San Jose Employment Lawyer
California employment-law representation for San Jose workers. Free, confidential consultation. We represent employees only.
San Jose's the biggest city in the Bay Area, and most workers here either work for one of the local tech HQs, one of the hospital systems, the airport, the City, or the County.
You don't need a refresher on California labor law to know something's wrong. You know when you're being ignored, written up after speaking up, denied a break, or pushed out after disclosing a pregnancy. We're an employee-side firm based in California. We take San Jose cases across every industry the city runs on, and we don't charge unless we win.
Visit our San Jose office at 181 Devine St Suite 4, San Jose, CA 95110 or call (408) 834-4320 for a free, confidential consultation.
Why San Jose Workers Need a Lawyer Who Knows the Local Industries
San Jose is the 3rd-largest city in California, the 10th-largest city in the United States, the county seat of Santa Clara County, and the unofficial capital of Silicon Valley. The 2020 census population was 1,013,240. San Jose was incorporated in March 1850 and is a charter city (current charter effective May 1965, as amended). The city operates under a Council-Manager form of government with an at-large directly-elected Mayor and ten council district members. City Hall is at 200 East Santa Clara Street, San Jose, CA 95113, (408) 535-3500. San Jose has its own local minimum-wage ordinance ($18.45/hour effective January 1, 2026 - was $17.95/hour for 2025) and the unique Opportunity to Work Ordinance (effective March 13, 2017) which requires employers with 36 or more employees to offer additional work hours to existing qualified part-time workers before hiring new employees. The San Jose workforce centers on three pillars. First, San Jose is a headquarters city for major Silicon Valley public technology companies including Cisco Systems (NASDAQ: CSCO), Adobe (NASDAQ: ADBE - 345 Park Avenue), eBay (NASDAQ: EBAY - 2025 Hamilton Avenue), PayPal (NASDAQ: PYPL), Western Digital (NASDAQ: WDC - 5601 Great Oaks Parkway), HP Inc. (NYSE: HPQ), and Verifone. Second, healthcare is anchored by the Santa Clara Valley Medical Center (SCVMC) at 751 South Bascom Avenue, San Jose, CA 95128, (408) 885-5000 - a 731-bed (574 acute) county-owned public tertiary teaching hospital affiliated with the Stanford University Medical School. Third, the City of San Jose, Santa Clara County (San Jose is the county seat), and the multiple San Jose school districts (San Jose Unified, East Side Union HSD, Berryessa Union, Alum Rock Union, etc.) are major public employers. None of these protections matter if you do not assert them on time. Public-employer claims (City of San Jose, Santa Clara County, SCVMC, San Jose Unified, East Side Union HSD, SJSU, San Jose-Evergreen CCD) carry a strict 6-month government-claim deadline under Cal. Government Code section 911.2. We file the claim, take it through the agency or court, and recover what you are owed. No fee unless we win.
San Jose Industries Where Employment Violations Are Common
San Jose employment cases tend to cluster in seven industry concentrations. Each carries its own legal framework and its own recurring fact patterns.
Silicon Valley technology - public-company headquarters
San Jose is the headquarters city for many of the most important Silicon Valley public technology companies. Cisco Systems (NASDAQ: CSCO) at 170 West Tasman Drive is a leading global networking equipment company. Adobe (NASDAQ: ADBE) at 345 Park Avenue is a leading software company. eBay (NASDAQ: EBAY) at 2025 Hamilton Avenue and its former subsidiary PayPal (NASDAQ: PYPL) both maintain San Jose headquarters. Western Digital (NASDAQ: WDC) at 5601 Great Oaks Parkway is a leading data-storage technology company with 10,001+ employees. HP Inc. (NYSE: HPQ), Verifone, Calyx Software, and Sage Intacct also operate major San Jose offices. Tech workers are covered by all standard California FEHA, Labor Code, and federal Title VII / ADA / ADEA / FMLA protections. Public-company employees are also protected by Sarbanes-Oxley (18 U.S.C. section 1514A) for accounting/securities fraud whistleblower claims and Dodd-Frank section 922 (15 U.S.C. section 78u-6) for securities-law whistleblower claims and anti-retaliation. Stay-or-pay agreements (training repayment, sign-on bonus clawback, relocation-cost clawback) are void for work performed in San Jose after January 1, 2026 under AB 692 (California Labor Code section 926). Non-competes are void under California Business and Professions Code section 16600 (with AB 1076 and SB 699 making this rule extraterritorial as of January 1, 2024).
Healthcare
The Santa Clara Valley Medical Center (SCVMC) at 751 South Bascom Avenue, San Jose, CA 95128, (408) 885-5000 is a 731-bed (574 acute) county-owned public tertiary teaching hospital affiliated with the Stanford University Medical School - the principal safety-net hospital in Santa Clara County. Other major San Jose healthcare employers include the Kaiser Permanente San Jose Medical Center, Good Samaritan Hospital, Regional Medical Center of San Jose, and O'Connor Hospital. Healthcare workers are covered by SB 525 (California Labor Code sections 1182.14, 1182.15, 1182.16) tiered healthcare-worker minimum-wage schedule, California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation), and California Nurses Association (CNA) / SEIU-UHW collective bargaining agreements. SCVMC employees, as county employees, are subject to the 6-month Government Claims Act deadline.
Higher education and K-12
San Jose State University (SJSU) at 1 Washington Square, San Jose, CA 95192 is the founding campus of the California State University system and a major San Jose employer. SJSU workers are state-of-California employees subject to civil-service rules and CFA collective bargaining. The San Jose-Evergreen Community College District operates San Jose City College and Evergreen Valley College. Multiple K-12 districts serve San Jose: San Jose Unified School District, East Side Union High School District (830 North Capitol Avenue, (408) 347-5000 - one of the largest high school districts in Northern California), Berryessa Union School District, Alum Rock Union School District, Oak Grove School District, and others. 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. Gov. Code section 8547.
Public sector and government
The City of San Jose (200 East Santa Clara Street) and the County of Santa Clara (San Jose is the county seat) are major public employers. The San Jose Police Department (SJPD) and the Santa Clara County Sheriff's Office employ peace officers covered by the Public Safety Officers Procedural Bill of Rights (POBR), Cal. Government Code section 3300 et seq. The Mineta San Jose International Airport (SJC) is owned and operated by the City of San Jose. The Valley Transportation Authority (VTA) operates light rail and bus service.
Retail and consumer services
San Jose's retail centers include Westfield Valley Fair (a super-regional shopping center on the San Jose/Santa Clara border, 1,800,000+ sq ft), Santana Row (Federal Realty's mixed-use district), Westgate Mall, and The Plant San Jose. Fast-food workers at chains with 60 or more national locations earn the $20.00/hour state fast-food minimum wage under AB 1228 (California Labor Code section 1474), which is higher than San Jose's general $18.45/hour minimum.
Hospitality and convention
San Jose's hospitality sector centers on hotels around the San Jose Convention Center (150 West San Carlos Street), the San Jose Marriott, the Hilton San Jose, the Westin San Jose, and dozens of smaller hotels and motels. Hospitality workers are covered by the San Jose Minimum Wage Ordinance and the Opportunity to Work Ordinance (which requires 36+ employee employers to offer additional hours to existing PT workers before hiring new staff). Sexual harassment by hotel guests is covered by FEHA Cal. Gov. Code section 12940(j) (third-party harassment).
Manufacturing and biotech
San Jose hosts numerous manufacturing and biotech operations including Lockheed Martin (in adjacent Sunnyvale), Jabil Circuit, and many semiconductor/electronics manufacturers. Manufacturing workers are covered by Cal/OSHA standards (Cal. Code Regs., tit. 8) and California Labor Code section 6310 (retaliation for safety reporting). Federal contractor workers have additional NDAA section 4712 whistleblower protection (41 U.S.C. section 4712).
San Jose Worker Protections
San Jose has its own local worker-protection ordinances in addition to all state and federal worker protections.
- San Jose minimum wage (2026) - $18.45/hour effective January 1, 2026 (was $17.95/hour for 2025) (San Jose Minimum Wage Ordinance). Higher than the California state minimum of $16.90/hour.
- San Jose Opportunity to Work Ordinance - effective March 13, 2017. Employers with 36 or more employees must offer additional work hours to existing qualified part-time workers before hiring new employees. Stronger than California state law.
- 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 SCVMC, Kaiser, Good Samaritan, Regional Medical Center, and O'Connor Hospital workers.
- California Paid Sick Leave - California Labor Code sections 245-249.
- 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. Directly relevant to large Silicon Valley tech layoffs.
- Public-employer government-claim deadline - Cal. Government Code section 911.2. Claims against the City of San Jose, Santa Clara County, SCVMC, SJSU, San Jose Unified, East Side Union HSD, or SJ-Evergreen CCD 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 San Jose Police Department and Santa Clara County Sheriff officers.
- Hospital-worker whistleblower protection - California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty).
- Sarbanes-Oxley whistleblower (18 U.S.C. section 1514A) and Dodd-Frank section 922 (15 U.S.C. section 78u-6) - directly relevant to public-company employees at Cisco (NASDAQ: CSCO), Adobe (NASDAQ: ADBE), eBay (NASDAQ: EBAY), PayPal (NASDAQ: PYPL), Western Digital (NASDAQ: WDC), and HP Inc. (NYSE: HPQ).
California Law That Applies in San Jose
Most San Jose employment cases are decided under California state law, often combined with San Jose-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.
- Warehouse Quotas Act, California Labor Code sections 2100-2112 (AB 701).
- 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. AB 1076 and SB 699 make this rule extraterritorial as of January 1, 2024.
- Stay-or-pay clauses void, California Labor Code section 926 (AB 692). Effective January 1, 2026. Directly relevant to San Jose tech employer training-repayment and sign-on-bonus clawback agreements.
- 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.
- San Jose Minimum Wage Ordinance.
- San Jose Opportunity to Work Ordinance.
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 Jose 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 Jose
Where and how you file depends on the kind of claim and who the employer is. Call us before any deadline at (408) 834-4320.
Court
Civil employment lawsuits filed by San Jose workers are heard at the Santa Clara County Superior Court, Hall of Justice, 190-200 West Hedding Street, San Jose, CA 95110 (mailing address 191 N. First Street, San Jose, CA 95113), (408) 882-2700. Federal claims are heard at the U.S. District Court for the Northern District of California, San Jose Division, Robert F. Peckham Federal Building and U.S. Courthouse, 280 South 1st Street, San Jose, CA 95113.
State, federal, and local agencies
- City of San Jose Office of Equality Assurance / Labor Compliance Division - enforces San Jose Minimum Wage and Opportunity to Work Ordinances. 200 East Santa Clara Street, San Jose, CA 95113.
- CRD Oakland Office - 1515 Clay Street, Suite 701, Oakland, CA 94612. Statewide intake (800) 884-1684.
- EEOC San Jose Local Office (Santa Clara County jurisdiction) - 96 N. Third Street, Suite 250, San Jose, CA 95112.
- California Labor Commissioner (DLSE) San Jose Office - 224 Airport Parkway, Suite 300, San Jose, CA 95110, (408) 277-1266.
- 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.
Why San Jose 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.
San Jose Office
Address: 181 Devine St Suite 4, San Jose, CA 95110
Phone: (408) 834-4320
Frequently Asked Questions
For work performed inside the City of San Jose, the city minimum wage is $18.45 per hour as of January 1, 2026. That applies to any employee working at least two hours per workweek inside city limits, regardless of immigration status. Salaried "exempt" workers also have a baseline - California's white-collar exemption requires payment of at least 2× the state minimum wage on a salary basis, which is $70,304 per year for 2026 ($16.90 × 2 × 2080). Below that, workers are entitled to overtime under Labor Code section 510 regardless of title or job duties. Misclassification of engineers and lab staff as exempt is a common claim type in tech.
Yes - three of them. The Minimum Wage Ordinance (SJMC Chapter 4.100) sets the city's $18.45/hour minimum. The Opportunity to Work Ordinance (SJMC Chapter 4.101) requires employers with 36+ employees to offer additional hours to existing qualified part-time employees before hiring new staff. The Airport Living Wage Ordinance (SJMC Chapter 25.11) covers concession and contracted workers at SJC at $20.09/hour with health benefits or $21.34/hour without (July 1, 2025 - June 30, 2026). San Jose does not have a Fair Workweek or predictive-scheduling ordinance, so scheduling claims fall back on California state law (reporting-time pay under the IWC Wage Orders). Paid sick leave runs under state law (Labor Code sections 245-249, SB 616), not a separate San Jose ordinance.
Pregnant workers are protected by FEHA (Government Code section 12945 - pregnancy disability leave, up to four months) and federal law including the Pregnant Workers Fairness Act and the PUMP Act (29 U.S.C. section 218d) for lactation accommodation. California also has its own lactation rules under Labor Code sections 1030-1034. CFRA (Government Code section 12945.2) layers another 12 weeks of bonding leave for employers with 5+ employees. Affected workers should document the date the pregnancy was disclosed, who was told, and any change in shifts, assignments, or treatment after that. Then call the firm before any deadline runs.
Yes, but the path depends on the claim. FEHA claims (harassment, discrimination, retaliation under Government Code section 12940) follow the standard CRD timeline - three years to file under Government Code section 12960. Other tort claims against a public entity (for example, a Tameny wrongful-termination claim) require a written government claim within six months under Government Code section 911.2 before suit can be filed. Civil-service employees facing discipline have Skelly due-process rights - notice, the materials being used against them, and a chance to respond before discipline takes effect (Skelly v. State Personnel Board, 1975).
If the discipline started within 90 days of the report, SB 497 creates a rebuttable presumption that the action was retaliation. The burden lands on the employer to prove a legitimate reason, not on the worker to prove a bad one. The underlying statutes have their own deadlines: Labor Code section 1102.5 (whistleblower) is 3 years, FEHA is 3 years to file with CRD, and Labor Code section 98.6 administrative claims are 1 year (AB 1947, eff. Jan 1, 2021). Save every email, every text, every shift change. Print HR's response. Note who knew about the complaint and when the discipline started. Bring all of it to the consultation.
Need a San Jose Employment Lawyer?
Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. The information on this page reflects California law as of 2026 and may change. If you believe your rights have been violated, please consult a licensed California employment attorney to evaluate your specific situation.