2026 exempt-salary threshold is $70,304 per year (twice the state minimum wage at $16.90/hour, per DIR News 2025-118). A Berkeley worker paid less than that, no matter what title is on the door, is almost certainly a non-exempt employee entitled to overtime and meal/rest premiums.

How to File a Claim in Berkeley

Where and how you file depends on the kind of claim and who the employer is. Call us before any deadline at 1-800-371-3088.

Court

Civil employment lawsuits filed by Berkeley workers are heard at the Alameda County Superior Court, René C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612, (510) 891-6000. Federal claims are heard at the U.S. District Court for the Northern District of California, Oakland Division, Ronald V. Dellums Federal Building and U.S. Courthouse, 1301 Clay Street, Oakland, CA 94612, or at the San Francisco Division, 450 Golden Gate Avenue, San Francisco, CA 94102.

State, federal, and local agencies

• City of Berkeley Workforce Standards and Enforcement - enforces the Berkeley Minimum Wage, Paid Sick Leave, Family Friendly Workplace, and Living Wage Ordinances. 2180 Milvia Street, Berkeley, CA 94704.
• CRD Oakland Office - 1515 Clay Street, Suite 701, Oakland, CA 94612. Statewide intake (800) 884-1684.
• EEOC San Francisco District Office (Alameda County jurisdiction) - 450 Golden Gate Avenue, 5 West, San Francisco, CA 94102.
• California Labor Commissioner (DLSE) Oakland Office - 1515 Clay Street, Suite 801, Oakland, CA 94612, (510) 622-3273.
• Cal/OSHA - (833) 579-0927.

Deadlines that matter most

• 6-month government-claim deadline - Cal. Government Code section 911.2.
• 1-year right-to-sue deadline - Cal. Government Code section 12965.
• 300-day EEOC charge deadline.
• 3-year wage-claim statute; extendable to 4 under Bus. & Prof. Code section 17200.
• UC Regents government-claim deadline (6 months) - Cal. Gov. Code section 911.2. Directly relevant to UC Berkeley and LBNL employees.

Why Berkeley Workers Choose Eghbali Law Firm

• Employees only

  We never represent employers. Every resource goes toward winning your case.

• No fee unless we win

  You pay nothing unless we recover for you. No upfront costs. No hidden fees.

• Free confidential consultation

  No cost to speak with us. Everything you share is protected by attorney-client privilege.

• Statewide California practice

  We serve workers across all of California regardless of where you live or work.

• Phone or video, no office visit needed

  Most consultations happen by phone or video. You only attend if your testimony is required.

• Multilingual staff available

  We serve clients in multiple languages. Contact us to discuss your case in your preferred language.