San Francisco Employment Lawyer

Why San Francisco Workers Need a Lawyer Who Knows the Local Ordinances

San Francisco workers are protected by some of the strongest worker-protection laws in the country - but only if you know how to use them. San Francisco stacks its own Minimum Wage Ordinance, Health Care Security Ordinance (HCSO), Paid Parental Leave Ordinance (PPLO), Fair Chance Ordinance (FCO), Family Friendly Workplace Ordinance (FFWO), Paid Sick Leave Ordinance (PSLO), Lactation in the Workplace Ordinance, Formula Retail Employee Rights (Predictable Scheduling), and Minimum Compensation Ordinance (MCO) on top of California's already-strong state framework (FEHA, the California Labor Code, the California WARN Act) and federal law (Title VII, the ADA, the ADEA, FMLA, federal WARN). All nine ordinances are enforced by the San Francisco Office of Labor Standards Enforcement (OLSE) at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 430. None of those protections matter if you do not assert them on time. Some claims have deadlines as short as 6 months for public-employer claims (City and County of San Francisco, SFUSD, SFMTA, UCSF as a UC entity) under Cal. Government Code section 911.2, the EEOC charge deadline is 300 days, the CRD deadline is 3 years, and most workers never file because they do not know which deadline applies. We file the claim, take it through the agency or court, and recover what you are owed. No fee unless we win.

San Francisco Industries Where Employment Violations Are Common

San Francisco employment cases tend to fall into five industry concentrations. Each one has its own legal framework and its own recurring fact patterns.

Technology

Salesforce (headquartered at 415 Mission Street in Salesforce Tower), Uber, Lyft, OpenAI, X/Twitter, Airbnb, Block (Square), Pinterest, Reddit, Stripe, Asana, and LinkedIn have San Francisco operations. The leading recent local mass-layoff case is Cornet v. Twitter, Inc., N.D. Cal. No. 3:22-cv-06857, a WARN Act class action filed November 3, 2022, after Twitter (now X) terminated approximately half its workforce immediately following Elon Musk's acquisition; the complaint alleged that Twitter failed to give the 60-day written notice required by the federal WARN Act, 29 U.S.C. section 2101, and the California WARN Act, California Labor Code sections 1400 et seq. Other common SF tech claims: stock-vesting and severance disputes, AI / automated-decision-system bias under the California Civil Rights Council ADS regulations effective October 1, 2025, H-1B retaliation, and trade-secret claims after departures. App-based driver classification remains contested even after the California Supreme Court upheld Proposition 22 in Castellanos v. State of California (2024) 16 Cal.5th 588.

Healthcare

UCSF Medical Center (Parnassus, Mission Bay, Mt. Zion), UCSF Benioff Children's Hospitals, Kaiser Permanente San Francisco, Sutter / California Pacific Medical Center (CPMC), Dignity Health (Saint Francis Memorial, St. Mary's Medical Center), Chinese Hospital, and Zuckerberg San Francisco General Hospital (ZSFG) employ thousands of nurses, technicians, support staff, and clerical workers. California's SB 525 (California Labor Code sections 1182.14, 1182.15, 1182.16) sets a healthcare-worker minimum-wage schedule that reaches $25/hour at large hospital systems (10,000+ FTE) on July 1, 2026, $23/hour at most other covered facilities, $22/hour at community / urgent-care / rural-health clinics, and $19.28/hour at safety-net hospitals. California Health and Safety Code section 1278.5 imposes a $25,000-per-violation civil penalty for retaliation against hospital workers who raise patient-safety, regulatory-compliance, or quality-of-care concerns. Healthcare workers also bring routine FEHA claims for pregnancy accommodation, lactation accommodation under California Labor Code sections 1030-1034 and the federal PUMP Act, 29 U.S.C. section 218d, and disability accommodation.

Hospitality and hotels

Hilton San Francisco Union Square, Marriott Marquis, Hyatt Regency Embarcadero, Fairmont San Francisco, Westin St. Francis, Four Seasons, and Ritz-Carlton anchor the SF hospitality workforce. Hotel workers in San Francisco are protected by the San Francisco Minimum Wage Ordinance ($19.18/hour as of July 1, 2025, rising to $19.61/hour on July 1, 2026), the Paid Sick Leave Ordinance, and the Health Care Security Ordinance. Common claims: wage and hour (off-the-clock work, missed meal/rest breaks under Labor Code sections 226.7 and 512), tip-pooling disputes (Labor Code section 351; SB 648 effective January 1, 2026 strengthens tip protections), sexual harassment under FEHA Cal. Government Code section 12940(j), and HCSO healthcare-expenditure violations.

Financial services

Wells Fargo (headquartered at 420 Montgomery Street), Charles Schwab, Visa (regional), BlackRock, Bank of the West (BNP Paribas), and First Republic (successor JPMorgan) have major SF operations. Common claims: pregnancy and caregiver discrimination, equal-pay claims under California Labor Code section 1197.5 (California Equal Pay Act) and SB 1162 pay-transparency, and FCRA / San Francisco Fair Chance Ordinance background-check violations.

Public sector

The City and County of San Francisco is the largest single employer in the County. SFUSD, SFMTA, SF Department of Public Health, BART (regional), CCSF (City College), and UCSF (as a University of California entity) round out the SF public-sector workforce. Public-employee discipline rights are governed by Skelly v. State Personnel Board (1975) 15 Cal.3d 194 (pre-deprivation notice and opportunity to respond). The California Whistleblower Protection Act applies (Cal. Government Code section 8547 et seq.). The 6-month Government Claims Act notice deadline under Cal. Government Code section 911.2 is the deadline that catches most parallel public-employee tort claims.

Retail, restaurants, offices, and other workplaces

Outside the five industries above, we represent workers across all SF workplaces: formula-retail chains (Starbucks, Target, CVS, Whole Foods, Walgreens, Gap, Old Navy, Macy's) covered by the SF Formula Retail Employee Rights Predictable Scheduling Ordinances (SF Police Code Articles 33F, 33G), restaurants, professional offices, the Port of San Francisco, construction, and gig work. The same statutory framework applies; the facts change.

San Francisco Worker Protections

San Francisco has the most extensive set of city-specific worker protections in California. All nine ordinances below are enforced by the San Francisco Office of Labor Standards Enforcement (OLSE), City Hall, 1 Dr. Carlton B. Goodlett Place, Room 430, San Francisco, CA 94102. The state minimum wage is $16.90/hour as of January 1, 2026; the rates and rules below apply on top of (or in place of) that floor for covered SF workers.

• San Francisco Minimum Wage Ordinance - SF Police Code Article 12R. $19.18/hour as of July 1, 2025, rising to $19.61/hour on July 1, 2026. Applies to all employees who perform at least 2 hours of work in a workweek inside the City and County of San Francisco. (sf.gov / OLSE.)
• Health Care Security Ordinance (HCSO) - SF Administrative Code Chapter 14. Employers with 20+ employees (or 50+ for non-profits) must make minimum healthcare expenditures for employees who work 8+ hours per week in San Francisco. 2026 rates: $4.11/hour for employers with 100+ workers; $2.74/hour for employers with 20-99 (for-profit) or 50-99 (non-profit). Annual reporting due May 1. (sf.gov.)
• Paid Parental Leave Ordinance (PPLO) - SF Police Code Article 33H. Employers with 20+ employees worldwide must supplement California Paid Family Leave (PFL) up to 100% of normal weekly pay for up to 8 weeks of bonding leave with a new child.
• Fair Chance Ordinance (FCO) - SF Police Code Article 49. Employers with 5 or more employees worldwide may not ask about criminal history on initial applications; conditional offer must come first, then individualized assessment, then a 5-business-day reply window if adverse action is contemplated. Aligns with - and exceeds - California's Fair Chance Act (Cal. Government Code section 12952).
• Family Friendly Workplace Ordinance (FFWO) - SF Administrative Code Chapter 12Z. Employers with 20 or more employees (anywhere in the world) must consider written requests from caregivers for flexible or predictable schedules and may only deny based on bona fide business reasons.
• Paid Sick Leave Ordinance (PSLO) - SF Administrative Code Chapter 12W. All San Francisco employers must accrue 1 hour of paid sick leave per 30 hours worked. Cap: 40 hours (small business, <10 employees) or 72 hours (10+ employees). More generous than California's state sick-leave law in some respects.
• Lactation in the Workplace Ordinance - SF Police Code Article 33A. All employers must provide lactation breaks and a dedicated lactation location meeting specific standards (private, clean, near a sink, with refrigeration access). Stricter than California's state lactation-accommodation requirements under California Labor Code sections 1030-1034.
• Formula Retail Employee Rights (Predictable Scheduling) - SF Police Code Articles 33F, 33G. "Formula retail" establishments with 20+ SF employees and 40+ retail establishments worldwide must provide schedules 14 days in advance, pay 1-4 hours of premium pay when shifts change inside 7 days, and offer additional hours to existing part-time employees before hiring new workers.
• Minimum Compensation Ordinance (MCO) - SF Administrative Code Chapter 12P. Higher minimum wage for employees of City contractors and tenants of City property: $22.01/hour (for-profit) effective July 1, 2026; non-profits at a higher tier.
• California Paid Sick Leave - under California's Healthy Workplaces, Healthy Families Act (California Labor Code sections 245-249), employers statewide must provide at least 5 days or 40 hours of paid sick leave per year. SF's PSLO is more generous in some respects; the higher floor applies.

California Law That Applies in San Francisco

Most San Francisco employment cases are decided under California state law layered on top of the SF ordinances. The statutes below cover the issues that come up in almost every case.

• FEHA, Cal. Government Code section 12940 et seq. Discrimination, harassment, and retaliation in employment. Covers race, color, ancestry, national origin, religion, age (40+), sex, gender, sexual orientation, gender identity and expression, marital status, medical condition, mental and physical disability, military and veteran status, genetic information, and pregnancy. 5+ employees for discrimination (Cal. Government Code section 12926); 1+ employee for harassment (Cal. Government Code section 12940(j)(4)).
• Overtime and breaks, California Labor Code sections 510, 226.7, 512. Daily overtime above 8 hours and weekly overtime above 40 hours at 1.5x; double time after 12 hours in a day or after 8 hours on the 7th consecutive workday. Meal-period premium of one hour of pay if the employer fails to provide a duty-free 30-minute meal period; rest-period premium of one hour of pay if the employer fails to authorize a 10-minute rest period for every 4 hours worked.
• Wage statements and waiting-time penalties, California Labor Code sections 226 and 203. Itemized pay stubs are required; missing or inaccurate stubs trigger statutory penalties. Final wages must be paid at termination (or within 72 hours of resignation without notice); waiting-time penalties run up to 30 days of pay if the employer fails.
• Whistleblower retaliation, California Labor Code section 1102.5. Employees who report a reasonable belief of legal violation, internally or to a government agency, are protected. The framework was clarified in Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703: the employee proves protected activity contributed to the adverse action, and the burden shifts to the employer to prove by clear and convincing evidence it would have taken the same action anyway. SB 497 (effective January 1, 2024) added a 90-day rebuttable presumption of retaliation when adverse action follows protected activity within that window.
• Wrongful termination in violation of public policy - Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167. A worker fired for refusing to commit an illegal act, for asserting a statutory right, or for reporting illegal conduct can sue in tort.
• Hostile work environment - Jones v. The Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158. Severe or pervasive harassment based on a protected trait creates an actionable hostile work environment. Individual supervisors can be personally liable for harassment.
• California Equal Pay Act, California Labor Code section 1197.5. Equal pay for substantially similar work, regardless of sex, race, or ethnicity. Salary-history bans and pay-scale-disclosure rules apply. SB 642 (effective January 1, 2026) broadened the definition of "wages."
• Lactation accommodation, California Labor Code sections 1030-1034 and the federal PUMP Act, 29 U.S.C. section 218d. Reasonable break time and a private, non-bathroom space. The SF Lactation in the Workplace Ordinance (SF Police Code Article 33A) adds stricter standards.
• California WARN Act, California Labor Code sections 1400 et seq. Employers with 75 or more employees must give 60 days' advance written notice of a mass layoff (50 or more employees in any 30-day period), plant closing, or relocation. Workers fired without proper notice can recover up to 60 days of back pay and benefits. SB 617 (effective January 1, 2026) expanded the required notice content.
• Independent-contractor classification, California Labor Code section 2775. The ABC test (origin: Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903; codified by AB 5 and recodified by AB 2257 in Labor Code sections 2775-2787). A worker is presumed to be an employee unless the hiring entity proves all three prongs.
• Healthcare worker minimum wage, California Labor Code sections 1182.14, 1182.15, 1182.16 (SB 525). Phased schedules for covered healthcare facilities; rates vary by category. Reaches $25/hour at large hospital systems (10,000+ FTE) on July 1, 2026.
• Fast-food restaurant minimum wage, California Labor Code section 1474 (AB 1228). $20.00/hour for covered fast-food restaurant employees as of April 1, 2024.
• Non-competes void, California Business and Professions Code section 16600. Reinforced by SB 699 and AB 1076 (both effective January 1, 2024).
• 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). Prohibits non-disclosure and non-disparagement clauses that prevent workers from discussing unlawful workplace conduct.
• Hospital-worker whistleblower, California Health and Safety Code section 1278.5. Protects hospital workers at UCSF, CPMC, Kaiser SF, Dignity Health Saint Francis & St. Mary's, and ZSFG who raise patient-safety, regulatory-compliance, or quality-of-care concerns - $25,000-per-violation civil penalty.
• PAGA, California Labor Code sections 2698 et seq. Private Attorneys General Act allows aggrieved employees to bring representative actions for Labor Code violations. AB 2288 and SB 92 (effective July 1, 2024) reformed standing and cure provisions.
• Adult sexual assault claims, California Code of Civil Procedure section 340.16. 10 years from the assault or 3 years from discovery of injury; AB 250 opens a 1-year revival window starting January 1, 2026 for certain employment-connected adult sexual assault.
• Government-claim deadline, Cal. Government Code section 911.2. Claims for personal injury, death, or property damage against a public entity (City and County of San Francisco, SFUSD, SFMTA, ZSFG, UCSF as a UC entity) must be presented within 6 months. Other causes carry a 1-year claim deadline. After a claim is rejected, Cal. Government Code section 945.6 gives 6 months to file suit.
• California Whistleblower Protection Act, Cal. Government Code section 8547 et seq. A separate state-employee whistleblower track that runs through the State Auditor and the State Personnel Board.

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 San Francisco 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 San Francisco

Where and how you file depends on the kind of claim and who the employer is. The wrong filing or a missed deadline can permanently bar your case. Call us before any deadline at 1-800-371-3088 and we will handle the filing for you.

Court

Civil employment lawsuits filed by San Francisco workers are heard at the Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102. General information: (415) 551-4000. Civil Clerk's Office in Room 103. Federal claims (Title VII, ADA, ADEA, FMLA, FLSA, federal WARN, ERISA, and Section 1981) are heard at the U.S. District Court for the Northern District of California, Phillip Burton Federal Building, 450 Golden Gate Avenue, San Francisco, CA 94102, (415) 522-2000.

State and federal agencies

• California Civil Rights Department (CRD) - statewide intake (800) 884-1684 or (800) 700-2320 (TTY). File online at calcivilrights.ca.gov. Charges of discrimination, harassment, and retaliation under FEHA.
• U.S. Equal Employment Opportunity Commission (EEOC), San Francisco District Office - 450 Golden Gate Avenue, San Francisco, CA 94102. National intake 1-800-669-4000. Federal Title VII, ADA, ADEA, and Equal Pay Act charges.
• California Labor Commissioner (DLSE), San Francisco - 455 Golden Gate Avenue, 9th Floor, Suite 9628, San Francisco, CA 94102-7002. Phone (415) 703-5300. Wage theft, overtime, meal and rest violations, and retaliation under California Labor Code section 98.6 and section 1102.5.
• San Francisco Office of Labor Standards Enforcement (OLSE) - City Hall, 1 Dr. Carlton B. Goodlett Place, Room 430, San Francisco, CA 94102. Enforces all SF local ordinances: Minimum Wage, HCSO, PSLO, FFWO, FCO, PPLO, Predictable Scheduling, Lactation, and MCO.
• Cal/OSHA - statewide complaint line (833) 579-0927. Unsafe-working-conditions complaints and whistleblower complaints under California Labor Code section 6310.

Deadlines that matter most

• 6-month government-claim deadline - Cal. Government Code section 911.2. Applies to any claim against the City and County of San Francisco, SFUSD, SFMTA, ZSFG, UCSF (as a UC entity), or any other SF-area public employer.
• 1-year right-to-sue deadline - once CRD issues a right-to-sue notice, Cal. Government Code section 12965 gives 1 year to file the lawsuit.
• 300-day EEOC charge deadline - federal Title VII, ADA, and ADEA charges in California (deferral state) must be filed within 300 days of the discriminatory act; 90 days to file a federal lawsuit after the EEOC right-to-sue notice.
• 3-year wage-claim statute - most unpaid-wage claims under California Labor Code sections 200 et seq. and 1194 et seq. carry a 3-year statute, extendable to 4 under California's Unfair Competition Law (Bus. & Prof. Code section 17200) when applicable.
• 10-year sexual assault statute (or 3 years from discovery) - Cal. Code of Civil Procedure section 340.16. AB 250 opens a 1-year revival window starting January 1, 2026 for certain employment-connected adult sexual assault.

Why San Francisco Workers Choose Eghbali Law Firm

• Employees only

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

• No fee unless we win

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• Free confidential consultation

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• Statewide California practice

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

• Phone or video, no office visit needed

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• Multilingual staff available

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