# Bryan Schwartz Law, P.C. --- ## Pages - [Test Contact Page](https://www.bryanschwartzlaw.com/test-contact-page/): Address 180 Grand Ave. Suite 1380 Oakland, CA 94612 Call : 888-891-8489 Fax : 510-444-9301 Follow Us FacebookgoogleLinkedin Intake Form - [FAQ](https://www.bryanschwartzlaw.com/faq/): Employees navigating workplace legal matters can discuss their questions and concerns with the Bay Area employment lawyers at Bryan Schwartz Law, P.C. - [Service Areas](https://www.bryanschwartzlaw.com/service-areas/): Top-rated Oakland employment lawyers representing employees in discrimination, harassment, retaliation, and wage disputes. Bryan Schwartz Law delivers strategic advocacy and proven results. - [Erica Posey](https://www.bryanschwartzlaw.com/attorneys/erica-posey/): Erica Posey is part of the team at Bryan Schwartz Law, P.C. She collaborates with our San Francisco employment lawyers to help deliver the outcomes our clients seek. Contact us today. - [Sam Goity](https://www.bryanschwartzlaw.com/attorneys/sam-goity/): At Bryan Schwartz Law, P.C., we are dedicated to defending the rights of employees who have experienced harassment or discrimination in the workplace. Our Bay Area employment specialist is here to assist you in finding a solution for your case. - [Tesla Class Action](https://www.bryanschwartzlaw.com/tesla-class-action/): The Vaughn v. Tesla class action addresses accusations of race discrimination and harassment at Tesla’s Fremont factory. Contact our San Francisco discrimination attorney to assert your rights. - [Meyer, et al. v. Blinken (U.S. Dept. of State) Articles](https://www.bryanschwartzlaw.com/meyer-et-al-v-blinken-u-s-dept-of-state-articles/): Meyer, et al. v. Blinken (U. S. Dept. of State) Articles Legal Settlement Removes Barriers for Disabled Workers & Opens... - [Meyer Settlement](https://www.bryanschwartzlaw.com/meyersettlement/): The Meyer v. Blinken settlement revolutionizes how the State Department handles disability discrimination, providing a $37.5M fund for impacted applicants. Contact our Bay Area discrimination lawyers to learn about your rights. - [Meyer Settlement - Exhibit 2](https://www.bryanschwartzlaw.com/meyersettlement/exhibit-2/): Meyer Settlement: Exhibit 2 - [Meyer Settlement - Exhibit 3](https://www.bryanschwartzlaw.com/meyersettlement/exhibit-3/): Meyer Settlement: Exhibit 3 - [Meyer Settlement - Exhibit 5](https://www.bryanschwartzlaw.com/meyersettlement/exhibit-5/): Meyer Settlement: Exhibit 5 - [Meyer Settlement - Exhibit 6](https://www.bryanschwartzlaw.com/meyersettlement/exhibit-6/): Meyer Settlement: Exhibit 6 - [Meyer Settlement - Exhibit 7](https://www.bryanschwartzlaw.com/meyersettlement/exhibit-7/): Meyer Settlement: Exhibit 7 - [Meyer Settlement - Exhibit 8](https://www.bryanschwartzlaw.com/meyersettlement/exhibit-8/): Meyer Settlement: Exhibit 8 - [Careers](https://www.bryanschwartzlaw.com/careers/): Our Oakland employment lawyers have the knowledge and experience to achieve positive outcomes for their clients. Join the Bryan Schwartz Law, P.C. team today. - [Apply Now](https://www.bryanschwartzlaw.com/apply-now/) - [Renato Flores](https://www.bryanschwartzlaw.com/attorneys/renato-flores/): Renato Flores is a Joseph V. Kaplan Workers' Rights Fellow at Bryan Schwartz Law, P.C.. He works alongside our San Francisco discrimination attorneys to help us achieve the results clients need. Give us a call to get started. - [Resources](https://www.bryanschwartzlaw.com/resources/): The Bay Area federal employee attorneys at Bryan Schwartz Law, P.C. provides various resources to aid our clients in their employment cases. Call today to discuss your situation. - [Contact](https://www.bryanschwartzlaw.com/contact/): Bryan Schwartz Law, P.C. is committed to helping workers receive the compensation they deserve. Contact our San Francisco discrimination lawyer by phone or through our online contact form. - [Harassment](https://www.bryanschwartzlaw.com/practice-areas/harassment/): Discrimination in the workplace can make every day a challenge. If you are unable to focus at work due to intimidation or unfair treatment based on your protected status, reach out to our San Francisco employment lawyers right away. We are here to help. - [Retaliation](https://www.bryanschwartzlaw.com/practice-areas/retaliation/): Discrimination in the workplace can make it hard to focus at work. You might even face discrimination in hiring, wage or promotion decisions, or firing and termination. Yet you may fear retaliation from superiors if you speak up. Don't hesitate to contact our Bay Area wrongful termination attorney for assistance. - [Whistleblower](https://www.bryanschwartzlaw.com/practice-areas/whistleblower/): Whistleblowers may face various consequences for drawing attention to a workplace matter, such as harassment or unequal pay. Protect your rights with our Oakland discrimination attorney. Call now to begin. - [Press](https://www.bryanschwartzlaw.com/press/): If you have been denied a promotion or an equal salary, or feel as if you are being passed over for promotions, contact our attorneys at Bryan Schwartz Law, P.C.. We are San Francisco employment lawyers who can help you achieve true workplace equity. - [Contacto](https://www.bryanschwartzlaw.com/es/contact/): Bryan Schwartz Law, P.C. is committed to helping workers receive the compensation they deserve. Contact our San Francisco discrimination lawyer by phone or through our online contact form. - [Severance](https://www.bryanschwartzlaw.com/practice-areas/severance/): Severance benefits provide certain monetary benefits to those who were fired. If you did not receive your entitled benefits, contact a Bay Area wage & hour lawyer to discuss your options. - [Overtime & Other Wage Issues](https://www.bryanschwartzlaw.com/practice-areas/overtime-other-wage-issues/): Employment discrimination can make every day a challenge. If you feel like you’ve been passed over for promotion or are being placed on frequent performance improvement programs, you might be facing unlawful discrimination. Call our Bay Area employment attorney for assistance. - [Federal Employment](https://www.bryanschwartzlaw.com/practice-areas/federal-employment/): Federal employees may face significant resistance and intimidation when attempting to speak up about their experiences with discrimination in the workplace. Our San Francisco wrongful termination attorney is here to help protect your rights. Call now. - [Reasonable Accommodation](https://www.bryanschwartzlaw.com/practice-areas/reasonable-accommodation/): Individuals with disabilities may request reasonable accommodations at work. If your request was denied, review your case with an Oakland discrimination attorney. - [About](https://www.bryanschwartzlaw.com/es/attorneys/): At Bryan Schwartz Law, P.C., we strive to protect the rights of workers who have faced harassment or discrimination at work. Our Bay Area wrongful termination attorney is committed to helping you find a legal solution to resolve your case. - [Casos Selectos](https://www.bryanschwartzlaw.com/es/casos-selectos/): Meyer, et al. c. Clinton (Departamento de Estado), la Comisión para la Igualdad de Oportunidades en el Empleo de Estados - [Noticias](https://www.bryanschwartzlaw.com/es/noticias/): NOTICIAS La estrategia de arbitraje corporativo fracasa: acuerdo de seis millones de dólares para más de 500 trabajadores 14 de - [Horas Extras y Otros Problemas de Salarios](https://www.bryanschwartzlaw.com/es/practice-areas/overtime-other-wage-issues/): Bay Area Abogados de Horas Extras y Otros Problemas de Salarios Muchos empleados en el lugar de trabajo tienen derecho - [Principio](https://www.bryanschwartzlaw.com/es/principio/): ¿BUSCA AYUDA CON SUS PROBLEMAS EN EL TRABAJO? Solicite una consulta inicial gratuita para que Bryan Schwartz Law, P. C.... - [Prensa](https://www.bryanschwartzlaw.com/es/prensa/): PRENSA “En medio del COVID-19, la seguridad laboral es una lucha constante, dicen los abogados” Daily Journal, 14 de abril - [Empleados Federales](https://www.bryanschwartzlaw.com/es/practice-areas/federal-employment/): Bay Area Abogados de Empleados Federales Los empleados federales tienen derechos especiales. Si usted es un empleado federal y recibe - [Denunciantes](https://www.bryanschwartzlaw.com/es/practice-areas/whistleblower/): Bay Area Abogados de Denunciantes Un denunciante de irregularidades es alguien que defiende lo que él o ella cree que - [Recursos](https://www.bryanschwartzlaw.com/es/recursos/): RECURSOS ENTIDADES ADJUDICATIVAS U. S. Courts Merit Systems Protection Board Equal Employment Opportunity Commission United States Department of Labor California... - [Decisiones Finales Selectas](https://www.bryanschwartzlaw.com/es/decisiones-finales-selectas/): In re Arthur J. Parent, Jr. , 15-bk-10290-CB (C. D. Cal. Bkr. May 11, 2015) (orden donde se sanciona al... - [Represalias](https://www.bryanschwartzlaw.com/es/practice-areas/retaliation/): Bay Area Abogados de Represalias Si usted se queja acerca de la discriminación u otra actividad ilícita, y como resultado, - [Hostigamiento](https://www.bryanschwartzlaw.com/es/practice-areas/harassment/): Bay Area Abogados de Hostigamiento El hostigamiento es una forma de discriminación. Para tener éxito en una queja de acoso, - [Adaptaciones Razonables](https://www.bryanschwartzlaw.com/es/practice-areas/reasonable-accommodation/): Individuals with disabilities may request reasonable accommodations at work. If your request was denied, review your case with an Oakland discrimination attorney. - [Koji - Notice Español](https://www.bryanschwartzlaw.com/es/koji-notice-espanol/): < Back to Koji’s Japan Class Action Settlement Page Turman, et al. v. Koji’s Japan, Inc. , Arthur J. Parent,... - [About](https://www.bryanschwartzlaw.com/attorneys/): At Bryan Schwartz Law, P.C., we strive to protect the rights of workers who have faced harassment or discrimination at work. Our Bay Area wrongful termination attorney is committed to helping you find a legal solution to resolve your case. - [Accessibility Modifications](https://www.bryanschwartzlaw.com/accessibility/): Here is the accessibility modifications page for Bryan Schwartz Law, P.C., your most trusted team of San Francisco employment attorneys. Call our firm today. - [Bryan Schwartz](https://www.bryanschwartzlaw.com/es/attorneys/bryan-schwartz/): Bryan Schwartz Un licenciado inteligente y tenaz, Bryan Schwartz ha representado los intereses de sus clientes ante varios órganosjurídicos, del - [Bryan Schwartz](https://www.bryanschwartzlaw.com/attorneys/bryan-schwartz/): Bryan Schwartz is a seasoned Oakland discrimination attorney representing clients facing complex cases. His experience in litigation and dedication to his clients allows him to strive for the results you need. Call today. - [Discrimination](https://www.bryanschwartzlaw.com/practice-areas/discrimination/): If you feel you are being treated unjustly at work because of your race, gender, national origin, disability, perceived disability, disability record, age, religion, or sexual orientation, you may have a case concerning illegal discrimination. Contact an Oakland employment attorney to discuss your case. - [Discriminación](https://www.bryanschwartzlaw.com/es/practice-areas/discrimination/): Bay Area Abogados de Discriminación Si usted cree que le están tratando injustamente en su lugar de trabajo a causa - [Practice Areas](https://www.bryanschwartzlaw.com/practice-areas/): Bryan Schwartz Law, P.C. serves clients facing a range of employment discrimination cases, including retaliation, federal employees, harassment and more. Contact our Bay Area wage & hour lawyer for legal guidance. - [Results](https://www.bryanschwartzlaw.com/results/): Bryan Schwartz Law, P.C. is a group of experienced San Francisco discrimination lawyers committed to helping our clients through difficult legal situations. Learn about our past cases here. - [News & Events](https://www.bryanschwartzlaw.com/news-events/): Bryan Schwartz Law, P.C. is a team of San Francisco employment lawyers providing updates on recent legal news. We are ready to help employees who are facing discrimination in the workplace. We provide aggressive representation regarding wrongful termination, discrimination and harassment claims. Call today. - [Areas de Práctica](https://www.bryanschwartzlaw.com/es/practice-areas/): Areas de Práctica Ajustes Razonables Denunciantes Discriminación Empleados Federales Hostigamiento Horas Extras/Problemas de Salarios Represalias - [Home](https://www.bryanschwartzlaw.com/): In California, workers are protected by various state and federal laws. Unfortunately, many are mistreated at work due to their identity or protected status. If you have experienced harassment or discrimination at the workplace, call a Bay Area employment attorney right away. Bryan Schwartz Law, P.C. is committed to serving those who have experienced mistreatment at work. We are here to assist you. - [Reviews](https://www.bryanschwartzlaw.com/reviews/): Bryan Schwartz Law, P.C. proudly serves clients as their most trusted Bay Area employment lawyers. View our reviews here. - [Thank You](https://www.bryanschwartzlaw.com/thank-you/): Thank you for reaching out to Bryan Schwartz Law, P.C.. Our San Francisco federal employment lawyers will return your request soon. - [Ajax Form](https://www.bryanschwartzlaw.com/ajax-form/): This page contains the ajax form for Bryan Schwartz Law, P.C.. Our Bay Area employment attorney is here to assist you with your complex legal matter. Call now. - [Home](https://www.bryanschwartzlaw.com/es/): In California, workers are protected by various state and federal laws. Unfortunately, many are mistreated at work due to their identity or protected status. If you have experienced harassment or discrimination at the workplace, call a Bay Area employment attorney right away. Bryan Schwartz Law, P.C. is committed to serving those who have experienced mistreatment at work. We are here to assist you. --- ## Posts - [USDC SDNY: Client Generated AI Documents Not Protected by Attorney-Client Privilege](https://www.bryanschwartzlaw.com/usdc-sdny-client-generated-ai-documents-not-protected-by-attorney-client-privilege/): A recent federal ruling in United States v. Heppner warns that communications with AI platforms may not be protected by attorney-client privilege. Learn why using AI to analyze legal claims could expose sensitive information and what this means for clients navigating litigation. - [California Supreme Court Reaffirms Core Values Protecting Workers: Abusive Arbitration Practices Rejected in Fuentes v. Empire Nissan](https://www.bryanschwartzlaw.com/california-supreme-court-reaffirms-core-values-protecting-workers-abusive-arbitration-practices-rejected-in-fuentes-v-empire-nissan/): The California Supreme Court rejected abusive arbitration practices, reaffirming worker protections in Fuentes v. Empire Nissan. Learn more from our Oakland employment lawyer. - [Tips on Tips! What Your Employer Can and Cannot Do](https://www.bryanschwartzlaw.com/tips-on-tips-what-your-employer-can-and-cannot-do/): Since 1975, employers in California are not allowed to take any part of tips given to employees, or use employees’... - [To Please Trump Administration, Instacart Illegally Violated Employee’s Rights](https://www.bryanschwartzlaw.com/to-please-trump-administration-instacart-illegally-violated-employees-rights/): Instacart illegally violated an employee’s rights to please the Trump Administration. Read the press release from our Oakland employment lawyers. - [Black Workers Set for Race Harassment Jury Trials; Hundreds of Black Workers Sue Tesla for Damages](https://www.bryanschwartzlaw.com/black-workers-set-for-race-harassment-jury-trials-hundreds-of-black-workers-sue-tesla-for-damages/): Emergency stay issued as California courts weigh consolidation of hundreds of race harassment claims against Tesla. Updates on class decertification, upcoming jury trials, and key developments in Vaughn v. Tesla. - [PRESS RELEASE: Bryan Schwartz Law Principal Inducted to College of Labor & Employment Lawyers and Named “Lawyer of the Year”](https://www.bryanschwartzlaw.com/press-release-bryan-schwartz-law-principal-inducted-to-college-of-labor-employment-lawyers-and-named-lawyer-of-the-year/): Bryan Schwartz, founder of Bryan Schwartz Law, is inducted into the College of Labor and Employment Lawyers and named Best Lawyers’ 2026 Lawyer of the Year in Oakland. Learn more about his nationally recognized leadership in employment and civil rights law. - [The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act is Defined Broadly](https://www.bryanschwartzlaw.com/the-ending-forced-arbitration-of-sexual-assault-and-sexual-harassment-act-is-defined-broadly/): The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) allows victims of sexual assault and - [Ignorance of the Law Is No Excuse for Minimum Wage Violations, Says California Supreme Court](https://www.bryanschwartzlaw.com/california-supreme-court-holds-that-ignorance-of-the-law-is-no-excuse-for-minimum-wage-violations/): Recently, in Iloff v. LaPaille (2025) 573 P. 3d 1100, the California Supreme Court decided two notable wage-and-hour law issues,... - [Healthcare Employees Receive Minimum Wage Raises in California](https://www.bryanschwartzlaw.com/healthcare-employees-receive-minimum-wage-raises-in-california/): This summer, the minimum wage increased for healthcare employees working with specific employers in the state, strengthening their earning power... - [Student Summer Work Series: Rising 3L Christina Ochoa Fights Strategically for Workers’ Rights](https://www.bryanschwartzlaw.com/student-summer-work-series-rising-3l-christina-ochoa-fights-strategically-for-workers-rights/): Bay Area Employment update: Rising 3L Christina Ochoa spent her summer at Bryan Schwartz Law, advocating for workers’ rights and gaining hands-on experience. - [Ninth Circuit Court of Appeals Affirms Information Obtained Through Discovery is Presumptively Public](https://www.bryanschwartzlaw.com/ninth-circuit-court-of-appeals-affirms-information-obtained-through-discovery-is-presumptively-public/): Bay Area Employment law firm Bryan Schwartz Law protects worker rights and champions transparency, ensuring discovery information can be used to advocate for employees and improve workplace conditions. - [Harassment Claims Are Hot in California](https://www.bryanschwartzlaw.com/harassment-claims-are-hot-in-california/): Check out our San Francisco Employment Attorney’s article featured in The Daily Journal: ‘Harassment Claims Are Hot in California.’ - [California Court of Appeals Affirms that Secondhand Knowledge is Sufficient to Support a FEHA Harassment Claim](https://www.bryanschwartzlaw.com/california-court-of-appeals-affirms-that-secondhand-knowledge-is-sufficient-to-support-a-feha-harassment-claim/): California Court of Appeals Confirms Secondhand Knowledge Can Support a FEHA Harassment Claim. Contact our Bay Area Employment Attorney to learn how this ruling may affect your case. - [Home Appraisers’ Overtime Lawsuit Transferred From New York to Illinois](https://www.bryanschwartzlaw.com/home-appraisers-overtime-lawsuit-transferred-from-new-york-to-illinois/): An overtime lawsuit against an Arizona-based home appraisal firm has been moved from New York to Illinois. Learn more from Bay Area employment attorneys. - [Supreme Court Uses “Shadow Docket” to Sidestep 90-Year-Old Precedent, Allowing Trump to Fire NLRB and MSPB Members Without Cause–for Now](https://www.bryanschwartzlaw.com/supreme-court-uses-shadow-docket-to-sidestep-90-year-old-precedent-allowing-trump-to-fire-nlrb-and-mspb-members-without-cause-for-now/): The Supreme Court used its “shadow docket” to let Trump fire NLRB and MSPB members without cause, breaking precedent. Contact our Bay Area Discrimination Lawyers to learn more. - [PRESS RELEASE: Christina Ochoa Has Joined Our Firm as a Summer Associate](https://www.bryanschwartzlaw.com/press-release-christina-ochoa-has-joined-our-firm-as-a-summer-associate/): Bryan Schwartz Law, P.C. welcomes Christina Ochoa as a Summer Associate. Learn more about her background and what she brings to our Bay Area employment law team. - [Three Years of the Ending Forced Arbitration Act: Where Things Stand](https://www.bryanschwartzlaw.com/three-years-of-the-ending-forced-arbitration-act-where-things-stand/): Three years after the enactment of the Ending Forced Arbitration Act, here's where things stand—contact our Bay Area employment attorney to learn more. - [California Introduces New AI Anti-Discrimination Bill](https://www.bryanschwartzlaw.com/california-introduces-new-ai-anti-discrimination-bill/): California has introduced a new AI anti-discrimination bill aimed at addressing bias in automated systems. Contact our San Francisco employment attorneys to learn more. - [Federal Employees are Entitled to Reasonable Accommodations Despite the White House’s Push for In-Person Work](https://www.bryanschwartzlaw.com/federal-employees-are-entitled-to-reasonable-accommodations-despite-the-white-houses-push-for-in-person-work/): Federal employees with disabilities have the right to accommodations. If yours were denied, our Bay Area discrimination lawyers can help. Contact Bryan Schwartz Law, P.C. today. - [Under the Shadow of the Trump Administration, New California Laws Offer Hope for Workers](https://www.bryanschwartzlaw.com/under-the-shadow-of-the-trump-administration-new-california-laws-offer-hope-for-workers/): New California laws bring hope for workers in the wake of the Trump Administration. Contact a Bay Area employment attorney to learn more. - [California Lights the Path to Equity with New Intersectionality Law](https://www.bryanschwartzlaw.com/california-lights-the-path-to-equity-with-new-intersectionality-law/): California’s SB 1137 now recognizes intersectionality in discrimination cases, strengthening protections for employees facing bias based on multiple protected traits. Contact our San Francisco employment attorneys today. - [AB 2123 Ends California Employers' Right to Require PTO Before Accessing Paid Family Leave Benefits](https://www.bryanschwartzlaw.com/ab-2123-ends-california-employers-right-to-require-pto-before-accessing-paid-family-leave-benefits/): Recently, Governor Gavin Newsom signed Assembly Bill (AB) 2123, which will take effect on January 1, 2025. This bill will - [High Court Muldrow Opinion Tops 2024's Biggest Bias Rulings](https://www.bryanschwartzlaw.com/high-court-muldrow-opinion-tops-2024s-biggest-bias-rulings/): In 2024, the Supreme Court eased the process for workers to file bias lawsuits over job transfers. Contact our Bay Area employment lawyers to learn more. - [USERRA Provides Important Protections for Veterans](https://www.bryanschwartzlaw.com/userra-provides-important-protections-for-veterans/): This Veterans Day, we honor veterans and their rights under USERRA. For questions, contact our San Francisco employment lawyers Bryan Schwartz Law, P.C. - [Wins for PAGA in 2024 Mean Wins for Workers](https://www.bryanschwartzlaw.com/wins-for-paga-in-2024-mean-wins-for-workers/): Celebrating 20 years, California's Private Attorneys General Act (PAGA) remains a vital tool for workers' rights, enabling employees to enforce labor protections despite arbitration limitations. Discover recent landmark cases and legislative updates that affirm PAGA’s role in workplace justice. Contact our San Francisco employment lawyers to learn more. - [California Supreme Court: One co-worker’s N-word usage may suffice for harassment claim](https://www.bryanschwartzlaw.com/california-supreme-court-one-co-workers-n-word-usage-may-suffice-for-harassment-claim/): (This article was first published in Plaintiff magazine, October 2024 edition) Bailey v. San Francisco District Attorney is a major - [California Superior Court Rejects Discriminatory Employer Challenge to California Civil Rights Department](https://www.bryanschwartzlaw.com/california-superior-court-rejects-discriminatory-employer-challenge-to-california-civil-rights-department/): Unfortunately, too many workers experience horrific discrimination in the workplace, especially at Tesla’s Fremont, California factory. Tesla has cultivated a - [Former Paralegal Returns to BSL as New Associate](https://www.bryanschwartzlaw.com/former-paralegal-returns-to-bsl-as-new-associate/): A former paralegal has returned to Bryan Schwartz Law as a new associate. Contact our Bay Area Civil Rights Attorney today! - [Bryan Schwartz Law Welcomes Sam Goity as a 2024-2025 Joseph V. Kaplan Workers’ Rights Fellow](https://www.bryanschwartzlaw.com/bryan-schwartz-law-welcomes-sam-goity-as-a-2024-2025-joseph-v-kaplan-workers-rights-fellow/): Bryan Schwartz Law is pleased to welcome Sam Goity as the 2024-2025 Joseph V. Kaplan Workers' Rights Fellow. Contact our workers rights lawyers in the Bay Area to learn morer. - [Labor Day Special: Black Workers Poised to Sue Tesla over Racism...](https://www.bryanschwartzlaw.com/labor-day-special-black-workers-poised-to-sue-tesla-over-racism/): 10,000 Black Tesla workers are suing for racial discrimination. Bay Area discrimination attorney Bryan Schwartz discussed the class action lawsuit with Steve Zeltzer. - [Tesla’s Fremont Car Factory: Blockbuster Racism Lawsuit to Go Before a Jury Next Year](https://www.bryanschwartzlaw.com/teslas-fremont-car-factory-blockbuster-racism-lawsuit-to-go-before-a-jury-next-year/): Mercury News | Bay Area News Group | Ethan Baron | August 16, 2024 A blockbuster class-action lawsuit against Tesla - [Tesla Factory Race Bias Class Action to Proceed to Trial in 2025](https://www.bryanschwartzlaw.com/tesla-factory-race-bias-class-action-to-proceed-to-trial-in-2025/): This article covers the upcoming 2025 trial for a class action lawsuit against Tesla, alleging racial discrimination at the Fremont factory. Oakland Wrongful Termination Attorneys are representing Black workers in this case, with implications for other lawsuits against Tesla. - [PRESS RELEASE: Bryan Schwartz Law Principal Recognized as a Top Employment Lawyer](https://www.bryanschwartzlaw.com/press-release-bryan-schwartz-law-principal-recognized-as-a-top-employment-lawyer/): Bryan Schwartz Law principal is honored as a top employment lawyer, showcasing expertise as Northern California Wrongful Termination Lawyers. - [Tesla Can't Duck Workers' PAGA Case Under Anti-SLAPP](https://www.bryanschwartzlaw.com/tesla-cant-duck-workers-paga-case-under-anti-slapp/): California appellate court upholds case against Tesla over personnel records, ruling against anti-SLAPP protection. Contact an Oakland Employment Lawyer to learn more. - [Tesla Loses in Court, Again, for Failing in its Legal Obligations to Workers](https://www.bryanschwartzlaw.com/tesla-loses-in-court-again-for-failing-in-its-legal-obligations-to-workers/): Discover Tesla's recent court loss due to its failure to meet legal obligations to workers, highlighting ongoing issues with employee treatment. Bay Area Employment Attorneys at Bryan Schwartz Law emphasize their commitment to holding corporations accountable for workplace discrimination and employee rights violations. - [California Supreme Court: One Co-Worker N-Word Usage May Suffice for Harassment Claim](https://www.bryanschwartzlaw.com/california-supreme-court-one-co-worker-n-word-usage-may-suffice-for-harassment-claim/): Bailey v. San Francisco District Attorney is a Major Victory for Workers Like Those at Tesla Use of the N-word - [Compromise Stops Effort to Repeal PAGA By Ballot Initiative](https://www.bryanschwartzlaw.com/compromise-stops-effort-to-repeal-paga-by-ballot-initiative/): A major threat to worker protections was defused this week when the California Assembly and Senate approved amendments to the... - [A Second Judge Finds Tesla Workers at Fremont Factory Were Racially Harassed](https://www.bryanschwartzlaw.com/a-second-judge-finds-tesla-workers-at-fremont-factory-were-racially-harassed/): Discover how this ruling exposes Tesla's alleged inaction and the effects of racism within the company and beyond its walls. Contact Oakland Discrimination attorneys if you can relate. - [Tesla's Lawyers Prepare for Class Action Racial Discrimination Suit](https://www.bryanschwartzlaw.com/teslas-lawyers-prepare-for-class-action-racial-discrimination-suit/): A California judge has allowed a class-action lawsuit to proceed, alleging widespread racial discrimination at Tesla's Fremont factory involving nearly 6,000 Black or African American workers. Contact Bay Area Discrimination Attorneys if you are affected. - [Tesla Workers Get Class Status for Some Issues in Race Bias Suit](https://www.bryanschwartzlaw.com/tesla-workers-get-class-status-for-some-issues-in-race-bias-suit/): A California judge ruled that common factual issues in racial discrimination claims against Tesla will be decided in a class - [Tesla Must Face Sweeping Race Bias Class Action](https://www.bryanschwartzlaw.com/tesla-must-face-sweeping-race-bias-class-action/): A California judge's ruling mandates that Tesla face a class action lawsuit by nearly 6,000 Black workers, alleging racial discrimination at its Fremont factory. If you need legal assistance, reach out to our Bay Area discrimination lawyers for support. - [Court Certifies Historic Race Harassment Class Action Against Tesla: Thousands of Black Workers at Fremont, California Factory May Participate](https://www.bryanschwartzlaw.com/court-certifies-historic-race-harassment-class-action-against-tesla-thousands-of-black-workers-at-fremont-california-factory-may-participate/): For Immediate Release: May 20, 2024 Bryan Schwartz, Esq. (510) 444-9300 Larry Organ, Esq. (415) 302-2901 Matthew Helland, Esq. (415) - [A Win for Fairness in the U.S. Supreme Court: Administrative Filing Deadlines are Not Generally Jurisdictional Requirements](https://www.bryanschwartzlaw.com/a-win-for-fairness-in-the-u-s-supreme-court-administrative-filing-deadlines-are-not-generally-jurisdictional-requirements/): The United States Supreme Court, in Harrow v. Department of Defense (2024) 601 U. S. ____, today clarified that very - [FTC Bans Non-Compete Agreements: Restricting Workers’ Freedom Hurts the Public](https://www.bryanschwartzlaw.com/ftc-bans-non-compete-agreements-restricting-workers-freedom-hurts-the-public/): FTC bans restrictive employment agreements, benefiting worker mobility despite business opposition. Call our San Francisco discrimination lawyer if you need help. - [Tesla Workers' Atty Rips Claim Of Influence Over State Agency](https://www.bryanschwartzlaw.com/tesla-workers-atty-rips-claim-of-influence-over-state-agency/): In a recent hearing, Bryan Schwartz, representing 6,000 Black Tesla workers, contested Tesla's assertion that only government agencies could prove discrimination. To learn more, contact our Bay Area discrimination lawyers. - [California Supreme Court Provides Favorable Interpretations on Wage Order Provisions for Construction Workers, in Huerta v. CSI Electrical Contractors](https://www.bryanschwartzlaw.com/california-supreme-court-provides-favorable-interpretations-on-wage-order-provisions-for-construction-workers-in-huerta-v-csi-electrical-contractors/): The California Supreme Court issues favorable interpretations regarding wage order provisions for construction workers in the case of Huerta v. CSI Electrical Contractors. Contact a Bay Area employment lawyer to learn more. - [Ninth Circuit: California Public Injunctions Cannot Be Blocked By Arbitration Agreements](https://www.bryanschwartzlaw.com/ninth-circuit-california-public-injunctions-cannot-be-blocked-by-arbitration-agreements/): Ninth Circuit confirms in McBurnie v. RAC Acceptance East, LLC: Californian plaintiffs can seek public injunctions despite arbitration agreements, safeguarding worker and consumer rights. Our San Francisco discrimination lawyers can help with your case. - [Ninth Circuit Court of Appeals Clarifies Question of Statutory Standing for Workers Bringing Representative Claims under PAGA, in Cooley v. ServiceMaster Company LLC](https://www.bryanschwartzlaw.com/ninth-circuit-court-of-appeals-clarifies-question-of-statutory-standing-for-workers-bringing-representative-claims-under-paga-in-cooley-v-servicemaster-company-llc/): Last week, in Cooley v. ServiceMaster Company LLC, the Ninth Circuit Court of Appeals held that a former employee maintained - [Tesla Faces 5,977 Black Workers in Factory Racism Lawsuit](https://www.bryanschwartzlaw.com/tesla-faces-5977-black-workers-in-factory-racism-lawsuit/): California judge allows 6,000 Black Tesla workers to sue over racism claims. Lawsuit alleges a hostile work environment. Tesla denies wrongdoing. Call our Oakland discrimination attorney for help with your case. - [BRYAN SCHWARTZ LAW CLIENTS DOERING MEYER AND RYAN GIBSON INDUCTED INTO “CLASS ACTION HALL OF FAME”](https://www.bryanschwartzlaw.com/bryan-schwartz-law-clients-doering-meyer-and-ryan-gibson-inducted-into-class-action-hall-of-fame/): Bryan Schwartz Law clients Doering Meyer and Ryan Gibson were inducted into the "Class Action Hall of Fame." Contact a Bay Area employment lawyer for more information. - [Whistleblowing Activity May Not Factor into Negative Employment Actions "Even a Little Bit," Supreme Court Holds](https://www.bryanschwartzlaw.com/whistleblowing-activity-may-not-factor-into-negative-employment-actions-even-a-little-bit-supreme-court-holds/): Sarbanes-Oxley safeguards whistleblowers from corporate backlash. Recent Supreme Court ruling upholds employee rights, crucial for public trust in financial integrity. Call our San Francisco employment lawyer for help. - [Tesla Accused Of 'Scorched Earth' Tactics In Race Bias Suits](https://www.bryanschwartzlaw.com/tesla-accused-of-scorched-earth-tactics-in-race-bias-suits/): Tesla faces allegations of employing aggressive tactics in race bias lawsuits. Contact our Oakland wrongful termination attorneys today to learn more. - [California Supreme Court Holds that Trial Courts Do Not Have Inherent Authority to Strike Down PAGA Claims on Manageability Grounds](https://www.bryanschwartzlaw.com/california-supreme-court-holds-that-trial-courts-do-not-have-inherent-authority-to-strike-down-paga-claims-on-manageability-grounds/): The California Supreme Court has ruled that trial courts lack inherent authority to dismiss PAGA claims based on manageability concerns. Contact an Oakland workplace discrimination attorney to learn more. - [Tesla: UAW seeks to unionize car maker, battle expected with CEO Elon Musk](https://www.bryanschwartzlaw.com/tesla-uaw-seeks-to-unionize-car-maker-battle-expected-with-ceo-elon-musk/): UAW aims to unionize Tesla, anticipates a showdown with CEO Elon Musk. Contact a Bay Area employment attorney. - [Irrelevant Complaints against a Plaintiff Are Inadmissible](https://www.bryanschwartzlaw.com/irrelevant-complaints-against-a-plaintiff-are-inadmissible/): Irrelevant grievances raised against a plaintiff are not admissible. Contact a Bay Area civil rights employment attorney to learn more. - [$1.25M Settlement Approved for Former Mills College Students](https://www.bryanschwartzlaw.com/1-25m-settlement-approved-for-former-mills-college-students/): A judge has signed off on a $1.25M settlement for former Mills College students. Contact a Bay Area civil rights attorney to learn more. - [Veterans Deserve Enforceable Rights, Not the Feres Doctrine](https://www.bryanschwartzlaw.com/veterans-deserve-enforceable-rights-not-the-feres-doctrine/): The Feres doctrine prohibits service members from suing for employment actions unrelated to combat due to "intra-military immunity." Contact our Bay Area discrimination lawyers if you have questions about federal anti-discrimination law. - [Mills College Agrees to $1.25 Million Settlement With Former Students Over Northeastern Takeover](https://www.bryanschwartzlaw.com/mills-college-agrees-to-1-25-million-settlement-with-former-students-over-northeastern-takeover/): Mills College agreed to a $1. 25 million settlement that will be paid as compensatory damages to over 400 of... - [Plaintiffs and Mills College Agree to $1.25 Million Settlement with Former Students](https://www.bryanschwartzlaw.com/plaintiffs-and-mills-college-agree-to-1-25-million-settlement-with-former-students/): Oakland, California, November 7, 2023 — Plaintiffs’ law firms Bryan Schwartz Law, P. C. and Nichols Kaster, LLP announced today... - [SF Chronicle: Mills College, Northeastern Settle Student Suit for $1.25M](https://www.bryanschwartzlaw.com/mills-college-northeastern-settle-student-suit-for-1-25m/): A judge has approved a preliminary settlement of $1. 25 million for over 400 former students of Mills College in... - [Judge Approves $1.25M Settlement for Former Students of Mills College in Oakland](https://www.bryanschwartzlaw.com/judge-approves-settlement-former-mills-college-students/): A $1. 25 settlement has been approved by the Alameda County Superior Court for former students of Mills College in... - [Nichols Kaster LLP](https://www.bryanschwartzlaw.com/nichols-kaster-llp/): Minneapolis & San Francisco Employee & consumer representation A Minnesota-based boutique with a national reach, Nichols Kaster LLP established its - [Why Tesla Isn’t Unionized](https://www.bryanschwartzlaw.com/why-tesla-isnt-unionized/): The U.A.W. sets its sights on Tesla, which is continuing to use tactics against unionizing. Contact an Oakland employment attorney to discuss your employment discrimination case. - [On Visiting Civil Rights Sites, Fighting Terrorism, and Choosing Life](https://www.bryanschwartzlaw.com/on-visiting-civil-rights-sites-fighting-terrorism-and-choosing-life/): I have been a civil rights lawyer for more than 20 years. However, I had never visited the civil rights - [Lawsuit: Peace Corps Denies Assignments Over Outdated Mental Health Concerns](https://www.bryanschwartzlaw.com/lawsuit-peace-corps-denies-assignments-over-outdated-mental-health-concerns/): In a recent class-action complaint, it is alleged that the Peace Corps has relied on fear-based and speculative criteria, neglecting sound medical advice when denying assignments to those with mental health disabilities. If you need assistance with your case, contact our Oakland employment lawyers. - [Bryan Schwartz Law, P.C. Negotiates Historic Policy Change with the Department of State](https://www.bryanschwartzlaw.com/bryan-schwartz-law-p-c-negotiates-historic-policy-change-with-the-department-of-state/): Landmark settlement in Martin v. Blinken case transforms State Department policy, removing barriers for federal workers with disabled family members. Call our Oakland discrimination lawyers if you need help. - [For Tesla and Musk, Auto Strike Carries Benefits and Risks](https://www.bryanschwartzlaw.com/for-tesla-and-musk-auto-strike-carries-benefits-and-risks/): The U.A.W. strike might aid non-union Tesla's focus on technology and pricing, but Mr. Schwartz has filed lawsuits on behalf of Black Tesla employees alleging discrimination in promotions and work assignments. If you are facing discrimination in the workplace, contact our race discrimination attorneys in Bay Area. - [Federal Lawsuit Accuses Tesla of Racial Discrimination](https://www.bryanschwartzlaw.com/federal-lawsuit-accuses-tesla-of-racial-discrimination/): The EEOC has sued Tesla for racial discrimination against Black employees at its California factory. If you're experiencing discrimination in the workplace, reach out to our Bay Area discrimination lawyers. - [Peace Corps Outdated Policies Discriminate Against Volunteers with Mental Health and Other Disabilities for Getting Treatment According to Class Action Lawsuit Filed Today](https://www.bryanschwartzlaw.com/peace-corps-outdated-policies/): Oakland discrimination lawyer Bryan Schwartz challenges Peace Corps' mental health discrimination. Read more here. - [Peace Corps Sued Over Mental Health Policy](https://www.bryanschwartzlaw.com/peace-corps-sued-over-mental-health-policy/): Lawsuit against Peace Corps alleges mental health discrimination. Our Oakland discrimination lawyer advocates change. Get the full story here. - [California Supreme Court Holds that a Third-Party Agent Can Be a FEHA “Employer”](https://www.bryanschwartzlaw.com/california-supreme-court-holds-that-a-third-party-agent-can-be-a-feha-employer/): The California Supreme Court's Raines v. U.S. Healthworks decision expands FEHA liability to business agents involved in discrimination, enhancing worker protections. If you've been discriminated against, call our Bay Area employment lawyers today. - [Francis Santos Hired as Joseph V. Kaplan Workers’ Rights Fellow](https://www.bryanschwartzlaw.com/francis-santos-hired-as-joseph-v-kaplan-workers-rights-fellow/): Bryan Schwartz Law, P.C. welcomes Francis Santos as the firm’s fourth Joseph V. Kaplan Workers’ Rights Fellow. To learn more, contact our Bay Area discrimination lawyers today. - [California Supreme Court Restores Hope of Labor Code Enforcement, in Adolph v. Uber](https://www.bryanschwartzlaw.com/california-supreme-court-restores-hope-of-labor-code-enforcement-in-adolph-v-uber/): This week, the Supreme Court of California restored employees’ right to bring claims of Labor Code violations against their employer - [Employers Must Reimburse Remote Workers for Business Expenses Incurred During Remote Work](https://www.bryanschwartzlaw.com/employers-must-reimburse-remote-workers-for-business-expenses-incurred-during-remote-work/): California’s First District Court of Appeal issued an important decision regarding the reimbursement of business expenses for remote workers on - [The Supreme Court's Affirmative Action Decision is Wrong - Here's Something You Can Do](https://www.bryanschwartzlaw.com/the-supreme-courts-affirmative-action-decision-is-wrong-heres-something-you-can-do/): Bryan Schwartz Law opposes recent Supreme Court rulings in SFFA v. Harvard and SFFA v. UNC. Reach out to our Oakland discrimination attorney today. - [Bay Area: Black workers at Tesla claim lawsuits have not stopped discrimination](https://www.bryanschwartzlaw.com/bay-area-black-workers-at-tesla-claim-lawsuits-have-not-stopped-discrimination/): Black workers at Tesla claim lawsuits have not stopped discrimination. If you believe you've been discriminated against, contact our Bay Area civil rights attorney. - [Tesla: The cars that racism built? Black workers claim lawsuits have not stopped discrimination](https://www.bryanschwartzlaw.com/tesla-the-cars-that-racism-built-black-workers-claim-lawsuits-have-not-stopped-discrimination/): Tesla faces racial discrimination lawsuits by Black workers, blaming CEO Musk for fostering a hostile environment and seeking damages, training, and public acknowledgment. Bay Area discrimination attorney Bryan Schwartz is one of the attorneys on this lawsuit. - [Supreme Court Clarifies Undue Hardship Standard in Religious Accommodation Cases](https://www.bryanschwartzlaw.com/supreme-court-clarifies-undue-hardship-standard-in-religious-accommodation-cases/): Supreme Court ruled employers must meet a substantial burden to deny religious accommodations under Title VII. Learn more here. Call our Bay Area discrimination lawyers to discuss your case. - [Peace Corps Applicants with Mental Health Conditions Face an Uphill Battle](https://www.bryanschwartzlaw.com/peace-corps-applicants-with-mental-health-conditions-face-an-uphill-battle/): The Peace Corps has been criticized for its mental health clearance process, denying some applicants based on their past or present conditions, but the organization is actively reviewing its policies to promote diversity and equity. To learn more, contact our Bay Area employment attorney. - [Black workers at California Tesla factory allege rampant racism, seek class-action status](https://www.bryanschwartzlaw.com/black-workers-at-california-tesla-factory-allege-rampant-racism-seek-class-action-status/): Our own Bryan Schwartz has been featured in dozens of articles regarding the Tesla discrimination lawsuit. Learn more here and call our Bay Area discrimination lawyer to discuss your case with our team. - [Lawsuit Claiming Racism at Tesla Draws Almost 240 Black Workers Saying ‘Me Too’](https://www.bryanschwartzlaw.com/lawsuit-claiming-racism-at-tesla-draws-almost-240-black-workers-saying-me-too/): A Black former assembly line staffer at Tesla is seeking class-action status to expand his 2017 lawsuit, alleging that the company's Fremont factory in California fostered a hostile work environment and a pattern of race discrimination. If you have any additional questions, call our discrimination lawyers in Oakland. - [Elon Musk's Tesla racism lawsuit gains support of 240 black workers saying 'Me Too'](https://www.bryanschwartzlaw.com/elon-musks-tesla-racism-lawsuit-gains-support-of-240-black-workers-saying-me-too/): Former Tesla employee Marcus Vaughn has expanded his 2017 racial discrimination lawsuit against the company by requesting class-action status and the inclusion of nearly 240 other workers. If you believe you've been discriminated against, contact our Bay Area discrimination attorneys. - [Tesla Workers Seek Green Light For Race Bias Class Action](https://www.bryanschwartzlaw.com/tesla-workers-seek-green-light-for-race-bias-class-action/): Black employees at Tesla's Fremont factory have filed a motion for class certification, stating that the company fostered a racist environment, with pervasive racist language, graffiti, and a failure to address the issue. If you believe you've been discriminated against, contact our San Francisco discrimination attorneys. - [Tesla Hit with Black Workers’ Class Certification Motion](https://www.bryanschwartzlaw.com/tesla-hit-with-black-workers-class-certification-motion/): Black workers at Tesla's Fremont factory in Oakland, CA, have filed for class certification in their ongoing class action lawsuit against the automaker, accusing Tesla of widespread race discrimination and harassment. If you have questions, contact our Oakland discrimination attorney today. - [PRESS RELEASE: Isa Velez Has Joined Our Firm as a Summer Associate](https://www.bryanschwartzlaw.com/press-release-isa-velez-has-joined-our-firm-as-a-summer-associate/): Meet our Summer Associate! Visit our website to learn how our San Francisco discrimination lawyers can assist with your employment case. - [Dangers of Tesla's Coercive Arbitration Agreements Denounced by U.S. Senators, Courts](https://www.bryanschwartzlaw.com/dangerous-of-teslas-coercive-arbitration-agreements-denounced-by-u-s-senators-courts/): Earlier this month, seven U. S. Senators wrote to Tesla CEO Elon Musk to detail harms caused by mandatory or... - [FedEx Hit with $2 Million Jury Award to Deaf Worker Claiming San Jose Supervisors Yelled, Spit on Him](https://www.bryanschwartzlaw.com/fedex-hit-with-2-million-jury-award-to-deaf-worker-claiming-san-jose-supervisors-yelled-spit-on-him/): FedEx has been ordered by a jury to pay $2 million to a deaf worker, Younes Mchaar, who claimed that - [Marin Faces Discrimination Suit by Black Deputy Sheriff](https://www.bryanschwartzlaw.com/marin-faces-discrimination-suit-by-black-deputy-sheriff/): Marin County is facing a discrimination lawsuit filed by a Black deputy sheriff. The deputy alleges racial discrimination and a hostile work environment within the Marin County Sheriff's Office. If you believe that you have been discriminated against in the workplace, contact our Bay Area discrimination lawyers today. - [Deaf Former FedEx Worker Wins $2M in Disability Bias Suit](https://www.bryanschwartzlaw.com/deaf-former-fedex-worker-wins-2m-in-disability-bias-suit/): In a lawsuit filed in Santa Clara Superior Court, a former FedEx employee who is deaf was granted a $2 million award by a California jury. The employee alleged that FedEx failed to provide sign language services, resulting in his exclusion from important safety information and meetings. - [Jury Awards Millions To Deaf, Part-time Fedex Package Handler Denied Reasonable Accommodations](https://www.bryanschwartzlaw.com/jury-awards-millions-to-deaf-part-time-fedex-package-handler-denied-reasonable-accommodations/): A Santa Clara County jury awarded $2 million to Younes Mchaar, a deaf former part-time package handler at FedEx Ground, who was repeatedly denied reasonable accommodations at the company's San Jose facility. - [Tesla Can't Get Calif. High Court Review In Race Bias Battle](https://www.bryanschwartzlaw.com/tesla-cant-get-calif-high-court-review-in-race-bias-battle/): California court has denied Tesla's petition for review. Read the full story here. Call our San Francisco discrimination attorney if you need legal help. - [TESLA TACTIC TO STALL PROSECUTION OF RACE DISCRIMINATION, HARASSMENT CLAIMS FAILS AT THE CALIFORNIA SUPREME COURT](https://www.bryanschwartzlaw.com/tesla-tactic-to-stall-prosecution-of-race-discrimination-harassment-claims-fails-at-the-california-supreme-court/): The Supreme Court rejected Tesla’s effort to avoid facing a class action that exposes the race discrimination and harassment that Black workers face every day at Tesla’s plant. Call our Bay Area discrimination lawyer if you need help with your case. - [Workers can seek order requiring Tesla to address racism, state Supreme Court says](https://www.bryanschwartzlaw.com/workers-can-seek-order-requiring-tesla-to-address-racism-state-supreme-court-says/): The California Supreme Court has denied Tesla’s appeal of a lower court ruling that allows Black employees to sue the company for damages. Read more here and call our Oakland discrimination attorney if you need legal help. - [Tesla Race Discrimination Case Skipped by Top State Court](https://www.bryanschwartzlaw.com/tesla-race-discrimination-case-skipped-by-top-state-court/): Read the latest news regarding the Tesla discrimination lawsuit here. Call our San Francisco discrimination lawyer if you believe you have a case. - [State Dept Settlement Lowers Barriers for Foreign Service Applicants with Disabilities](https://www.bryanschwartzlaw.com/state-dept-settlement-lowers-barriers-for-foreign-service-applicants-with-disabilities/): The State Department has made changes to make it easier for people with disabilities to join the Foreign Service. If you need help with your case, contact our Oakland disability discrimination lawyers. - [Restoring PAGA: California Courts Reinforce Common-Sense Worker Protections, Rejecting Employers’ Reliance on US Supreme Court Decision in Viking River](https://www.bryanschwartzlaw.com/restoring-paga-california-courts-reinforce-common-sense-worker-protections-rejecting-employers-reliance-on-us-supreme-court-decision-in-viking-river/): Workers have been responding to a decision by the Supreme Court forcing employees to sacrifice their rights to enforce worker protections in court. Read more here. Call our San Francisco employment attorney if you need help. - [Legal Victory For Disabled Workers](https://www.bryanschwartzlaw.com/legal-victory-for-disabled-workers/): Bryan Schwartz negotiated a groundbreaking legal settlement. If you need assistance with your disability discrimination case in the Bay Area, contact Bryan Schwartz Law, P.C. today. - [People with MS now eligible for US Foreign Service](https://www.bryanschwartzlaw.com/people-with-ms-now-eligible-for-us-foreign-service/): The U.S. Equal Employment Opportunity Commission has approved a class settlement overhauling a decades-old medical clearance system which had led to illegal discrimination in the U.S. Foreign Service against people with mental health conditions or other disabilities. To learn more, contact our discrimination lawyers in the Bay Area. - [Legal Settlement Removes Barriers for Disabled Workers and Opens Worldwide Employment in the US Foreign Service](https://www.bryanschwartzlaw.com/legal-settlement-removes-barriers-for-disabled-workers-and-opens-worldwide-employment-in-the-us-foreign-service/): The EEOC approved a landmark settlement in the Meyer, et al. v. Blinken (Department of State) case, which sets new standards for medical clearance in the US Foreign Service. To learn more, contact our San Francisco discrimination attorney. - [State Department Settles Multimillion Dollar Disability Discrimination Suit](https://www.bryanschwartzlaw.com/state-department-settles-multimillion-dollar-disability-discrimination-suit/): The U.S. Department of State has agreed to pay $37.5 million to settle a class action suit alleging it unfairly denied individuals with disabilities from obtaining Foreign Service jobs. To learn more about the case, call our Oakland discrimination lawyers today. - [Disabled Foreign Service Applicants Win $38M Settlement](https://www.bryanschwartzlaw.com/disabled-foreign-service-applicants-win-38m-settlement/): Our own Bryan Schwartz is featured in this article by Law360 regarding winning a $38 million settlement. Contact our Oakland discrimination attorney to discuss your case. --- ## City-State - [Oakland Retaliation Lawyers](https://www.bryanschwartzlaw.com/citystate/oakland-retaliation-lawyers/): Bryan Schwartz Law, P.C., provides reliable legal representation for workers facing adverse actions. Contact our Oakland retaliation lawyers. - [Bay Area Workplace Harassment Attorneys](https://www.bryanschwartzlaw.com/citystate/bay-area-workplace-harassment-attorneys/): Bryan Schwartz Law, P.C. provides dedicated representation as Bay Area Workplace Harassment Attorneys. We fight to protect your rights and recover damages for unlawful treatment. Contact us today. - [Unlawful Termination Lawyer San Francisco](https://www.bryanschwartzlaw.com/citystate/unlawful-termination-lawyer-san-francisco/): Bryan Schwartz Law, P.C. provides experienced representation for San Francisco unlawful termination cases. If you were fired illegally, contact us to protect your rights and seek justice. - [San Francisco Workplace Retaliation Attorney](https://www.bryanschwartzlaw.com/citystate/san-francisco-workplace-retaliation-attorney/): Bryan Schwartz Law, P.C. represents employees who have been punished for speaking up. Contact our San Francisco workplace retaliation attorney. - [Bay Area Whistleblower Lawyer](https://www.bryanschwartzlaw.com/citystate/bay-area-whistleblower-lawyer/): If you've witnessed fraud or misconduct, our Bay Area whistleblower lawyer at Bryan Schwartz Law, P.C. can help you take action. - [Oakland, CA](https://www.bryanschwartzlaw.com/citystate/oakland-ca/): Discrimination Attorney Employment Lawyer Discrimination Lawyer Wrongful Termination Attorneys Wage and Hour Lawyers Discrimination Lawyer Federal Employee Rights Attorney Discrimination - [San Francisco, CA](https://www.bryanschwartzlaw.com/citystate/san-francisco-ca/): Discrimination Attorney Employment Lawyers Discrimination Lawyers Wage and Hour Attorneys Federal Employee Lawyer Employment Law Attorney Wage and Hour Lawyer - [Discrimination Attorneys for Employees in Northern California ](https://www.bryanschwartzlaw.com/citystate/discrimination-attorneys-for-employees-in-northern-california/): Take a stand against workplace harassment with talented discrimination attorneys for employees in North California. Contact Bryan Schwartz Law, P.C. - [Wage & Hour Attorney Bay Area](https://www.bryanschwartzlaw.com/citystate/wage-hour-attorney-bay-area/): Bryan Schwartz Law, P.C. proudly represents employees facing challenging situations. Protect your rights with our wage & hour attorney in the Bay Area. - [Discrimination Attorney Oakland](https://www.bryanschwartzlaw.com/citystate/discrimination-attorney-oakland/): At Bryan Schwartz Law, P.C., our discrimination attorney in Oakland helps employees fight back against unfair treatment. - [Federal Employee Attorney Bay Area](https://www.bryanschwartzlaw.com/citystate/federal-employee-attorney-bay-area/): Face workplace challenges head-on with a talented federal employment attorney in the Bay Area at Bryan Schwartz Law, P.C. - [Wage & Hour Lawyers Northern California](https://www.bryanschwartzlaw.com/citystate/wage-hour-lawyers-northern-california/): Discover how Bryan Schwartz Law, P.C. helps employees as their wage & hour lawyers in Northern California. - [Wrongful Termination Attorneys Oakland](https://www.bryanschwartzlaw.com/citystate/wrongful-termination-attorneys-oakland/): Wrongful termination is illegal. Understand possible legal recourse with our wrongful termination attorneys in Oakland at Bryan Schwartz Law, P.C. - [Northern California Federal Employee Lawyer](https://www.bryanschwartzlaw.com/citystate/northern-california-federal-employee-lawyer/): Bryan Schwartz Law, P.C. is a leading Northern California federal employee lawyer firm, dedicated to protecting the rights and interests of federal employees facing workplace challenges. - [Bay Area Discrimination Attorney](https://www.bryanschwartzlaw.com/citystate/bay-area-discrimination-attorney/): Bryan Schwartz Law, P.C., your trusted Bay Area discrimination attorney, is committed to fighting for employees' rights and ensuring justice in cases of workplace discrimination. - [Oakland Wage and Hour Lawyers](https://www.bryanschwartzlaw.com/citystate/oakland-wage-and-hour-lawyers/): If you are experiencing wage and hour violations, consulting with Oakland wage and hour lawyers can provide the necessary legal support to reclaim your rights and seek the compensation you deserve. - [Employment Lawyers San Francisco](https://www.bryanschwartzlaw.com/citystate/employment-lawyers-san-francisco/): Bryan Schwartz Law, P.C., a group of employment lawyers in San Francisco, defends employee rights against workplace discrimination and harassment. - [Employment Lawyers Near Me](https://www.bryanschwartzlaw.com/citystate/employment-lawyers-near-me/): Bryan Schwartz Law, P.C., with its team of dedicated local employment lawyers, stands at the forefront of fighting workplace harassment and advocating for employees' rights across the nation. - [Wrongful Termination Lawyers Bay Area](https://www.bryanschwartzlaw.com/citystate/wrongful-termination-lawyers-bay-area/): Bryan Schwartz Law, P.C. is a team of committed wrongful termination lawyers near Bay Area that is focused on defending the rights of employees who have been wrongfully fired from their jobs. - [Wrongful Termination Attorneys Northern California](https://www.bryanschwartzlaw.com/citystate/wrongful-termination-attorneys-northern-california/): Bryan Schwartz Law, P.C. is a dependable legal ally in Northern California, providing experienced and dependable wrongful termination lawyers to support and represent individuals who have been unjustly dismissed from their employment. - [Employment Lawyers Northern California](https://www.bryanschwartzlaw.com/citystate/employment-lawyers-northern-california/): Experienced and dedicated, Bryan Schwartz Law, P.C. is a leading firm of employment lawyers in Northern California that vigorously advocates for victims of workplace discrimination. - [San Francisco Federal Employee Lawyer](https://www.bryanschwartzlaw.com/citystate/san-francisco-federal-employee-lawyer/): Federal employment law is complicated and intricate. Federal employees do not have to navigate perplexing federal employment cases or claims alone. The San Fransisco federal employment lawyers at Bryan Schwartz Law, P.C., can help. - [Oakland Discrimination Lawyer](https://www.bryanschwartzlaw.com/citystate/oakland-discrimination-lawyer/): Don't let workplace misconduct go unchallenged. Reach out to Bryan Schwartz Law, P.C. to take a stand against discrimination. We are more than just Oakland discrimination lawyers; we are committed advocates ready to fight for workplace fairness on your behalf. - [Wage and Hour Lawyer San Francisco](https://www.bryanschwartzlaw.com/citystate/wage-and-hour-lawyer-san-francisco/): Discover how Bryan Schwartz Law, P.C., the renowned wage and hour lawyers in San Francisco, can guide you through wage and hour disputes. Armed with expert knowledge of labor laws, they'll advocate for your rights, ensuring fair compensation and work conditions. - [Bay Area Wage and Hour Attorney](https://www.bryanschwartzlaw.com/citystate/bay-area-wage-and-hour-attorney/): This article outlines the role of a wage and hour attorney in addressing wage disputes, emphasizing the particular advantages of hiring a local Bay Area wage and hour attorney. Bryan Schwartz Law, P.C., with its proven record in handling wage issues, provides a reliable option for employees seeking justice. - [San Francisco Wrongful Termination Attorney](https://www.bryanschwartzlaw.com/citystate/san-francisco-wrongful-termination-attorney/): Some employers violate the law and the rights of employees when they fire someone for an unlawful reason. If this happened to you, speak with a San Francisco wrongful termination attorney. - [Discrimination Lawyer Oakland](https://www.bryanschwartzlaw.com/citystate/discrimination-lawyer-oakland/): Too many employers in the Bay Area engage in unlawful discrimination. If this happens to you, never wait to consult with a discrimination lawyer in Oakland about a possible case. - [Attorney for Federal Employees San Francisco](https://www.bryanschwartzlaw.com/citystate/attorney-for-federal-employees-san-francisco/): If you are looking for an attorney for federal employees in San Francisco, look no further than Bryan Schwartz Law, P.C. We are here to help you protect your rights and get the justice you deserve. - [Oakland Employment Lawyer](https://www.bryanschwartzlaw.com/citystate/oakland-employment-lawyer/): If you have any type of employment law concern, including discrimination or unpaid wages, you should seek a legal case evaluation from an Oakland employment attorney as soon as possible. - [San Francisco Employment Lawyer](https://www.bryanschwartzlaw.com/citystate/san-francisco-employment-lawyer/): Employers can violate the law and the rights of employees in many different ways. If you suspect you might have an employment law concern, consult with a San Francisco employment lawyer. - [Bay Area Employment Lawyer](https://www.bryanschwartzlaw.com/citystate/bay-area-employment-lawyer/): Employers can violate the rights of employees in many ways, and employees can take legal action. Always discuss any concerns you have about your employer with a Bay Area employment lawyer. - [Oakland Federal Employee Rights Attorney](https://www.bryanschwartzlaw.com/citystate/oakland-federal-employee-rights-attorney/): Employment law violations can happen in both the public and private sectors, and federal employees can suffer harm as well. Consult with an Oakland federal employee rights attorney. --- # # Detailed Content ## Pages - Published: 2025-12-22 - Modified: 2026-01-02 - URL: https://www.bryanschwartzlaw.com/test-contact-page/ Address 180 Grand Ave. Suite 1380 Oakland, CA 94612 Call : 888-891-8489 Fax : 510-444-9301 Follow Us FacebookgoogleLinkedin Intake Form Please fill out the following intake form to begin our firm's intake process. After submission we will reach out if further information is needed prior to us making a decision on whether we can assist at this time. --- > Employees navigating workplace legal matters can discuss their questions and concerns with the Bay Area employment lawyers at Bryan Schwartz Law, P.C. - Published: 2025-09-28 - Modified: 2026-04-15 - URL: https://www.bryanschwartzlaw.com/faq/ Frequently Asked Questions --- > Top-rated Oakland employment lawyers representing employees in discrimination, harassment, retaliation, and wage disputes. Bryan Schwartz Law delivers strategic advocacy and proven results. - Published: 2025-09-21 - Modified: 2026-04-15 - URL: https://www.bryanschwartzlaw.com/service-areas/ Areas We Serve Bryan Schwartz Law Proudly Represents Clients Throughout Bay Area, California Alameda County Oakland San Francisco County San Francisco Submit an Inquiry --- > Erica Posey is part of the team at Bryan Schwartz Law, P.C. She collaborates with our San Francisco employment lawyers to help deliver the outcomes our clients seek. Contact us today. - Published: 2024-09-06 - Modified: 2024-12-02 - URL: https://www.bryanschwartzlaw.com/attorneys/erica-posey/ Erica Posey Erica Posey began her legal career at Bryan Schwartz Law in 2014 as a paralegal and discovered a passion for civil rights law. Bryan Schwartz’s zealous advocacy for his clients inspired her to go to law school to follow in his footsteps. Ms. Posey is a proud Golden Bear who majored in Slavic Languages and Literatures and minored in Public Policy at U. C. Berkeley. Prior to law school, she worked on national security and civil liberties policy with the Brennan Center for Justice, where her research focused on Presidential emergency powers reforms and First Amendment freedoms. Ms. Posey graduated from Stanford Law School in 2022. During law school, she interned with the Los Angeles City Attorney’s Office in their affirmative litigation division and returned once more to Bryan Schwartz Law as a law clerk. Following law school, Ms. Posey served as the 2022-2024 Paul H. Tobias Fellow at the National Institute for Workers’ Rights and the National Employment Lawyers’ Association. In this role she worked primarily on developing creative and novel litigation strategies to address emerging employment law topics and supporting the organization’s amicus program. Ms. Posey loves her work and believes everyone else deserves to love their work too. She is thrilled to return to the firm that sparked her initial passion and to continue fighting for workers’ rights in the courtroom and beyond. --- > At Bryan Schwartz Law, P.C., we are dedicated to defending the rights of employees who have experienced harassment or discrimination in the workplace. Our Bay Area employment specialist is here to assist you in finding a solution for your case. - Published: 2024-09-06 - Modified: 2026-03-30 - URL: https://www.bryanschwartzlaw.com/attorneys/sam-goity/ Sam Goity Sam Goity is an Associate Attorney at Bryan Schwartz Law. Mr. Goity joined the firm as a recipient of the Joseph V. Kaplan Workers’ Rights Fellowship. Mr. Goity earned his law degree from the University of California, Berkeley School of Law, where he received Pro Bono Honors, a certificate in Public Interest & Social Justice, and multiple academic awards, including two for written advocacy. While in law school, Mr. Goity served as Editor in Chief of the Berkeley Journal of Employment and Labor Law, the leading journal for employment and labor law scholarship. He also helped direct the Berkeley Law Workers’ Rights Clinic, which offers free information to low-income and unemployed people about their workplace rights. Additionally, both as a union steward and as a leader of the Berkeley Law and Organizing Collective, Mr. Goity advocated for academic student-employees across the University of California system. Prior to law school, Mr. Goity attended Carleton College, where he obtained a bachelor’s degree in English. Mr. Goity recognizes that all too often, the legal system caters to the interests of powerful institutions, allowing the stories of working people to go unheard. He is committed to using the law to help workers tell their stories and achieve justice. --- > The Vaughn v. Tesla class action addresses accusations of race discrimination and harassment at Tesla’s Fremont factory. Contact our San Francisco discrimination attorney to assert your rights. - Published: 2024-08-15 - Modified: 2025-02-13 - URL: https://www.bryanschwartzlaw.com/tesla-class-action/ Tesla Class Action To assert your damages claim, please visit this link and click "I’m Interested! " Vaughn v. Tesla, Inc. (Case Number RG17882082) is a certified class action lawsuit brought by Marcus Vaughn, Titus McCaleb, Monica Chatman, Garret Parker, and Chanel Hendrix, Black former and current employees at the Tesla factory in Fremont, California. The case alleges widespread race discrimination and harassment, including the pervasive use of racially offensive language (like the "N-word") by associates, leads, and supervisors. The lawsuit says that despite its knowledge of such conduct, Tesla has not taken sufficient action to stop the ongoing racism in its factory. The lawsuit seeks to stop the ongoing race discrimination and harassment at Tesla’s Fremont factory, to obtain meaningful compensation for current and former Black employees who were exposed to unlawful race harassment at Tesla, and to punish Tesla for its conduct. Tesla has failed in many attempts to end the case with multiple motions and appeals, and now, after a historic class certification by the court on May 17, 2024, faces a class-wide inquiry as to whether there was a “pattern or practice of pervasive race harassment” at the Fremont factory, whether the company “knew or should have known” about it, and whether the company failed to “take immediate and appropriate corrective action. ” If the plaintiffs are successful on these questions, then the court may issue an injunction to stop Tesla’s racist practices and force it to comply with California’s Fair Employment and Housing Act. All... --- - Published: 2024-02-22 - Modified: 2024-02-22 - URL: https://www.bryanschwartzlaw.com/meyer-et-al-v-blinken-u-s-dept-of-state-articles/ Meyer, et al. v. Blinken (U. S. Dept. of State) Articles Legal Settlement Removes Barriers for Disabled Workers & Opens Worldwide Employment in the US Foreign Service State Dept Settlement Lowers Barriers for Foreign Service Applicants with Disabilities Legal Victory For Disabled Workers People with MS now eligible for US Foreign Service Disabled Foreign Service Applicants Win $38M Settlement State Department Settles Multimillion Dollar Disability Discrimination Suit Legal Settlement Removes Barriers for Disabled Workers and Opens Worldwide Employment in the US Foreign Service State to End Severe Restrictions on Disabled Individuals Entering Foreign Service State Department settles 17-year-old lawsuit over Foreign Service jobs Department of State Reaches Settlement Resolving Longstanding Claims of Disability Discrimination Relating to Its Worldwide Availability Requirement for Career Department of State Foreign Service Applicants A decade later, victory for foreign service workers with disabilities State Dept. agrees to pay $37M to settle disability discrimination lawsuit --- > The Meyer v. Blinken settlement revolutionizes how the State Department handles disability discrimination, providing a $37.5M fund for impacted applicants. Contact our Bay Area discrimination lawyers to learn about your rights. - Published: 2023-01-19 - Modified: 2025-02-13 - URL: https://www.bryanschwartzlaw.com/meyersettlement/ Meyer Settlement The Meyer, et al. v. Blinken (Department of State) case commenced in 2006 and finally settled, after contentious litigation, in December 2022. The settlement is for the following class: All qualified applicants to the Foreign Service beginning on October 7, 2006, who were denied employment, or whose employment was delayed pending application for and receipt of a waiver, because the State Department deemed them not "Worldwide Available" due to their disability. The class was first certified in 2010, and survived two appeals by the Agency in 2014 and 2015. In December 2022, after over a year of steady negotiations, Class Counsel and Class Agents, Doering Meyer and Ryan Gibson, finally reached a settlement with the State Department. This landmark settlement overhauls a medical clearance system in place for decades which Class Agents have alleged led to unlawful disability discrimination. Moreover, the settlement, approved March 17, 2023 by the U. S. Equal Employment Opportunity Commission, will provide new career opportunities for more than 100 formerly-denied career Foreign Service applicants with disabilities, records of disabilities, and perceived disabilities. Finally, this settlement establishes a $37. 5 million fund. "It is apparent that without the tireless efforts of lead Class Counsel Bryan Schwartz, who has worked toward a resolution in this case with no compensation for more than 16 years, this settlement would not have occurred. This case involved complex issues and Class Counsel provided high-quality representation to the class at all stages. Moreover, this case came with risk, as a successful... --- - Published: 2023-01-19 - Modified: 2023-01-20 - URL: https://www.bryanschwartzlaw.com/meyersettlement/exhibit-2/ Meyer Settlement: Exhibit 2 --- - Published: 2023-01-19 - Modified: 2023-01-20 - URL: https://www.bryanschwartzlaw.com/meyersettlement/exhibit-3/ Meyer Settlement: Exhibit 3 --- - Published: 2023-01-19 - Modified: 2023-01-19 - URL: https://www.bryanschwartzlaw.com/meyersettlement/exhibit-5/ Meyer Settlement: Exhibit 5 --- - Published: 2023-01-19 - Modified: 2023-01-19 - URL: https://www.bryanschwartzlaw.com/meyersettlement/exhibit-6/ Meyer Settlement: Exhibit 6 --- - Published: 2023-01-19 - Modified: 2023-01-19 - URL: https://www.bryanschwartzlaw.com/meyersettlement/exhibit-7/ Meyer Settlement: Exhibit 7 --- - Published: 2023-01-19 - Modified: 2023-01-19 - URL: https://www.bryanschwartzlaw.com/meyersettlement/exhibit-8/ Meyer Settlement: Exhibit 8 --- > Our Oakland employment lawyers have the knowledge and experience to achieve positive outcomes for their clients. Join the Bryan Schwartz Law, P.C. team today. - Published: 2022-10-10 - Modified: 2023-10-31 - URL: https://www.bryanschwartzlaw.com/careers/ Bryan Schwartz Law, P.C. | Oakland Employment Lawyers | Employment Law Attorneys in Oakland Tesla Race Harassment Cases- Click Here to Learn About Them × Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact × Contact Us : 888-891-8489 English Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact Search for: ≡Menu Search Search for: Menu News Results Call Careers Home/Careers What Our Clients Say About Us view more Working with Bryan Schwartz Law was a great experience! Everyone involved was respectful, helpful, and clearly cared about us. They were always quick to reply to emails and answered every question I had. Jenny V. Outstanding! I received excellent representation and support from Bryan Schwartz Law firm. My attorney, Samuel Goldsmith, has such a wonderful, comforting manner, while remaining firm and committed to the issue at hand. Everything from intake to resolution was handled very professionally! If you're facing harassment… Deborah Bryan Schwartz is a top-notch lawyer who is truly a master at his craft! I highly recommend him, and his professional team, to anyone in need of an experienced civil rights employment lawyer. Bryan was nothing short of remarkable, a true shark, fiercely defending my… Belinda B. If you’re reading this, you’re probably not... --- - Published: 2022-10-10 - Modified: 2022-10-10 - URL: https://www.bryanschwartzlaw.com/apply-now/ Apply Now | Bryan Schwartz Law, P.C. Tesla Race Harassment Cases- Click Here to Learn About Them × Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact × Contact Us : 888-891-8489 English Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact Search for: ≡Menu Search Search for: Menu News Results Call Apply Now Home/Apply Now Name*Current Address*City*State*Zip Code*Phone Number*Email Address* Position Applying For*Hours of Availability*Education*Work Experience*Current Position*Available Start Date* MM slash DD slash YYYY What will you bring to Bryan Schwartz Law, P.C., P.C. that will help us succeed?*Have you gone by any other names in the last 3 years?*NoYesPlease list name(s) below:*Are you currently bound to a non-compete with your current or past employer?*NoYesPlease upload non-compete agreement here:*Max. file size: 128 MB. Have you ever been discharged by a previous employer?*NoYesIf yes, please explain.*Have you ever been arrested for or convicted of a crime that has not been expunged by a court?*NoYesIf yes, please explain.*Upload ResumeMax. file size: 128 MB. Upload Cover LetterMax. file size: 128 MB. Signature Δ What Our Clients Say About Us view more Working with Bryan Schwartz Law was a great experience! Everyone involved was respectful, helpful, and clearly cared about us. They were always quick to reply... --- > Renato Flores is a Joseph V. Kaplan Workers' Rights Fellow at Bryan Schwartz Law, P.C.. He works alongside our San Francisco discrimination attorneys to help us achieve the results clients need. Give us a call to get started. - Published: 2022-08-17 - Modified: 2026-04-07 - URL: https://www.bryanschwartzlaw.com/attorneys/renato-flores/ Renato Flores Renato Flores is an Associate Attorney at Bryan Schwartz Law, P. C. and previously was the third recipient of the Joseph V. Kaplan Workers’ Rights Fellowship. Mr. Flores received a law degree from the University of San Francisco School of Law with a Labor and Employment Law certificate. While in law school, Mr. Flores served as the Executive Editor of the USF Law Review and was the Vice President of Latinx Law Students Association. He also served as the Co-President of the Labor and Employment Law Students Association. He was a law clerk for Legal Aid at Work, in the community services team, where he advocated for the rights of low-wage workers and represented a client before the California Unemployment Insurance Appeals Board, winning a reversal of an overpayment claim. Mr. Flores also worked as a law clerk for the firm of Outten & Golden, providing legal research to attorneys in California and New York on an array of employment law issues to ensure fair treatment of workers. Mr. Flores served as a judicial extern with Judge Charles E. Wilson II (now Court of Appeal Justice Wilson) in the Santa Clara County Superior Court. Prior to attending law school, Mr. Flores was engaged in supporting low-wage workers as an intern for California Rural Legal Assistance in Watsonville, CA, while obtaining his bachelor’s degree in Legal Studies from UC Santa Cruz. As a first-generation Mexican American, and a native Spanish Speaker, Mr. Flores spoke with many clients dealing with... --- > The Bay Area federal employee attorneys at Bryan Schwartz Law, P.C. provides various resources to aid our clients in their employment cases. Call today to discuss your situation. - Published: 2022-03-15 - Modified: 2025-02-07 - URL: https://www.bryanschwartzlaw.com/resources/ Resources ADJUDICATIVE BODIES U. S. Courts Merit Systems Protection Board Equal Employment Opportunity Commission United States Department of Labor Calfornia Courts California Department of Industrial Relations California Division of Labor Standards Enforcement (DLSE) California Employment Development Department FREE LEGAL RESEARCH Cornell Legal Information Institute REFERRALS Bryan Schwartz Law, P. C. can recommend all of these fine attorneys, law firms, and legal services organizations, who have recently referred cases to this firm: (listed alphabetically) Adams Employment Law AARP Baltodano & Baltodano LLP Berchem, Moses & Devlin, P. C Altshuler Berzon Boxer Gerson Cogburn Law Offices Law Office of Mary Alice Coleman Collier Law Firm Dhillon Law Group Dickson Geesman The Federal Practice Group Gallenberg PC Graham Hollis APC Law Offices of Patrice L. Goldman Employment Law Group Gibbs Law Group Goldstein Borgen Dardarian & Ho Hassell Law Group Hawkins Delafield & Wood LLP Katz, Marshall and Banks Kotchen & Low LLP Law Office of Alexander G. van Broek The Law Offices of Randall Crane Lawless & Lawless Lawyers' Committee for Civil Rights of the SF Bay Area Legal Aid at Work Levy Vinick Burrell & Hyams Lieff Cabraser Heimann & Bernstein Lichten & Liss-Riordan The Luti Law Firm McGuinn, Hillsman & Palefsky Meyer Law Group Miller Clark Calvert & Obenour Minami Tamaki Nichols Kaster Kosinski and Thiagaraj, LLP Outten & Golden Law Offices of Joshua Parkhurst Passman & Kaplan Rudy Exelrod Zieff & Lowe Bohbot & Riles Righetti & Glugoski, P. C. Rukin Hyland Doria & Tindall Sampath Law Firm Sarnoff... --- > Bryan Schwartz Law, P.C. is committed to helping workers receive the compensation they deserve. Contact our San Francisco discrimination lawyer by phone or through our online contact form. - Published: 2022-03-15 - Modified: 2026-03-25 - URL: https://www.bryanschwartzlaw.com/contact/ Address 180 Grand Ave. Suite 1380 Oakland, CA 94612 Call : 888-891-8489 Fax : 510-444-9301 Follow Us FacebookgoogleLinkedin Update March 24, 2026 Our office is currently not accepting new clients for representation given our current caseload and time commitments. We will not be processing new inquiries at this time, but you are welcome to check back in June 2026 to inquire if our firm is accepting new clients. If you have information about a current matter pending with our office or are a class member in one of our pending class actions, please write a message below or call our office at (510) 444-9300. We will not be actively monitoring our intake inbox during this period. --- > Discrimination in the workplace can make every day a challenge. If you are unable to focus at work due to intimidation or unfair treatment based on your protected status, reach out to our San Francisco employment lawyers right away. We are here to help. - Published: 2022-03-15 - Modified: 2025-08-20 - URL: https://www.bryanschwartzlaw.com/practice-areas/harassment/ Bay Area Harassment Attorneys Harassment is a form of discrimination. In order for a harassment claim to be successful, you must show evidence that the harassing behavior or action was based on your gender, national origin, race, age, disability, perceived disability, record of a disability, religion, or sexual orientation, or that the harassment was retaliation for a previous complaint of unlawful activity. Harassment generally occurs in two types: hostile working environment harassment, and quid pro quo harassment. Quid pro quo harassment happens when a manager or supervisor informs a subordinate employee that they will receive favorable treatment in the workplace (or will avoid unfavorable treatment) if the subordinate complies with an improper request – for example, that the boss will not fire you, or might promote you, if you perform sexual favors. The more common type of harassment is hostile working environment harassment. To be successful with this type of claim, you must show that you experienced harassment that was unwelcome and that the conduct was also severe or pervasive (frequent) enough to fundamentally alter your working environment and make it into an abusive workplace. In general, a single remark or isolated incident will not constitute hostile working environment harassment, unless the behavior is so extreme that it shocks the judge or jury – for example, a workplace rape. If you have reason to believe hostile working environment harassment is occurring in your workplace, it is important to use whatever mechanisms your employer has made available to file a complaint... --- > Discrimination in the workplace can make it hard to focus at work. You might even face discrimination in hiring, wage or promotion decisions, or firing and termination. Yet you may fear retaliation from superiors if you speak up. Don't hesitate to contact our Bay Area wrongful termination attorney for assistance. - Published: 2022-03-15 - Modified: 2025-08-20 - URL: https://www.bryanschwartzlaw.com/practice-areas/retaliation/ Bay Area Retaliation Attorneys If you complain about discrimination or about some other unlawful activity, and you suffer some consequence on your job as a result, then you may have a claim of workplace retaliation. To prove retaliation, you do not have to prove that you were correct in your original allegation of discrimination or an unlawful activity – you just have to show that your belief, when you complained, was a reasonable one. Next, you have to show that you complained – usually to a manager other than the one about whom you are complaining. Then, you must show that an action was taken against you – maybe you were fired, or demoted, or your performance evaluation was reduced, or the employer launched an investigation against you, to intimidate you. Unless someone admits they took an action against you because you complained, you will most often prove that the adverse action was retaliation by showing that it occurred within a short period of time after you complained – a few days, weeks, or months, usually. To show that the employer was motivated by a desire to retaliate, you will have to show that the person who took the action against you knew that you complained at the time he or she retaliated. Alternatively, you could show that the person who took the action was merely rubber stamping a retaliatory action suggested by someone who knew of your complaint. Please contact Bryan Schwartz if you believe you were subjected to... --- > Whistleblowers may face various consequences for drawing attention to a workplace matter, such as harassment or unequal pay. Protect your rights with our Oakland discrimination attorney. Call now to begin. - Published: 2022-03-15 - Modified: 2025-08-20 - URL: https://www.bryanschwartzlaw.com/practice-areas/whistleblower/ Bay Area Whistleblower Lawyers A whistleblower is someone who stands up for what he or she reasonably believes is right, and reports fraud, a violation of law, rule, or regulation, or, in some instances, gross waste, gross mismanagement, or abuse of authority. Whistleblowers can be Government employees, or private citizens, depending on the circumstances. Whistleblowers who report false claims by Government contractors that are defrauding the Government of money may sometimes help the Government recover lost funds and keep a portion of this recovery. The Federal statute giving you the right to such recovery is the Federal False Claims Act. Non-governmental employees who report environmental, health, or safety violations, securities regulations violations, or certain other types of unlawful activities, and who suffer some action against them at work for having made a complaint, can file a claim within 30 days at the United States Department of Labor. After an investigation, you can have a hearing with an Administrative Law Judge at the Department and reverse the action against you and recover damages. Among Federal employees, under the Whistleblower Protection Act, a whistleblower is someone who reports fraud, gross waste, gross mismanagement, abuse of authority, or a violation of law, rule, or regulation by a United States Government agency. What you are reporting must be reasonable, but it does not need to be proven true in the end. You must make your complaint known to someone in management other than the wrongdoer. Agencies have Inspectors General (IGs) to receive and investigate... --- > If you have been denied a promotion or an equal salary, or feel as if you are being passed over for promotions, contact our attorneys at Bryan Schwartz Law, P.C.. We are San Francisco employment lawyers who can help you achieve true workplace equity. - Published: 2022-03-15 - Modified: 2025-02-13 - URL: https://www.bryanschwartzlaw.com/press/ Press BRYAN SCHWARTZ LAW IN THE NEWS Black Tesla employees describe a culture of racism: ‘I was at my breaking point’ Los Angeles Times, March 25, 2022 “Tesla’s Worker Discrimination Problem Could Spell Financial Trouble” The Plug, September 3, 2021 ”Black Tesla employee claims he was called the N-word 'approximately 100 times' at its California gigafactory and saw KKK signs and swastikas plastered over the bathroom” Daily Mail, July 7, 2021 ”Black Tesla employee in racism claim at Fremont gigafactory” California News Times, July 7, 2021 “A Tesla factory worker said he was called the N-word '100 times' by coworkers, according to a sworn testimony” Business Insider, July 6, 2021 ”Racist graffiti, 'plantation' jokes and 100 potential lawsuits: Ex-workers say Tesla is still racist” Protocol, July 6, 2021 “Ex-Tesla worker alleges he was called the N-word 100 times by co-workers” NY Post, July 6, 2021 ”Tesla Fremont employees allege widespread racism on the factory floor” Imput Magazine, July 6, 2021 ”Judge OKs $2. 2M settlement in joint employer litigation” Daily Journal, May 28, 2021 “Kaiser Permanente to shell out nearly $19M to settle discrimination lawsuits” MedCity News, April 26, 2021 “Kaiser Permanente settles employee racial discrimination suits for $18. 9M” Fierce Healthcare, April 24, 2021 “Kaiser to pay $18. 9 million to settle pay equity lawsuits by Black and Latino staff” San Francisco Chronicle, April 23, 2021 “Kaiser Inks $7. 4M Deal To Settle Latinx Workers' Bias Suit” Law360, April 23, 2021 “Employee Represented by Nichols Kaster, LLP and Bryan... --- > Bryan Schwartz Law, P.C. is committed to helping workers receive the compensation they deserve. Contact our San Francisco discrimination lawyer by phone or through our online contact form. - Published: 2022-03-15 - Modified: 2026-03-30 - URL: https://www.bryanschwartzlaw.com/es/contact/ Dirección 180 Grand Ave. Suite 1380 Oakland, CA 94612 Llamar : 888-891-8489 Fax : 510-444-9301 Síganos FacebookgoogleLinkedin Actualización: 24 de marzo de 2026 En este momento no estamos aceptando casos nuevos. No vamos a estar revisando nuevas solicitudes por el momento, pero si gusta, contáctenos de nuevo en junio de 2026 para ver si ya tenemos espacio. Si ya tiene un caso con nosotros o es parte de una de nuestras demandas colectivas, por favor déjenos un mensaje aquí abajo o llámenos al (510) 444-9300. No estaremos muy pendientes del correo de 'solicitudes nuevas' durante este tiempo. --- > Severance benefits provide certain monetary benefits to those who were fired. If you did not receive your entitled benefits, contact a Bay Area wage & hour lawyer to discuss your options. - Published: 2022-03-15 - Modified: 2025-08-20 - URL: https://www.bryanschwartzlaw.com/practice-areas/severance/ Bay Area Severance Lawyers Looking for a better way out of a bad situation? Bryan Schwartz Law, P. C. may be able to help you develop and execute a successful exit strategy. For help in getting your severance, contact Bryan Schwartz today. --- > Employment discrimination can make every day a challenge. If you feel like you’ve been passed over for promotion or are being placed on frequent performance improvement programs, you might be facing unlawful discrimination. Call our Bay Area employment attorney for assistance. - Published: 2022-03-15 - Modified: 2026-01-26 - URL: https://www.bryanschwartzlaw.com/practice-areas/overtime-other-wage-issues/ Bay Area Overtime and Wage Issues Lawyer Most employees in the workplace are entitled to overtime pay (1. 5 times the regular pay rate) when they work over 40 hours in a week – and in California, when they work over 8 hours in a day. In California, when you work over 12 hours a day, most employees are entitled to be paid double-time. If your employer has failed to pay you the time you are owed, the employer may owe you liquidated damages – meaning, twice the unpaid wages. In California, if you have already left the employer, and were not paid everything you were owed, then your employer might owe you up to 30 extra days of pay for waiting time penalties. The employer may also owe you penalties in California if your paychecks do not accurately reflect all of your compensation data or other information required. Also, most California full-time workers are entitled to an unpaid - but uninterrupted - 30-minute meal period by the end of five hours' work, and two 10-minute paid rest periods a day – one to be taken during every four hours worked. If you work over 10 hours, most employees are entitled to a second 30-minute meal period. Each day that California employees miss the full meal and rest periods to which they are entitled, they are due premiums, equal to one hour at the employees' regular rate of pay. Some employers have improperly classified their employees as "exempt" from overtime... --- > Federal employees may face significant resistance and intimidation when attempting to speak up about their experiences with discrimination in the workplace. Our San Francisco wrongful termination attorney is here to help protect your rights. Call now. - Published: 2022-03-15 - Modified: 2025-08-20 - URL: https://www.bryanschwartzlaw.com/practice-areas/federal-employment/ Bay Area Federal Employee Lawyers Bryan Schwartz Law, P. C. is one of the few Bay Area-based law firms with extensive experience representing Federal employees in their unique Merit Systems Protection Board and Equal Employment Opportunity Commission complaints. Federal employees have special rights. If you are a Federal employee and you receive a proposed suspension of more than 14 days, a reduction in pay, a demotion, or a removal, you have the right to an oral and written reply to the proposal. If your Agency takes the threatened action, you may appeal it within 30 days to the Merit Systems Protection Board. The Agency must prove its case for the action against you to remain in force. If you have a discrimination complaint, you must contact the EEO counselor at your Agency within 45 days to file an informal complaint. As a Government employee, your employer may violate the U. S. Constitution if it improperly suppresses your right to free speech, or takes away your job without Due Process. You may have concerns about security clearance, disability retirement, or any of the many other unique issues in Federal workplaces. --- > Individuals with disabilities may request reasonable accommodations at work. If your request was denied, review your case with an Oakland discrimination attorney. - Published: 2022-03-15 - Modified: 2025-08-20 - URL: https://www.bryanschwartzlaw.com/practice-areas/reasonable-accommodation/ Bay Area Reasonable Accommodation Attorneys If you suffer from an impairment that substantially limits you in one or more major life activities (some examples are seeing, hearing, walking, breathing, eating, social interaction, taking care of yourself, and having children), then you may be entitled to a reasonable accommodation in your workplace. In general, you must be able to perform the essential functions of your job – with or without a reasonable accommodation. So, if you need help to perform these functions, you should request an accommodation. The accommodation you need must not pose an undue hardship for the employer – for example, if you are a receptionist and an essential function of your job is to greet guests at your workplace, you probably cannot be accommodated by asking to spend most of the workweek working from home. On the other hand, if you perform most of your work from your office on your phone and computer, then working from home as an accommodation might be reasonable. Please contact Bryan Schwartz if you believe you have been denied a reasonable accommodation, or you need a lawyer's advice in requesting one from your employer. Be mindful of your deadline to file a complaint with the U. S. Equal Employment Opportunity Commission and/or, if your situation arose in California, with the California Department of Fair Employment and Housing. If you were retaliated against for blowing the whistle on unlawful activity other than discrimination, then read the Whistleblower section. --- > At Bryan Schwartz Law, P.C., we strive to protect the rights of workers who have faced harassment or discrimination at work. Our Bay Area wrongful termination attorney is committed to helping you find a legal solution to resolve your case. - Published: 2022-03-15 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/es/attorneys/ Attorneys Bryan Schwartz Renato Flores Erica Posey Sam Goity Our Supporting Team Irene Mead Avni Wadhwani Aviva Binder Emmanuel Uyong Grace Wiedl --- - Published: 2022-03-15 - Modified: 2025-03-13 - URL: https://www.bryanschwartzlaw.com/es/casos-selectos/ Meyer, et al. c. Clinton (Departamento de Estado), la Comisión para la Igualdad de Oportunidades en el Empleo de Estados Unidos (EEOC) certificó una demanda colectiva y se les niega una apelación de la decisión de certificación en nombre de todos los solicitantes del servicio exterior con discapacidad contra el Departamento de Estado de EE. UU. El agente de los demandados de clase en la materia, Doering Meyer, es una mujer con esclerosis múltiple (EM) que calificó para una posición de funcionaria del servicio exterior. Después de un riguroso proceso de selección le fue negado el empleo porque su esclerosis múltiple la descalificó automáticamente, bajo directrices del Departamento de Estado impugnadas en la denuncia. Boyd, et al. c. Bank of America, et al. , en la que cientos de tasadores de bienes raíces residenciales ganaron un fallo en un desafío de una demanda colectiva certificada, debido a su clasificación como exentos de tiempo extra. Más de 350 tasadores de revisión han recibido la aprobación preliminar de la corte de un acuerdo de 5. 8 millones $, que también dará lugar a la reclasificación de la posición dentro del Bank of America como no exentos en 2014. Pearson, et al. c. Samsonite Company Stores, Inc. , et al. , en el cual el tribunal federal del Distrito del Norte de California aprobó un acuerdo de una demanda colectiva negociada por Bryan Schwartz Law, P. C. , como resultado se pagó a docenas de empleados nacionalmente casi 1 millón $ (aproximadamente 8,300... --- - Published: 2022-03-15 - Modified: 2025-03-04 - URL: https://www.bryanschwartzlaw.com/es/noticias/ NOTICIAS La estrategia de arbitraje corporativo fracasa: acuerdo de seis millones de dólares para más de 500 trabajadores 14 de abril de 2020, Oakland, CA El Despacho de Bryan Schwartz ha sido Honrado por Super Lawyers Magazine Julio 7, 2015, Oakland, CA El Despacho de Bryan Schwartz Contrata Hanna Luke Edwards como Asociada por el Periodo de Verano en el bufete de Derechos Civiles y Empleo Basado en Oakland Mayo 27, 2015, Oakland, CA El Director de el Despacho de Bryan Schwartz es Reconocido por el Daily Journal como uno de los Mejores Abogados de Ley de Empleo y Labor en California Uno de los solo 75 reconocidos en el Estado Mayo 13, 2015, Oakland, CA Decision Jurídicacontra el Banco de America con Repercusiones en toda la Industria Evaluadores tienen Derecho a Pago de Tiempo Extra, Sostiene la Corte Mayo 7, 2015, Santa Ana, CA El Director del Bufete de Brian Schwartz es Elegido a la Junta Directiva de la Sociedad de Ayuda Legal – Centro de Ley del Empleo Abril 24, 2015, San Francisco, CA La Corte aprueba acuerdo por $5. 8 millones para Reclamos de Sueldo contra el Banco de America para mas de 350 Evaluadores de Revisión Noviembre 20, 2015, Santa Ana, CA El Director del Bufete de Bryan Schwartz es Nombrado “Super Abogado” en el Norte de California por la Revista Super Lawyers Magazine Julio 3, 2014, Oakland, CA Corte Federal Certifica Demanda Colectiva Retando al Banco de America en su Incumplimiento en Pagar Tiempo Extra... --- - Published: 2022-03-15 - Modified: 2022-04-04 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/overtime-other-wage-issues/ Bay Area Abogados de Horas Extras y Otros Problemas de Salarios Muchos empleados en el lugar de trabajo tienen derecho al pago de horas extra (el sueldo normal multiplicado por 1. 5) cuando trabajan más de cuarenta horas a la semana y en California, cuando trabajan por más de ocho horas en un día. En California, cuando usted trabaja más de 12 horas al día, tiene derecho a recibir pagos por doble tiempo. Si su empleador no le ha pagado el tiempo que le debe, es posible que le deba una indemnización por daños y perjuicios, es decir, el doble de los sueldos debidos. En California, si ha dejado el trabajo y el empleador no le pagó todos sus sueldos, es posible que su empleador le debe 30 días extras de sueldo por multas de tiempo de espera. Si sus cheques de sueldo no reflejan correctamente sus datos de compensación u otra información requerida, puede que su empleador le deba multas. Además, la mayoría de empleados de tiempo completo en California tienen derecho a un periodo de 30 minutos para comer al final de 5 horas de trabajo, sin interrupción y sin remuneración, y dos periodos remunerados de 10 minutos de descanso, cada uno debe ser tomado, después de cada cuatro horas de trabajo. Si usted trabaja por más de 10 horas, la mayoría de los empleados tienen el derecho a otro periodo de 30 minutos para comer. Cada día, la mayoría de los empleados en California pierden su pausa... --- - Published: 2022-03-15 - Modified: 2025-03-13 - URL: https://www.bryanschwartzlaw.com/es/principio/ ¿BUSCA AYUDA CON SUS PROBLEMAS EN EL TRABAJO? Solicite una consulta inicial gratuita para que Bryan Schwartz Law, P. C. evalúe su situación. Bryan Schwartz Law, P. C. es un despacho de abogados en Oakland, California que se dedica a ayudar a los empleados a proteger sus derechos en el lugar de trabajo. El abogado Schwartz, quien habla español con fluidez, y su despacho, han luchado para prohibir la discriminación, represalias y hostigamiento. El abogado Schwartz y sus socios han obtenido ajustes razonables para empleados con discapacidad, reivindicando los derechos de los denunciantes de irregularidades y asegurando que las empresas paguen a sus empleados todos los sueldos que se les debe. El despacho ha litigado demandas legales individuales y colectivas a escala nacional, recuperando millones de dólares para miles de empleados y obligando a las empresas y las agencias del gobierno a cambiar sus prácticas, castigando a los infractores. Además, Bryan Schwartz Law, P. C. es uno de los pocos despachos en el área de San Francisco y Oakland, con una amplia experiencia representando a empleados federales en sus denuncias frente al Merit Systems Protection Board (MSBP) y la Comisión para la Igualdad de Oportunidades en el Empleo (EEOC). Por favor explore nuestro sitio web para obtener más información acerca de los servicios que ofrece Bryan Schwartz Law, P. C. . Encuentre los detalles completos acerca de la demanda colectiva, presentada por los solicitantes con discapacidad ante el Foreign Service of the United States Department of State, en nuestro sitio... --- - Published: 2022-03-15 - Modified: 2025-03-04 - URL: https://www.bryanschwartzlaw.com/es/prensa/ PRENSA “En medio del COVID-19, la seguridad laboral es una lucha constante, dicen los abogados” Daily Journal, 14 de abril de 2020 “Tesla acusada de tentar silenciar acusações de racismo” Publico, April 13, 2018 “Perfiles de Los Mejores Abogados de Labor y Empleo de California, Brian Schwartz” Labor & Employment (Supplement to the Los Angeles and San Francisco Daily Journal), June 3, 2015 “Nueva Ola de Demandas contra Co-Empleadores” Profiles of California's Top Labor and Employment Attorneys, Bryan Schwartz Labor & Employment (Supplement to the Los Angeles and San Francisco Daily Journal), June 3, 2015 “Amelia Alvarez Nombrada Segunda Becaria Sanford Heisler Kimpel para Diversidad en el Interés Publico” Legal Aid Society-Employment Law Center, May 22, 2015 “Evaluadores Tienen Derecho a Pago de Tiempo Extra, Sostiene Corte” Working RE, May 20, 2015 “Subsidiario de BoA Clasifico Incorrectamente a Evaluadores como Exentos de Pago de Tiempo Extra, Decide la Corte” Bloomberg BNA, Daily Labor Report, May 13, 2015 “Escuela de Cosmetología Renuncio el Derecho de Arbitrar los Reclamos de Sueldo y Hora de Estudiantes, Decide la Corte” Bloomberg BNA, Daily Labor Report, May 5, 2015 “Juez Federal Niega Moción Tardía para Obligar Arbitraje” Los Angeles Daily Journal, May 4, 2015 “Perspectiva Legal Federal: Certificación de Demanda Colectiva Sostenida en Caso del Servicio Exterior” FEDweek, April 8, 2015 “ Acuerdo Legalpor $75,000 en Caso de Discriminación Religiosa en California” United Sikhs, January 5, 2015 “Decision en FLSA en Corte Superior Acerca de Tareas al Final del Turno de Trabajo le da Nuevas... --- - Published: 2022-03-15 - Modified: 2022-04-04 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/federal-employment/ Bay Area Abogados de Empleados Federales Los empleados federales tienen derechos especiales. Si usted es un empleado federal y recibe un aviso de suspensión de más de 14 días, una reducción de sueldo, una degradación de cargo o un despido, usted tiene derecho a una respuesta oral y escrita de la propuesta. Si su agencia toma una acción en contra suya, usted puede apelar dentro de 30 días ante Merit Systems Protection Board. La agencia tiene que probar su caso, para que la acción permanezca vigente. Si usted tiene una queja de discriminación, debe contactar al consejero de la EEOC en su agencia dentro de 45 días, para presentar una queja informal. Como empleado federal, si su empleador amenaza su derecho a la libertad de expresión o lo despide sin el debido proceso, podría estar transgrediendo la constitución de los Estados Unidos. Tal vez tenga alguna preocupación acerca de una autorización de seguridad, jubilación por discapacidad o cualquiera de los diferentes asuntos exclusivos de los empleados federales. --- - Published: 2022-03-15 - Modified: 2022-04-04 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/whistleblower/ Bay Area Abogados de Denunciantes Un denunciante de irregularidades es alguien que defiende lo que él o ella cree que es justo. Reportando el fraude o algún incumplimiento de la ley, regla o regulación en algunos casos, el desperdicio de fondos, mala gestión o abuso de autoridad. Los denunciantes de irregularidades pueden ser empleados del gobierno o ciudadanos privados, dependiendo de las circunstancias. Los denunciantes de irregularidades que reportan reclamos falsos de contratistas gubernamentales, que están estafando al gobierno, pueden ayudar al gobierno a recuperar fondos perdidos y quedarse con una porción de lo que se recupera. El estatuto federal que provee el derecho a dichas recuperaciones es, el Federal False Claims Act. Los empleados no gubernamentales que denuncian violaciones ambientales, de salud o de seguridad; violaciones de valores financieros o algún otro tipo de actividad ilícita y quienes sufren alguna acción en contra de ellos en el trabajo por presentar una queja, pueden presentar un reclamo dentro de 30 días ante el Departamento del Trabajo de los Estados Unidos. Después de una investigación, usted puede tener una audiencia con un juez de ley administrativa en el departamento y revocar la acción contra usted, además de recuperar daños y perjuicios. Entre empleados federales, bajo el acta de protección de denunciantes de irregularidades, un denunciante es alguien que reporta fraude o un incumplimiento de la ley, regla o regulación. En algunos casos, el desperdicio de recursos, mala gestión, abuso de autoridad o una violación de ley, regla o regulación por parte... --- - Published: 2022-03-15 - Modified: 2025-03-04 - URL: https://www.bryanschwartzlaw.com/es/recursos/ RECURSOS ENTIDADES ADJUDICATIVAS U. S. Courts Merit Systems Protection Board Equal Employment Opportunity Commission United States Department of Labor California Courts California Department of Industrial Relations California Division of Labor Standards Enforcement (DLSE) California Employment Development Department INVESTIGACION LEGAL GRATUITA Cornell Legal Information Institute REFERENCIAS Bryan Schwartz Law, P. C. puede recomendar todos estos excelentes abogados, despachos jurídicos, y organizaciones de servicios legales, quienes han recientemente referido casos a este despacho: (Listados alfabéticamente) Adams Employment Law Baltodano & Baltodano LLP Altshuler Berzon Cogburn Law Offices Law Office of Mary Alice Coleman Collier Law Firm Gallenberg PC Graham Hollis APC Boxer Gerson Law Offices of Patrice L. Goldman Employment Law Group Dickson Geesman Goldstein Borgen Dardarian & Ho Leon Greenberg, Attorney at Law Hoffman Libenson Saunders & Barba Katz, Marshall and Banks The Law Offices of Randall Crane Lawless & Lawless Lawyers' Committee for Civil Rights of the SF Bay Area Legal Aid Society- Employment Law Center Lewis Feinberg Lee Renaker & Jackson Levy Vinick Burrell & Hyams Lieff Cabraser Heimann & Bernstein Lichten & Liss-Riordan The Luti Law Firm McGuinn, Hillsman & Palefsky Miller Clark Calvert & Obenour Minami Tamaki Nichols Kaster Outten & Golden Law Offices of Joshua Parkhurst Passman & Kaplan Rudy Exelrod Zieff & Lowe Righetti & Glugoski, P. C. Rukin Hyland Doria & Tindall Sampath Law Firm Sarnoff + Sarnoff Schonbrun Seplow Harris & Hoffman Shapiro, Shapiro, and Shapiro Shavitz Law Group (Florida) Springer-Sullivan & Roberts Toni Jaramilla Law Offices of Christopher H. Whelan Workers' Counsel... --- - Published: 2022-03-15 - Modified: 2025-03-13 - URL: https://www.bryanschwartzlaw.com/es/decisiones-finales-selectas/ In re Arthur J. Parent, Jr. , 15-bk-10290-CB (C. D. Cal. Bkr. May 11, 2015) (orden donde se sanciona al dueño individual y co-empleador demandado en caso de sueldo/hora por presentar un caso frívolo de bancarrota en el transcurso del juicio en el Tribunal Superior; honorarios completos fueron pagados al Bufete de Brian Schwartz y los abogados conjuntos por el proceso de bancarrota). Boyd, et al. v. Bank of America, et al. , 13-cv-00561-DOC, Dkt. #307 (C. D. Cal. May 6, 2015)(orden otorgando fallo sumario parcial a demandantes sosteniendo que evaluadores de bienes raíces residenciales tienen derecho a pago de tiempo extra, y negando la moción de demandados que buscaba eliminar los reclamos de evaluadores que fueron negados tiempos de descanso y comida, y por multas por leyes de sueldo estatales y federales). Ford, et al. v. Yasuda, et al. , 13-cv-1961 (PSG), Dkt. #101 (April 29, 2015) (orden negando una moción para obligar arbitraje basado en una renuncia, en donde, después de perder la moción para desechar asuntos básicos en el caso, los demandados buscaron primero obligar arbitraje cuando el litigio ya llevaba 17 meses). Lee, et al. v. JPMorgan Chase, et al. , Civ. 13-1511 (JLS), Dkt. #95 (C. D. Cal. April 28, 2015) (orden otorgando aprobación final de acuerdo por 2. 4 millones para evaluadores en la División Comercial de Prestamos de Termino de Chase, incluyendo desagravios prospectivos). Meyer v. Kerry (Dept. of State), EEOC Request No. 0520140506 (February 19, 2015) (orden rehusando a reconsiderar la orden... --- - Published: 2022-03-15 - Modified: 2022-04-04 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/retaliation/ Bay Area Abogados de Represalias Si usted se queja acerca de la discriminación u otra actividad ilícita, y como resultado, sufre alguna consecuencia en el lugar de trabajo, puede ser que tenga una denuncia por represalias en el trabajo. Para demostrar represalias, no tiene que demostrar que tenía razón en su alegación original de discriminación o actividad ilícita, solo tiene que demostrar que su creencia, cuando presentó su queja, era razonable. Después, usted tiene que demostrar que se quejó, usualmente ante un gerente distinto del que se está quejando. Entonces, tiene que demostrar que se tomó alguna acción en contra suya, quizás fue despedido, degradado de su posición o su evaluación de rendimiento fue reducida injustificadamente o el empleador lanzó una investigación contra usted para atemorizarlo. A no ser que alguien admita que se tomó alguna acción en contra suya, porque usted se quejó, tiene que demostrar que la acción fue una represalia, probando que ocurrió poco tiempo después de que usted presentara la queja, usualmente, pocos días, semanas o meses. Para demostrar que el empleador fue motivado por un deseo de tomar represalia, tiene que demostrar que la persona quien tomó la represalia sabía que usted se había quejado. Alternativamente, usted puede demostrar que la persona que tomó la acción, simplemente aprobó una acción de represalia, sugerida por otra persona que sabía de su queja. Por favor, contacte a Bryan Schwartz si usted cree que ha sido sometido a cualquier tipo de discriminación laboral y necesita el consejo de... --- - Published: 2022-03-15 - Modified: 2022-04-04 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/harassment/ Bay Area Abogados de Hostigamiento El hostigamiento es una forma de discriminación. Para tener éxito en una queja de acoso, usted tiene que demostrar que el hostigamiento se basó en su raza, sexo, género, origen nacional, edad, discapacidad o discapacidad percibida, religión, orientación sexual o represalia por una queja previa de actividad ilícita. En general, hay dos tipos de hostigamiento: ambiente de trabajo hostil y «quid pro quo». El acoso «quid pro quo» ocurre cuando un supervisor le dice a un empleado que recibirá tratamiento favorable (o evitará tratamiento desfavorable) si él o ella accede a una solicitud inapropiada. Por ejemplo, el empleador no le despedirá a cambio de favores sexuales. El acoso de ambiente laboral hostil es el más común. Usted debe demostrar que el acoso era indeseado, grave o frecuente y que alteró el ambiente laboral, convirtiéndolo en un entorno de trabajo intimidante u ofensivo. En general, un comentario ofensivo o un incidente aislado no constituye hostigamiento en el ambiente de trabajo, a menos que fuese tan extremo o grave que causaría un gran impacto en el juez o el jurado, por ejemplo, una violación en el lugar de trabajo. Si usted cree que ha sido sometido a un ambiente de trabajo hostil, es importante utilizar cualquier mecanismo de queja que su empleador ha puesto en lugar, para darle al empleador la oportunidad de ponerle un alto. Por favor, contacte a Bryan Schwartz si usted cree que ha sido sometido a cualquier tipo de discriminación laboral y necesita... --- > Individuals with disabilities may request reasonable accommodations at work. If your request was denied, review your case with an Oakland discrimination attorney. - Published: 2022-03-15 - Modified: 2022-04-20 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/reasonable-accommodation/ Abogados de Adaptación Razonable del Área de la Bahía Si sufre un impedimento que lo limita sustancialmente en una o más actividades importantes de la vida (algunos ejemplos son ver, oír, caminar, respirar, comer, interactuar socialmente, cuidar de sí mismo y tener hijos), entonces puede tener derecho a una adaptación razonable en su lugar de trabajo. En general, debe poder realizar las funciones esenciales de su trabajo, con o sin una adaptación razonable. Por lo tanto, si necesita ayuda para realizar estas funciones, debe solicitar una adaptación. La adaptación que necesita no debe representar una dificultad excesiva para el empleador; por ejemplo, si usted es recepcionista y una función esencial de su trabajo es recibir a los invitados en su lugar de trabajo, probablemente no pueda ser acomodado pidiendo pasar la mayor parte de la semana laboral. trabajando desde casa. Por otro lado, si realiza la mayor parte de su trabajo desde su oficina en su teléfono y computadora, entonces trabajar desde casa como una adaptación podría ser razonable. Comuníquese con Bryan Schwartz si cree que se le ha negado una adaptación razonable o si necesita el consejo de un abogado para solicitar una a su empleador. Tenga en cuenta su fecha límite para presentar una queja ante la Comisión de Igualdad de Oportunidades en el Empleo de EE. UU. y/o, si su situación se presentó en California, ante el Departamento de Vivienda y Empleo Justo de California. Si recibió represalias por denunciar una actividad ilegal distinta de la discriminación,... --- - Published: 2022-03-15 - Modified: 2025-03-13 - URL: https://www.bryanschwartzlaw.com/es/koji-notice-espanol/ < Back to Koji’s Japan Class Action Settlement Page Turman, et al. v. Koji’s Japan, Inc. , Arthur J. Parent, Jr. ,Class Notice - Español --- > At Bryan Schwartz Law, P.C., we strive to protect the rights of workers who have faced harassment or discrimination at work. Our Bay Area wrongful termination attorney is committed to helping you find a legal solution to resolve your case. - Published: 2022-03-15 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/attorneys/ Attorneys Bryan Schwartz Renato Flores Sam Goity Erica Posey Our Supporting Team Aviva Binder Irene Mead Emmanuel Uyong Avni Wadhwani Grace Wiedl --- > Here is the accessibility modifications page for Bryan Schwartz Law, P.C., your most trusted team of San Francisco employment attorneys. Call our firm today. - Published: 2022-03-11 - Modified: 2025-02-12 - URL: https://www.bryanschwartzlaw.com/accessibility/ ADA Accessibility Modifications We are continually improving our online services to better meet the needs of all individuals. Providing a barrier-free environment on our website which is accessible to all users is important to us. To this end, we have updated and tested this website and its elements to be compliant with the Web Content Accessibility Guidelines (WCAG) 2. 0 as accepted and published by the World Wide Web Consortium (W3C). This website has been designed to be viewable and navigable by non-graphical text-only browsers. The coding implemented in the site and its elements are compliant with W3C standards for CSS and HTML. All current web browsers should be capable of displaying the site correctly and our developers strive to use code that will also support future browser requirements as the web continues to evolve. In certain situations, due usually to changes to technology, changes to standards, practical limitations or third-party code, complete accessibility, usability, and compatibility may not be immediately available. To address such potential situations and provide a better user experience, this website is periodically audited for compatibility issues and compliance with current standards and guidelines. When issues are reported and remain outstanding, they will be documented in a changelog for visitors to review. This changelog will include a brief description of the issue, the date it was reported as well as an anticipated resolution timeframe. Minor deficiencies that do not impact navigation or site use but cannot be immediately resolved will be included as a courtesy to... --- - Published: 2022-03-03 - Modified: 2026-01-28 - URL: https://www.bryanschwartzlaw.com/es/attorneys/bryan-schwartz/ Bryan Schwartz Un licenciado inteligente y tenaz, Bryan Schwartz ha representado los intereses de sus clientes ante varios órganosjurídicos, del Tribunal de Distrito de los Estados Unidos, a los Tribunales de Apelaciones de los Estados Unidos; de los Tribunales Superiores de California, al Tribunal Superior de California; de la Comisión para la Igualdad de Oportunidades en el Empleo, al Merit Systems Protection Board; delDepartamento del Trabajo de Los Estados Unidos, a arbitraje laboral ante la American Arbitration Association y otras organizaciones. El licenciado Schwartz ha ayudado a muchos clientes agradecidos para que pudieran reanudar sus carreras después de que empleadores inescrupulosos las han descarrilado, obteniendo millones de dólares en recuperaciones para empleados a través del país. Los esfuerzos del licenciado Schwartz en defensa de los delatores de irregularidades y víctimas de discriminación se han publicado a nivel mundial, del The Washington Post al The Wall Street Journal, del National Public Radio al MSNBC, del Voice of America al Hindustani Times de la India. El licenciado Schwartz ha desarrollado una especialización en las denuncias particulares de los empleados federales y ha tomado el liderazgo en casos de demanda colectiva con varios demandantes sobre horas extras y otras violaciones de salario bajo las leyes estatales y federales a través de Los Estados Unidos. Antes de fundar su propio despacho, el licenciado Schwartz dirigió la oficina de Nichols Kaster, LLP en San Francisco, California. Previamente, el licenciado Schwartz ejercía con la oficina de Passman y Kaplan, PC en Washington D. C. y fue... --- > Bryan Schwartz is a seasoned Oakland discrimination attorney representing clients facing complex cases. His experience in litigation and dedication to his clients allows him to strive for the results you need. Call today. - Published: 2022-03-03 - Modified: 2026-04-16 - URL: https://www.bryanschwartzlaw.com/attorneys/bryan-schwartz/ Bryan Schwartz A smart and tenacious litigator, Bryan Schwartz has represented clients' interests before a wide range of adjudicative bodies: from the United States District Court to the United States Courts of Appeals; from California Superior Courts to the California Supreme Court; from the Equal Employment Opportunity Commission to the Merit Systems Protection Board; from the United States Department of Labor to labor arbitration before the American Arbitration Association and other organizations. Mr. Schwartz has helped many grateful clients get their careers back on track after employer wrongdoing derailed them, obtaining tens of millions in recovery for employees across the country. Mr. Schwartz's efforts on behalf of whistleblowers and discrimination victims have been publicized worldwide, from The NY Times to The Washington Post and the Wall Street Journal, from National Public Radio to MSNBC, from Voice of America to India's Hindustani Times. Mr. Schwartz has developed a niche in Federal employees' unique claims and has led multi-plaintiff, class, and collective actions involving overtime and other wage violations under state and federal laws across the country. Before founding his own firm in 2009, Mr. Schwartz led the San Francisco, California, office of Nichols Kaster, LLP. Previously, Mr. Schwartz practiced with the Washington, DC-based firm of Passman & Kaplan, PC, and clerked for the late Hon. Franklin Van Antwerpen, formerly a member of the Third Circuit Court of Appeals and Eastern District of Pennsylvania. Mr. Schwartz is a fellow of the College of Labor & Employment Lawyers, and a member of the... --- > If you feel you are being treated unjustly at work because of your race, gender, national origin, disability, perceived disability, disability record, age, religion, or sexual orientation, you may have a case concerning illegal discrimination. Contact an Oakland employment attorney to discuss your case. - Published: 2022-02-28 - Modified: 2026-01-26 - URL: https://www.bryanschwartzlaw.com/practice-areas/discrimination/ Bay Area Discrimination Attorneys If you believe you are being treated unfairly at work based on your race, national origin, gender, disability, perceived disability, record of a disability, age, religion, or sexual orientation, then you may have a case involving unlawful discrimination. All of these are protected classifications under the Federal statute, Title VII of the Civil Rights Act, and for workers in California, under the state's Fair Employment and Housing Act. Direct evidence of discrimination – which can be rare in today's workplaces – is not needed to prove discrimination. In many cases, creating an inference of discrimination may be enough to prove your claim. This may require showing evidence that you are similarly situated to another employee who received more favorable treatment than you. For example, imagine you and another individual applied for the same job, and you were the more qualified candidate, but the other individual – who is not of your same race, sex, national origin, etc. – was hired. In that case, you may be able to prove discrimination if the employer can not articulate a legitimate, non-discriminatory reason for their hiring decision, or if you are able to show that the employer's stated reason for not hiring you was false. Sometimes, too, a whole group of people – say, people with disabilities, for example – is treated discriminatorily by being denied opportunities in the workplace. In other cases, a job requirement appears to be neutral, but actually impacts disproportionately one group of employees or... --- - Published: 2022-02-28 - Modified: 2022-04-04 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/discrimination/ Bay Area Abogados de Discriminación Si usted cree que le están tratando injustamente en su lugar de trabajo a causa de su raza, sexo, género, origen nacional, edad, religión, orientación sexual o discapacidad, es posible que tenga un caso de discriminación. Todas estas son clasificaciones protegidas bajo el Título VII de la Ley de Derechos Civiles de 1964, y si trabaja en California, bajo el Acta para Igualdad en el Empleo y la Vivienda del estado. Para demostrar discriminación, usted no necesita tener evidencia directa; algo raro en los lugares de trabajo actuales. En general, usted puede demostrar la discriminación si crea una inferencia. Para hacer esto, debe mostrar tratos diferentes hacia usted en comparación a otros empleados con el mismo nivel de calificación. Por ejemplo, imagine que usted y otro individuo solicitaron un trabajo y usted era más calificado, pero el empleador contrató a la otra persona; no de la misma raza, género o origen nacional. En este caso, podría probar discriminación si el empleador no pudiera articular una razón legítima y no discriminatoria para contratar al otro individuo o si usted pudiera demostrar que la razón dada por el empleador fue falsa. A veces, un empleador discrimina contra un grupo de personas, digamos, personas con discapacidades, por ejemplo, son tratadas con discriminación cuando se les niegan oportunidades en el lugar de trabajo. En otros casos, un requisito de trabajo parece neutral, pero en la práctica afecta de manera desproporcionada solo a un grupo de empleados o posibles empleados,... --- > Bryan Schwartz Law, P.C. serves clients facing a range of employment discrimination cases, including retaliation, federal employees, harassment and more. Contact our Bay Area wage & hour lawyer for legal guidance. - Published: 2022-02-04 - Modified: 2025-08-20 - URL: https://www.bryanschwartzlaw.com/practice-areas/ Our Practice Areas Discrimination Retaliation Harassment Reasonable Accommodations Whistleblower Overtime and Wage Issues Federal Employment Severance --- > Bryan Schwartz Law, P.C. is a group of experienced San Francisco discrimination lawyers committed to helping our clients through difficult legal situations. Learn about our past cases here. - Published: 2022-02-04 - Modified: 2024-10-18 - URL: https://www.bryanschwartzlaw.com/results/ Bryan Schwartz Law, P.C. | Oakland Wage & Hour Lawyers | Wage & Hour Attorney Oakland Tesla Race Harassment Cases- Click Here to Learn About Them × Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact × Contact Us : 888-891-8489 English Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact Search for: ≡Menu Search Search for: Menu News Results Call Results & Settlements Home/Results Case ResultsNotable Cases Case Results The experienced Bay Area attorneys at Bryan Schwartz Law works tirelessly to get the best possible case outcomes for clients. The firm holds an extensive record of results, recovering tens of millions of dollars for tens of thousands of employees. Sharonda Taylor et al. v. Tesla, Inc. Sharonda Taylor et al. v. Tesla, Inc. Case No. 23CV028922  Tesla employees involved in a class action lawsuit alleging racial […] Read More $550k PAGA Cordrey et al. v. Mills Cordrey et al. v. Mills Case No. 22CV011159 (Alameda Co.) Bryan Schwartz Law, P.C. and Nichols Kaster, LLP announce that […] Read More $1.25M Misclassification Mchaar v. FedEx Ground Package Systems, Inc. Mchaar v. FedEx Ground Package Systems, Inc. Case No. 20CV366270 (Santa Clara Co.) Bryan Schwartz Law, P.C. and co-counsel Alexander […] Read More $2M Reasonable... --- - Published: 2022-02-04 - Modified: 2022-04-04 - URL: https://www.bryanschwartzlaw.com/es/practice-areas/ Areas de Práctica Ajustes Razonables Denunciantes Discriminación Empleados Federales Hostigamiento Horas Extras/Problemas de Salarios Represalias --- > Bryan Schwartz Law, P.C. proudly serves clients as their most trusted Bay Area employment lawyers. View our reviews here. - Published: 2019-06-14 - Modified: 2025-08-21 - URL: https://www.bryanschwartzlaw.com/reviews/ Bryan Schwartz Law, P.C. | Oakland Wrongful Termination Attorney | Oakland Wrongful Termination Attorneys Tesla Race Harassment Cases- Click Here to Learn About Them × Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact × Contact Us : 888-891-8489 English Profiles Bryan Schwartz Renato Flores Sam Goity Erica Posey Practice Areas Discrimination Federal Employment Harassment Overtime & Other Wage Issues Retaliation Reasonable Accommodation Severance Whistleblower FAQ Results Reviews News & Events Contact Search for: ≡Menu Search Search for: Menu News Results Call Reviews Home/Reviews Jenny V. Working with Bryan Schwartz Law was a great experience! Everyone involved was respectful, helpful, and clearly cared about us. They were always quick to reply to emails and answered every question I had. Deborah Outstanding! I received excellent representation and support from Bryan Schwartz Law firm. My attorney, Samuel Goldsmith, has such a wonderful, comforting manner, while remaining firm and committed to the issue at hand. Everything from intake to resolution was handled very professionally! If you’re facing harassment and/or discrimination on your job, I’d advise to not go it alone, especially if dealing with the Federal Government. This is difficult & tricky to navigate. You are best off getting independent, outside legal counsel that has specialized experience bringing cases against them. Intimidating as it may be, experience and knowledge does help. It also allows you to concentrate on taking care... --- > Thank you for reaching out to Bryan Schwartz Law, P.C.. Our San Francisco federal employment lawyers will return your request soon. - Published: 2019-06-14 - Modified: 2020-01-08 - URL: https://www.bryanschwartzlaw.com/thank-you/ Thanks for contacting us! We will get in touch with you shortly. --- --- ## Posts > A recent federal ruling in United States v. Heppner warns that communications with AI platforms may not be protected by attorney-client privilege. Learn why using AI to analyze legal claims could expose sensitive information and what this means for clients navigating litigation. - Published: 2026-03-31 - Modified: 2026-04-01 - URL: https://www.bryanschwartzlaw.com/usdc-sdny-client-generated-ai-documents-not-protected-by-attorney-client-privilege/ On February 17, 2026, the U. S. District Court of the Southern District of New York found in a first-of-its-kind ruling that written exchanges between a criminal defendant and a generative artificial intelligence (“AI”) platform were not protected from disclosure by attorney-client privilege or attorney work product doctrine. The ruling in United States v. Heppner should give pause to clients who are inclined to turn to AI products to help summarize or understand their legal claims both before and after speaking with attorneys. What happened: United States v. Heppner, Case 1:25-cr-00503-JSR (Dkt. 27, Feb. 17, 2026) Defendant Bradley Heppner was indicted by a grand jury on various counts related to securities fraud on October 28, 2025. When the Federal Bureau of Investigation arrested Heppner on November 4, 2025, they also executed a search warrant at his home where they seized documents and electronic devices. Among the documents seized included approximately 30 documents memorializing interactions between Heppner and the Anthropic AI platform known as “Claude. ” According to Heppner’s counsel, the communications with Claude were generated after Heppner became aware that he was a target of the government investigation that led to his arrest, and after he had received a grand jury subpoena on the matter. Heppner’s counsel argued that the communications with Claude should be considered attorney-client privileged because they were generated in anticipation of a potential indictment, included information that Heppner had learned from communications with his attorney, and were prepared by Heppner for the purpose of speaking with... --- > The California Supreme Court rejected abusive arbitration practices, reaffirming worker protections in Fuentes v. Empire Nissan. Learn more from our Oakland employment lawyer. - Published: 2026-02-16 - Modified: 2026-02-18 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-reaffirms-core-values-protecting-workers-abusive-arbitration-practices-rejected-in-fuentes-v-empire-nissan/ In recent decades, some employers have used fine-print, mandatory, pre-employment arbitration agreements to try to escape all manner of liability for unlawful workplace activities. But this month, California’s Supreme Court once again established that arbitration agreements favored by employers are no more and no less important than other contracts, and cannot be used abusively to strip workers’ basic rights. In Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) 2026 WL 265574 (Case No. S280256), the Supreme Court continued to focus on “mutuality” in arbitration agreements – making sure that employers cannot rely upon agreements for out-of-court arbitration when it suits them but then run to court when those same employers want attention to their own priorities. In Fuentes, and many other cases, the employer had an arbitration clause in its pre-employment paperwork, and it also made the employee, after she was hired, sign confidentiality agreements. While the employer would seek to force arbitration of all the typical claims an employee would bring (like the discrimination claims she raised), the employer’s confidentiality agreements arguably created a one-sided carve-out that allowed the employer to pursue in court the intellectual property claims the company was most likely to bring. (Fuentes, supra, at **7-8. ) The Supreme Court reversed the Court of Appeal and remanded the case to consider whether this created a lack of mutuality that would warrant denying the employer’s motion to compel arbitration altogether. In Fuentes, the document with the arbitration clause was “printed in a very small font and its... --- - Published: 2026-01-20 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/tips-on-tips-what-your-employer-can-and-cannot-do/ Since 1975, employers in California are not allowed to take any part of tips given to employees, or use employees’ tips to offset the employer’s payment of wages to the employee. (Cal. Labor Code § 351; Etheridge v. Reins Int’l. California, Inc. (2009) 172 Cal. App. 4th 908, 916. ) This applies to “any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. ” (Cal. Labor Code § 350. ) This rule applies not only to business owners, but their agents, which generally means managerial employees of the employer. Employees whose employers deprive them of tips may seek to recover their lost tips by legal action. And as of January 1, 2026, the Labor Commissioner is authorized to issue citations to employers who violate the rule. What this rule means in the workplace is not always straightforward. For instance, though an employer is prohibited from taking any part of an employee’s tip, can an employer require employees to pool their tips? What about the rule regarding agents—is an employee who can direct other employees’ work ever entitled to a share of tips? Different arrangements may have different implications for application of the tip rule—for instance, a common tip jar clearly displayed at a counter may be understood as a repository... --- > Instacart illegally violated an employee’s rights to please the Trump Administration. Read the press release from our Oakland employment lawyers. - Published: 2025-12-15 - Modified: 2025-12-15 - URL: https://www.bryanschwartzlaw.com/to-please-trump-administration-instacart-illegally-violated-employees-rights/ Large corporation broke their word and fired a high-performing, pregnant employee for exercising her right to run for office December 15 – If companies are allowed to threaten employees with the loss of their livelihood for exercising the right to run for office, then the voices of all but the richest Americans will be shut out of government. At the same time, since the 2024 elections, there has been a well-documented trend of powerful corporations bending over backwards to curry favor with the Trump Administration. This pattern exceeds normal private sector attempts to maintain relations with officeholders or promote specific policies that benefit their industry. Lisa Vedernikova Khanna, a hard-working Instacart employee with high performance reviews, is an example of the danger millions of Americans face in both of these areas. Khanna, the daughter of an immigrant who lived the American Dream, decided to run for Congress. Even though California law is explicit that employers do not have a say in their employees’ use the fundamental right to run for office, Khanna went above and beyond to ensure that she was being considerate towards Instacart, asking for input from her supervisor and colleagues in other relevant departments about the decision - and being clear that she would not be representing the company in any way, only herself. Instacart told Khanna they supported her decision to run and appreciated her as a colleague; and she moved forward with preparations. But a month later, after Khanna told Instacart that she planned to... --- > Emergency stay issued as California courts weigh consolidation of hundreds of race harassment claims against Tesla. Updates on class decertification, upcoming jury trials, and key developments in Vaughn v. Tesla. - Published: 2025-11-17 - Modified: 2025-11-17 - URL: https://www.bryanschwartzlaw.com/black-workers-set-for-race-harassment-jury-trials-hundreds-of-black-workers-sue-tesla-for-damages/ For Immediate Release: November 17, 2025 Larry Organ, Esq. (415) 302-2901 Bryan Schwartz, Esq. (510) 444-9300 Matthew Helland, Esq. (415) 277-7235 David deRubertis, Esq. (818) 38-5654 Oakland, CA – Late last week, the Court of Appeal issued an emergency stay raising the potential that it will consider whether hundreds of Black Tesla workers can be joined together in suits in the Alameda County Superior Court in Oakland, California. Meanwhile, the Alameda County court indicated it would decertify the class of over 14,000 individuals certified last year in Vaughn, et al. v. Tesla, the lawsuit pending since 2017 challenging severe and pervasive race harassment against Black workers at the auto-maker’s Fremont, California factory, including the abundant use of the N-word. In the same order, Alameda County Superior Court is setting the first five plaintiffs for jury trials between April and July 2026. On May 17, 2024, the Superior Court granted the plaintiffs’ motion to certify the class on three common issues, and ordered that individuals seeking damages would have to file their own suits. Since then, Vaughn plaintiffs’ counsel represent 580 Black workers who have personally sued Tesla for damages, with hundreds more having received the right to sue from California and planning to sue shortly. The Superior Court said that each individual must file separately, but plaintiffs filed a petition with the Court of Appeal, which last week resulted in an emergency stay from the Court of Appeal which may consider whether these workers’ suits can be combined. Tesla sought... --- > Bryan Schwartz, founder of Bryan Schwartz Law, is inducted into the College of Labor and Employment Lawyers and named Best Lawyers’ 2026 Lawyer of the Year in Oakland. Learn more about his nationally recognized leadership in employment and civil rights law. - Published: 2025-11-17 - Modified: 2026-04-09 - URL: https://www.bryanschwartzlaw.com/press-release-bryan-schwartz-law-principal-inducted-to-college-of-labor-employment-lawyers-and-named-lawyer-of-the-year/ Oakland, CA - Bryan Schwartz Law, P. C. is pleased to announce that the firm’s founder, Bryan Schwartz, has been inducted into the prestigious College of Labor and Employment Lawyers (https://theclel. org/), for being an "outstanding professional who has made a sustained contribution to the field" and meeting "standards of integrity, professionalism and character. " Fellows are those who have worked successfully in the field for decades and who have the nominations and support of other leaders in the Bar, drawn from judges, plaintiffs’ counsel, defense counsel, mediators and arbitrators, and academia. Bryan Schwartz was also selected as the 2026 “Lawyer of the Year” for employment law (individuals) in Oakland, by Best Lawyers. His firm was further recognized by the publication as a regional “Tier 1” firm in employment law and litigation. Mr. Schwartz was recognized this year again by SuperLawyers as one of the top 100 attorneys in Northern California, and was selected as one of the top 75 labor and employment attorneys in California by the Daily Journal for the eleventh year in a row. He was included this year in additional top lawyers lists by Forbes and LawDragon. “I appreciate my mentors and the many others who supported my nomination,” Mr. Schwartz said of the College induction. “They have allowed me to have this fulfilling career and have now helped me join this fine group of senior attorneys leading the profession. I hope to continue paying it forward and building the next generation of civil rights lawyers!... --- - Published: 2025-11-03 - Modified: 2025-11-03 - URL: https://www.bryanschwartzlaw.com/the-ending-forced-arbitration-of-sexual-assault-and-sexual-harassment-act-is-defined-broadly/ The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) allows victims of sexual assault and sexual harassment to have their day in court instead of allowing employers to enforce pre-dispute, mandatory arbitration agreements that force victims into private, confidential, often employer-friendly proceedings. Since its signing, California courts continue to grapple with the boundaries of the EFAA and what claims it permits to be excluded from arbitration. California courts have been defining the Act’s protections broadly, as the legislature intended. The EFAA reads, in part, “at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, ... no pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute. ” The Court of Appeal, in Liu v. Miniso Depot CA, Inc. , et al. , found that the EFAA allows a plaintiff to maintain her entire action in court if at least one sexual harassment claim is part of the litigation. The court in Liu found that the use of the phrase “with respect to a case” indicates that Congress intended for the whole litigation to be excluded from mandatory, pre-dispute arbitration, rather than just the claim for sexual harassment, or else Congress would have said “with respect to a claim” instead of “with respect to a case” in the statute’s carve-out. Both... --- - Published: 2025-09-29 - Modified: 2025-09-29 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-holds-that-ignorance-of-the-law-is-no-excuse-for-minimum-wage-violations/ Recently, in Iloff v. LaPaille (2025) 573 P. 3d 1100, the California Supreme Court decided two notable wage-and-hour law issues, including one regarding the “good faith” defense to liquidated damages for minimum wage violations. Under California law, an employer that fails to pay minimum wages is presumptively liable for “liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. ” California Labor Code § 1194. 2(a). The employer can avoid paying liquidated damages only by showing that it had a good-faith, reasonable belief that its conduct complied with the law: the “good faith” defense. See id. § 1194. 2(b). In Iloff, the Supreme Court clarified the parameters of this defense, holding that the employer “must show that it made a reasonable attempt to determine the requirements of the law governing minimum wages; proof that the employer was ignorant of the law is insufficient. ” 573 P. 3d at 1102. Laurance Iloff performed maintenance work on property owned by Bridgeville Properties, Inc. and managed by Cynthia LaPaille (together, “the employers”). The employers allowed Iloff to live rent-free in one of the houses on the property but did not provide him any other compensation for his services. After the employers terminated the agreement, Iloff filed wage claims with the California Labor Commissioner, including for failure to pay minimum wages. The Labor Commissioner rejected the employers’ argument that Iloff was an independent contractor rather than an employee, determining that Iloff was therefore entitled to unpaid wages, liquidated damages, and... --- - Published: 2025-08-18 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/healthcare-employees-receive-minimum-wage-raises-in-california/ This summer, the minimum wage increased for healthcare employees working with specific employers in the state, strengthening their earning power and recognizing the vital work that they perform for society. Effective July 1, 2025, many healthcare workers around California are earning $24. 00/hour. Who Counts as a Healthcare Employee The increase resulted from Senate Bill (SB) 525, which Governor Newsom signed in 2023, and which took effect on October 16, 2024, and which, as of this summer, increased the minimum wage for healthcare employees in California at a wide range of facilities. The definition of a “healthcare employee” under SB 525 is broad, encompassing a wide range of roles and positions that both directly and indirectly provide or assist in the provision of healthcare services and patient care. Examples of covered roles at healthcare facilities include the following: Physicians Janitors Guards Housekeeping staff Groundskeepers Clerical workers Nurses Medical residents, fellows, or interns Caregivers Patient care technicians Non-managerial administrative employees Gift shop employees Schedulers Laundry employees Medical billing and coding personnel Food service employees Call center and warehouse employees Technical and ancillary services employees Which Facilities are Subject to the Increase Covered facilities include many or most of the healthcare workers in the state, including: Covered Health Care Facilities operated by large counties with more than 5 million people as of January 1, 2023: increased from $23. 00/hour to $24. 00/hour Covered Health Care Facilities operated by small counties with fewer than 250,000 people: $18. 00/hour to $18. 63/hour Hospitals or... --- > Bay Area Employment update: Rising 3L Christina Ochoa spent her summer at Bryan Schwartz Law, advocating for workers’ rights and gaining hands-on experience. - Published: 2025-08-18 - Modified: 2025-08-18 - URL: https://www.bryanschwartzlaw.com/student-summer-work-series-rising-3l-christina-ochoa-fights-strategically-for-workers-rights/ Rising 3L Christina Ochoa spent her summer as a law clerk at Bryan Schwartz Law, P. C. , where she passionately fought for workers' rights. From drafting motions to attending mediations, Christina gained hands-on experience advocating for those facing discrimination and injustice. Her dedication to social justice and creative advocacy continues to inspire as she prepares for her final year at UC Berkeley Law. Read the full article here. --- > Bay Area Employment law firm Bryan Schwartz Law protects worker rights and champions transparency, ensuring discovery information can be used to advocate for employees and improve workplace conditions. - Published: 2025-08-08 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/ninth-circuit-court-of-appeals-affirms-information-obtained-through-discovery-is-presumptively-public/ Recently, the Ninth Circuit reaffirmed that information and documents obtained in discovery are presumptively public. In Cordero v. Stemilt AG Services, LLC, 142 F. 4th 1201 (9th Cir. July 10, 2025), the Ninth Circuit vacated a blanket protective order issued by the District Court against Columbia Legal Services in Gomez v. Stemilt AG Services, 2021 WL 9145038. Columbia Legal Services brought a class action in Gomez on behalf of 1,100 H-2A farm workers who alleged Stemilt violated the federal Trafficking Victims Protection Act when they changed the H-2A contract. The new contract required workers to pick a certain number of apple bins a day, and if the workers failed to do so, Stemilt would threaten to deport them and blacklist them from future employment in the US. The litigation in Gomez involved numerous discovery disputes resulting in two protective orders. The first regarded records from the Washington State Employment Security Division. Stemilt sought a universal protective order, but the court adopted the plaintiffs’ narrower proposed order protecting only addresses, medical records, dates of birth, telephone numbers, and Social Security numbers. The second order concerned Stemilt’s financial and employment records, to which Stemilt sought a universal protective order, asserting that Columbia Legal Services might seek to use the information outside of the action. According to Stemilt, Columbia had used Stemilt’s payroll data in another lawsuit to advocate for higher wages in Washington H-2A contracts. While again the court adopted the plaintiffs’ more narrow proposed order, the court concluded that Columbia should... --- > Check out our San Francisco Employment Attorney’s article featured in The Daily Journal: ‘Harassment Claims Are Hot in California.’ - Published: 2025-07-30 - Modified: 2025-08-22 - URL: https://www.bryanschwartzlaw.com/harassment-claims-are-hot-in-california/ Daily Journal --- > California Court of Appeals Confirms Secondhand Knowledge Can Support a FEHA Harassment Claim. Contact our Bay Area Employment Attorney to learn how this ruling may affect your case. - Published: 2025-06-09 - Modified: 2025-06-11 - URL: https://www.bryanschwartzlaw.com/california-court-of-appeals-affirms-that-secondhand-knowledge-is-sufficient-to-support-a-feha-harassment-claim/ Recently, in Carranza v. City of Los Angeles, 2025 WL 1482443, the California Court of Appeals certified for partial publication its ruling that even “secondhand knowledge,” or a “chain of interpersonal interactions,” can be sufficient to support a California Fair Employment and Housing Act (FEHA) finding of “severe or pervasive harassment that altered the conditions of workplace. ” In Carranza v. City of Los Angeles, the Plaintiff Lillian Carranza, a captain in the Los Angeles Police Department (LAPD or Department) sued the City of Los Angeles for hostile work environment due to sexual harassment under California’s Fair Employment and Housing Act (“FEHA”). In November 2018, Carranza received a phone call while on vacation informing her that a nude photo resembling her “was circulating” within the LAPD and she received a copy. The image in question was a topless photo of a woman who had facial features similar to Carranza’s and was pursing her lips. Carranza immediately filed a complaint, cut her vacation short, and flew home. When LAPD conducted an internal investigation, Carranza told the investigator assigned to her case that she wanted LAPD to find the source of the photo and asked that LAPD Chief Moore issue a notice that sharing the photo was inappropriate. On December 22, 2018, Carranza received a call from Detective Munoz, who worked in different LAPD stations around Los Angeles, informing her that he walked past three uniformed officers, including a supervisor, looking at the photo and saying “‘Look at her tits. Oh, look... --- > An overtime lawsuit against an Arizona-based home appraisal firm has been moved from New York to Illinois. Learn more from Bay Area employment attorneys. - Published: 2025-05-30 - Modified: 2025-05-30 - URL: https://www.bryanschwartzlaw.com/home-appraisers-overtime-lawsuit-transferred-from-new-york-to-illinois/ A New York judge has approved moving an overtime lawsuit against an Arizona appraisal firm to Illinois. READ THE ARTICLE HERE --- > The Supreme Court used its “shadow docket” to let Trump fire NLRB and MSPB members without cause, breaking precedent. Contact our Bay Area Discrimination Lawyers to learn more. - Published: 2025-05-29 - Modified: 2025-05-30 - URL: https://www.bryanschwartzlaw.com/supreme-court-uses-shadow-docket-to-sidestep-90-year-old-precedent-allowing-trump-to-fire-nlrb-and-mspb-members-without-cause-for-now/ Last week, in Trump v. Wilcox, 605 U. S. ____ (2025), the United States Supreme Court sided with President Trump in a case involving the firings of National Labor Relations Board (“NLRB”) member Gwynne Wilcox and Merit Systems Protection Board (“MSPB”) member Cathy Harris. Both the NLRB and MSPB are independent federal agencies established by Congress to enforce certain labor and employment laws. The NLRB was established in 1935 to enforce laws governing labor-management relations in the private sector, including those that guarantee the rights of workers to engage in union-related and other protected concerted activity. The MSPB was established in 1979 to protect employees of federal agencies against whistleblower retaliation, partisan political decisions, and other prohibited personnel practices. Each agency is led in part by a bipartisan multimember review board. The NLRB’s Board has five members, each serving a term of five years, while the MSPB’s has three members, who serve seven-year terms. For both agencies, members are appointed by the President with Senate approval and can be removed by the President only for cause. President Trump fired Wilcox and Harris, both Biden appointees, in January and February of 2025, respectively. He made no attempt to claim that the removals were for cause, openly admitting that the firings were politically motivated. Instead, he argued that the agencies’ for-cause removal protections represented an unconstitutional restraint on the President’s authority to remove executive officers, though the argument ran contrary to the Supreme Court’s precedent, Humphrey’s Executor v. United States, 295 U.... --- > Bryan Schwartz Law, P.C. welcomes Christina Ochoa as a Summer Associate. Learn more about her background and what she brings to our Bay Area employment law team. - Published: 2025-05-28 - Modified: 2025-05-28 - URL: https://www.bryanschwartzlaw.com/press-release-christina-ochoa-has-joined-our-firm-as-a-summer-associate/ Bryan Schwartz Law, P. C. is pleased to announce that Christina Ochoa has joined the firm as a Summer Associate. Christina received the 2025 Employee Justice Summer Clerkship from the Foundation for Advocacy, Inclusion & Resources (FAIR) in support of her work at the firm. A student at the University of California Berkeley School of Law, Christina has served as Co-President for the Plaintiff’s Law Association, Feller Lecture Editor for the Berkeley Journal of Employment and Labor Law, and has interned for the American Civil Liberties Union of Southern California in the Economic Justice Project. In the summer of 2024, Christina completed the San Francisco Trial Lawyers Association Trial Advocacy Diversity Fellowship Program. She has continued to improve her written and oral advocacy skills by competing in the Davis Asylum and Refugee Moot Court Competition. Christina has also advocated for clients under attorney supervision through the La Alianza Workers and Tenants Rights Clinic, where she served as a student leader and assisted low-income clients through employment and labor disputes involving wage and hour claims, harassment, and discrimination. Prior to attending law school, Christina graduated from Cornell University, majoring in Development Sociology. She is dedicating her legal education and career towards advocating for the rights of workers and marginalized people. Attorney Bryan Schwartz opened the practice in January 2009. Bryan Schwartz Law, P. C. is dedicated to continuing the struggle for civil rights and equality of employment opportunity and helping Americans from every background to achieve their highest career potential. The... --- > Three years after the enactment of the Ending Forced Arbitration Act, here's where things stand—contact our Bay Area employment attorney to learn more. - Published: 2025-05-15 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/three-years-of-the-ending-forced-arbitration-act-where-things-stand/ In 2022, Congress enacted the Ending Forced Arbitration Act (EFAA), which prohibits using an arbitration agreement that was signed before a dispute arose to force arbitration of a claim for sexual assault or sexual harassment. This was a victory for employees whose sexual assault and sexual harassment claims have often been shunted into secret proceedings, though the legislation did not go far enough in prohibiting forced arbitration of other types of serious claims. Employers require workers to sign arbitration agreements for a number of reasons, but the effect is largely the same: the secrecy of arbitration prevents the public from learning about major misdeeds by companies whose goods and services we all use, and other workers may never know that they are not alone. When a worker is harmed by their employer and cannot seek justice in court, the worker and society are deprived of transparency and fairness. We have addressed a variety of issues related to mandatory arbitration for employees, for example, here, here, here, and here. The EFFA became effective when it was enacted, March 3, 2022, a date that has been the focus of much litigation. Three years after the EFFA, victims of sexual assault and sexual harassment have successfully invoked it to keep their claims out of arbitration, but courts have dealt with the EFFA’s applicability in different ways and with interesting results. The Sixth Circuit recently delivered an opinion that favors applicability of the EFFA in Memmer v. United Wholesale Mortgage, LLC, 2025 WL 1144771.... --- > California has introduced a new AI anti-discrimination bill aimed at addressing bias in automated systems. Contact our San Francisco employment attorneys to learn more. - Published: 2025-04-28 - Modified: 2025-04-30 - URL: https://www.bryanschwartzlaw.com/california-introduces-new-ai-anti-discrimination-bill/ In recent years, employers have nigh-universally embraced the implementation of artificial intelligence (AI) in their major employment decisions, such as hirings, promotions, and firings. Indeed, as of 2025, 83% of companies already use AI tools in their hiring processes, and 98% of Human Resources (HR) executives plan to use this technology when making termination and layoff decisions as well. However, despite the widespread acceptance of AI in the workplace, signs have already emerged that overreliance on such technology could trample workers’ rights. Without proper oversight by human officials, AI machine learning tools might adopt unlawful discriminatory biases against job candidates and employees. For instance, Amazon used an AI recruiting tool that allegedly promoted male candidates over women, downgrading resumes that contained phrases such as “women’s chess club captain” and penalizing graduates of various all-women’s colleges. To prevent such harms, some jurisdictions, including the European Union, prohibit companies from making significant decisions based only on AI analysis. The European Union also requires companies who rely on AI to share algorithms used in decision-making with affected individuals. These protections are important, even if they do not prevent every instance of AI overreliance—in 2023, an Amsterdam court found that Uber had used AI technology as the sole decision-maker when it terminated three drivers. To address the dangers AI poses for Californians, Assemblymember Rebecca Bauer-Kahan introduced Assembly Bill (AB) 1018 on February 20, 2025 to regulate AI decision-making tools in the workplace. AB 1018 would create a strong framework governing automated decision systems (ADS),... --- > Federal employees with disabilities have the right to accommodations. If yours were denied, our Bay Area discrimination lawyers can help. Contact Bryan Schwartz Law, P.C. today. - Published: 2025-03-28 - Modified: 2025-03-31 - URL: https://www.bryanschwartzlaw.com/federal-employees-are-entitled-to-reasonable-accommodations-despite-the-white-houses-push-for-in-person-work/ On January 20, 2025, the Trump administration issued a memorandum to all heads of departments in the executive branch to begin terminating all remote work arrangements and for exemptions be made as “they deem necessary. ” The memorandum states that it should be implemented consistently with applicable law, which includes respecting the rights of federal employees. Federal law requires qualified individuals with disabilities to be reasonably accommodated in their employment with the government. Pressure from the Trump administration should not prevent such accommodations from being granted. The Rehabilitation Act of 1973, as amended, under Section 501, protects qualified individuals with disabilities from discrimination by federal agencies. This prohibition provides that individuals with disabilities cannot be denied employment opportunities, including hiring, promotion, training, and fringe benefits, for which they are otherwise entitled or qualified to receive. Federal agencies are required to provide reasonable accommodations to qualified employees with disabilities to ensure that these individuals can complete all the essential functions of their roles, unless to do so would create an “undue hardship” in a particular instance. The White House’s attempt to return the federal work force to in-person work cannot eliminate the rights of federal workers with disabilities to receive reasonable accommodations. If you are a person with a qualifying disability that prevents you from returning to full-time in-person work or there are physical barriers in your work place that do not accommodate your disability, then you have the right to request reasonable accommodations and the government must provide you with... --- > New California laws bring hope for workers in the wake of the Trump Administration. Contact a Bay Area employment attorney to learn more. - Published: 2025-02-27 - Modified: 2025-02-28 - URL: https://www.bryanschwartzlaw.com/under-the-shadow-of-the-trump-administration-new-california-laws-offer-hope-for-workers/ Since President Trump was sworn into office on January 20, 2025, his administration has taken various actions that jeopardize American workers’ right to a fair and equitable work environment, such as directing the Equal Employment Opportunity Commission’s Acting Chair to undermine the rights of transgender individuals, coercing large swathes of federal employees to resign, and issuing an executive order that would institute mass layoffs at numerous federal agencies. However, also during this time, California has implemented a variety of laws that offer workers in the state hope for a brighter future. Some of these laws, which went into effect on January 1, 2025, include the following: Minimum Wage Increase As of January 1, the state minimum wage increased from $16. 00/hour to $16. 50/hour for all employers, regardless of employee headcount. Overtime Exemption Employees now must earn at least $68,640 to meet the minimum salary threshold to be exempt from state overtime requirements under the so-called “white collar exemptions. ” The salary threshold for the “computer professional” exemption also increased, to $118,657. 43. Intersectional Discrimination Senate Bill 1137 explicitly recognizes and incorporates the concept of intersectionality into California’s existing anti-discrimination laws. The bill protects individuals from discrimination based on two or more protected characteristics, such as race and national origin, or gender and age. For more on SB 1137, the first state law of its kind, read Bryan Schwartz Law’s post here. Artificial Intelligence Discrimination Another groundbreaking law, Assembly Bill 2930, protects workers when employers seek to use artificial intelligence... --- > California’s SB 1137 now recognizes intersectionality in discrimination cases, strengthening protections for employees facing bias based on multiple protected traits. Contact our San Francisco employment attorneys today. - Published: 2025-01-28 - Modified: 2025-02-03 - URL: https://www.bryanschwartzlaw.com/california-lights-the-path-to-equity-with-new-intersectionality-law/ As of January 1, 2025, California Senate Bill 1137 has come into effect, making California the first state to expressly recognize intersectionality as a unique status in discrimination proceedings. California courts have long recognized that discrimination can be directed at a combination of protected characteristics beyond any singular protected category, Lam v. University of Hawai’i (9th Cir. 1994) 40 F. 3d 1551. But this amendment to the Unruh Civil Rights Act, the Education Code, and the Fair Employment and Housing Act is the first in the nation to add express statutory protections for combinations of protected characteristics to anti-discrimination laws governing businesses, schools, and employers. What does “intersectionality” mean for employment discrimination? In employment discrimination cases, victims typically need to show that they were singled out based on a protected characteristic, like race, religion, gender, age, disability, or sexual orientation. While some employers will openly state their discriminatory motives – saying, for example, that they prefer not to hire individuals of a certain race or gender, or even using slurs in the workplace – most modern discrimination cases are based on subtler claims, where members of a protected class are treated differently than similar employees who are not members of the protected class. In these situations, victims typically focus on differences of treatment relative to “comparators,” or similar employees who were not members of the same protected class that were treated better than the victim of discrimination. The employer then seeks to prove that the individual victim was subjected to... --- - Published: 2024-12-20 - Modified: 2024-12-20 - URL: https://www.bryanschwartzlaw.com/ab-2123-ends-california-employers-right-to-require-pto-before-accessing-paid-family-leave-benefits/ Recently, Governor Gavin Newsom signed Assembly Bill (AB) 2123, which will take effect on January 1, 2025. This bill will abolish employers’ ability to require their employees to use their accrued vacation leave before accessing California’s Paid Family Leave Program (“PFL”) insurance benefits. As the holiday season approaches, a time that emphasizes the importance of familial bonds, California workers are preparing to close out the remainder of the year with their relatives. And now, with the enactment of AB 2123, once they cross the threshold and enter 2025, they will be equipped with greater power to spend time with and care for their loved ones. PFL Background Signed into law in 2002, PFL – also known as the Family Temporary Disability Insurance Program (“FTDI”) – is a state-run program that provides unemployment disability compensation benefits to workers taking time off to care for a seriously ill relative or domestic partner, bond with a new minor child, or assist a military family member under active duty. PFL is administered by the State Disability Insurance Program (“SDI”) of the Employment Development Department (“EDD”), and it is codified in California Unemployment Insurance Code (“UIC”) sections 3301-3303. AB 2123’s Changes to PFL AB 2123 amends UIC section 3303. 1 as it relates to paid family leave. Previously, the text of UIC section 3303. 1 explicitly permitted employers to force employees to take up to two weeks of earned but unused vacation as a prerequisite for acquiring PFL benefits. Cal. Code Regs. tit. 22 §... --- > In 2024, the Supreme Court eased the process for workers to file bias lawsuits over job transfers. Contact our Bay Area employment lawyers to learn more. - Published: 2024-12-19 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/high-court-muldrow-opinion-tops-2024s-biggest-bias-rulings/ In 2024, the U. S. Supreme Court made it easier for workers to file bias lawsuits over job transfers, while appeals courts addressed contentious issues like diversity training seminars. Learn more below. High Court Muldrow Opinion Tops 2024's Biggest Bia_241218_150029 --- > This Veterans Day, we honor veterans and their rights under USERRA. For questions, contact our San Francisco employment lawyers Bryan Schwartz Law, P.C. - Published: 2024-11-11 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/userra-provides-important-protections-for-veterans/ Happy Veterans Day! We thank veterans for their service. Last year, we discussed the ways servicemembers are deprived of rights available to other employees by Feres v. United States 340 U. S. 135 (1950) and subsequent cases that prevent servicemembers from enforcing workplace protections, including federal antidiscrimination laws. We are disheartened that the president-elect denigrated veterans. In a legal and political environment that can be hostile to veterans’ interests, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is an important tool for veterans. USERRA prohibits civilian employers from discriminating against members of the uniformed service in initial employment, reemployment, retention in employment, promotion, or any other benefit of employment because of the member’s military status. These anti-discrimination prohibitions and related regulations include a so-called “escalator principle” provision, which means that a servicemember who must take leave from her civilian employment for active duty does not miss out on career progress on the career trajectory she would otherwise enjoy. (20 C. F. R. § 1002. 191. ) Before USERRA, other laws protected servicemembers who experienced discrimination after their service, such as the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, which was commonly referred to as the Veterans’ Reemployment Rights Act. (See, e. g. , Huhmann v. Federal Express Corporation (9th Cir. 2017) 874 F. 3d 1102, 1008 n. 4, discussing statutory history. ) Congress enacted USERRA in 1994 in part to encourage noncareer (for example, as a reservist or in the National Guard) service in the uniformed services “by... --- > Celebrating 20 years, California's Private Attorneys General Act (PAGA) remains a vital tool for workers' rights, enabling employees to enforce labor protections despite arbitration limitations. Discover recent landmark cases and legislative updates that affirm PAGA’s role in workplace justice. Contact our San Francisco employment lawyers to learn more. - Published: 2024-10-31 - Modified: 2024-10-31 - URL: https://www.bryanschwartzlaw.com/wins-for-paga-in-2024-mean-wins-for-workers/ 2024 marks the twentieth anniversary of California’s Private Attorneys General Act (PAGA). Over the last two decades, PAGA has emerged as a uniquely important tool for vindicating workers’ rights in the courts. PAGA has overcome numerous challenges during this period, including several notable victories just this year. Background The California Labor Code guarantees a multitude of rights for employees, including requirements for meal and rest breaks, overtime pay, and sick leave, as well as protections from wage theft, late payments, and misclassification. A variety of state agencies are responsible for enforcing the Labor Code. However, before PAGA, these laws were consistently underenforced, largely due to a shortage of state resources. PAGA endeavors to address this problem by empowering workers to enforce the Labor Code themselves. Under PAGA, individual employees can bring a claim on behalf of the state to recover civil penalties for violations that their employer has committed against them and similarly impacted employees. If the claim succeeds, the state recovers the majority of the penalty amount, with the remainder going to the employees. The rise of PAGA coincided with a rising trend of employers requiring their employees to sign pre-dispute arbitration agreements and class action waivers. These kinds of agreements limit employees’ rights to bring claims against their employers in court, instead forcing them to pursue their claims in private arbitration as individuals. While arbitration is supposed to be more streamlined and less expensive than judicial proceedings (a dubious proposition itself), data shows that arbitration places employees at... --- - Published: 2024-10-29 - Modified: 2024-10-29 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-one-co-workers-n-word-usage-may-suffice-for-harassment-claim/ (This article was first published in Plaintiff magazine, October 2024 edition) Bailey v. San Francisco District Attorney is a major victory for workers like those in Tesla race-harassment class action. Use of the N-word at work is never OK for ordinary workplaces in California, yet some employers – like Tesla – allow use of the N-word to spread without stopping it. In May 2024, the Alameda County Superior Court certified my firm’s nearly seven-year-old class action with co-counsel against Tesla, Vaughn v. Tesla, based upon this racist work environment, with the N-word rampant in the Fremont factory, and Tesla’s failure to prevent this from harming thousands of Black workers there. I believe it is the largest harassment class action ever certified. Then on July 29, 2024, the California Supreme Court gave a big boost to the Tesla workers’ claims with its decision in Bailey v. San Francisco District Attorney. One alleged use of N-word by a co-worker, and cold shoulder from HR Twanda Bailey alleged she was called the N-word by a co-worker at the San Francisco District Attorney’s office, and then suffered intimidation from Human Resources after she reported the incident. The Superior Court granted summary judgment, dismissing her claims, and the Court of Appeal affirmed, but the California Supreme Court reversed the decisions below. The Supreme Court held that a co-worker’s one-time use of a racial slur may be actionable in a claim of harassment, so severe as to alter the conditions of employment and create a hostile... --- - Published: 2024-09-25 - Modified: 2024-09-26 - URL: https://www.bryanschwartzlaw.com/california-superior-court-rejects-discriminatory-employer-challenge-to-california-civil-rights-department/ Unfortunately, too many workers experience horrific discrimination in the workplace, especially at Tesla’s Fremont, California factory. Tesla has cultivated a particularly racist, hostile work environment, where Black employees have routinely suffered abuses like being subjected to rampant use of the N-word, being menaced by swastika and noose imagery in their facilities, and being denied equal pay and advancement opportunities. Today, the California Superior Court’s ruling in Department of Fair Employment and Housing, an Agency of the State of California vs. Tesla, Inc. thwarted yet another one of Tesla’s attempts to deny their workers the relief they are owed for the injustices they suffered at Tesla’s hands, authorizing California’s antidiscrimination enforcement agency to proceed without further delay in its lawsuit against the automaker. Read the Court’s important order here: DFEH v. Tesla Order Read the Civil Rights Complaint here: DFEH v. Tesla Complaint Background In 2017, Bryan Schwartz Law and co-counsel filed the historic class action case Vaughn v. Tesla on behalf of thousands of Black Tesla workers who face severe and pervasive racist harassment in Tesla’s Fremont factory. The Alameda County Superior Court certified the Vaughn class in May 2024 – and it may be the largest harassment class action ever certified in America. The U. S. Equal Employment Opportunities Commission raised similar claims in federal court in 2023, also asserting that Tesla unlawfully retaliated against Black workers for reporting race harassment. The California Civil Rights Department (CRD) (formerly called the Department of Fair Employment and Housing, or DFEH) filed... --- > A former paralegal has returned to Bryan Schwartz Law as a new associate. Contact our Bay Area Civil Rights Attorney today! - Published: 2024-09-06 - Modified: 2024-09-10 - URL: https://www.bryanschwartzlaw.com/former-paralegal-returns-to-bsl-as-new-associate/ Bryan Schwartz Law is pleased to announce that former paralegal Erica Posey has re-joined the firm as an Associate. Erica Posey began her legal career at Bryan Schwartz Law in 2014 as a paralegal and discovered a passion for civil rights law. Bryan Schwartz’s zealous advocacy for his clients inspired her to go to law school to follow in his footsteps. According to Principal Bryan Schwartz, “Erica was a star when she first came to the firm and I am thrilled she is back! I am so proud of her for what she’s already accomplished starting her legal career. ” Ms. Posey graduated Stanford Law School in 2022, after attending rival U. C. Berkeley for undergraduate school, majoring in Slavic Languages and Literatures and minoring in Public Policy. Prior to law school, Ms. Posey also worked on national security and civil liberties policy with the Brennan Center for Justice, where her research focused on Presidential emergency powers reforms and First Amendment freedoms. During law school, she interned with the Los Angeles City Attorney’s Office in their affirmative litigation division and returned once more to Bryan Schwartz Law as a law clerk. Following law school, Ms. Posey served as the 2022-2024 Paul H. Tobias Fellow at the National Institute for Workers’ Rights and the National Employment Lawyers’ Association. In this role she worked primarily on developing creative and novel litigation strategies to address emerging employment law topics and supporting the organization’s amicus program. Ms. Posey loves her work and believes everyone... --- > Bryan Schwartz Law is pleased to welcome Sam Goity as the 2024-2025 Joseph V. Kaplan Workers' Rights Fellow. Contact our workers rights lawyers in the Bay Area to learn morer. - Published: 2024-09-06 - Modified: 2025-02-13 - URL: https://www.bryanschwartzlaw.com/bryan-schwartz-law-welcomes-sam-goity-as-a-2024-2025-joseph-v-kaplan-workers-rights-fellow/ Bryan Schwartz Law welcomes Sam Goity as a 2024-2025 Joseph V. Kaplan Workers’ Rights Fellow. He joins the firm after graduating from the University of California, Berkeley School of Law, where he received a law degree with Pro Bono Honors and a certificate in Public Interest & Social Justice. During law school, Mr. Goity served as Editor in Chief of the Berkeley Journal of Employment and Labor Law, publishing articles that concern novel legal issues in the field of labor and employment. Mr. Goity also participated in and later helped direct the Berkeley Law Workers’ Rights Clinic, which offers free information to low-income working people about their legal rights. Additionally, both as a union steward and as a leader of the Berkeley Law and Organizing Collective, Mr. Goity worked to advocate for the rights of academic student-employees across the University of California system. Mr. Goity spent the summer after his first year of law school as a legal extern for the National Labor Relations Board, investigating unfair labor practice charges filed by unions and employees. During his second year, he completed an internship with the East Bay Community Law Center’s Clean Slate Clinic, providing legal support to income-qualified individuals dealing with municipal fines and fees. He spent the following summer as a clerk at a labor law firm, where he assisted on matters involving a wide variety of issues related to workers’ rights. Before attending law school, Mr. Goity obtained a bachelor’s degree in English from Carleton College. Mr. Goity... --- > 10,000 Black Tesla workers are suing for racial discrimination. Bay Area discrimination attorney Bryan Schwartz discussed the class action lawsuit with Steve Zeltzer. - Published: 2024-09-03 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/labor-day-special-black-workers-poised-to-sue-tesla-over-racism/ A class action lawsuit has been authorized, allowing 10,000 Black workers at Elon Musk's Tesla factory in Fremont to pursue legal action against the company for alleged racial discrimination and harassment. Oakland attorney Bryan Schwartz, representing the workers, discussed the case with host Steve Zeltzer on Pacifica Radio's Capitalism, Race and Democracy radio show. The key points of the interview are highlighted in the first 37 seconds and from 2:05 to 12:31. Listen here. --- - Published: 2024-08-19 - Modified: 2024-08-19 - URL: https://www.bryanschwartzlaw.com/teslas-fremont-car-factory-blockbuster-racism-lawsuit-to-go-before-a-jury-next-year/ Mercury News | Bay Area News Group | Ethan Baron | August 16, 2024 A blockbuster class-action lawsuit against Tesla over treatment of Black workers at its Fremont electric car factory will go before a jury next fall, a judge ordered this week. It is the largest of several lawsuits — including by the state and federal governments — claiming the automaker led by CEO Elon Musk has allowed rampant, anti-Black racism at the plant, where Tesla models S, X, Y and 3 are made. The case was filed in 2017 in Alameda County Superior Court by former Tesla worker Marcus Vaughn. Four more named plaintiffs have been added: former workers Monica Chatman and Titus McCaleb and current workers Chanel Hendrix and Garret Parker. On Wednesday, Judge Nöel Wise set Sept. 8 of next year as the start date for the jury trial. Nearly 6,000 current and former Black employees and contractors at the plant have signed onto the lawsuit, and the number could climb past 10,000 in coming months, a lawyer for the workers said. Black workers claim they experienced racist epithets, graffiti, discrimination and harassment at the automaker led by CEO Elon Musk. The lawsuit seeks a court order that would bar the company “from maintaining a hostile work environment on the basis of race,” and would impose mandatory training on harassment for all Tesla managers and employees. “The same racism and harassment that was there back in 2017 when we first filed this lawsuit are there today,”... --- > This article covers the upcoming 2025 trial for a class action lawsuit against Tesla, alleging racial discrimination at the Fremont factory. Oakland Wrongful Termination Attorneys are representing Black workers in this case, with implications for other lawsuits against Tesla. - Published: 2024-08-16 - Modified: 2024-08-19 - URL: https://www.bryanschwartzlaw.com/tesla-factory-race-bias-class-action-to-proceed-to-trial-in-2025/ "A California judge said at a case management conference Wednesday that a certified class action by black workers alleging Tesla allowed racial discrimination to run rampant will go to trial in 2025, noting the plaintiff sued in 2017 and "everybody, the plaintiffs and the defense, needs to have closure on these issues. " ... To read more, visit the link below. SOURCE --- > Bryan Schwartz Law principal is honored as a top employment lawyer, showcasing expertise as Northern California Wrongful Termination Lawyers. - Published: 2024-08-15 - Modified: 2024-12-02 - URL: https://www.bryanschwartzlaw.com/press-release-bryan-schwartz-law-principal-recognized-as-a-top-employment-lawyer/ Oakland, CA - Bryan Schwartz Law, P. C. is pleased to announce that the firm’s founder, Bryan Schwartz, has been recognized for the tenth year in a row by the Daily Journal as one of the top 75 labor and employment lawyers in California, as well as being recognized by SuperLawyers as one of the 100 top lawyers overall in Northern California, and by BestLawyers and LawDragons again as one of the best plaintiffs’ lawyers in the area and in the country. The Daily Journal’s profile published on Schwartz focused on his victory this year in the Tesla race harassment class action, where he led a litigation team in obtaining certification of what is believed to be the largest harassment class ever certified, exposing the rampant use of the N-word and other racist epithets at the company’s Fremont, California factory. As with other landmark victories won by Schwartz in recent years, the Tesla class certification win was hard-fought (six rounds of briefing on the cert motion alone) and a long time coming – nearly seven years. The Tesla battle is expected to continue for years more. “We’ll stick with it as long as it takes,” Schwartz told the Daily Journal. Or, as a recent former client recently posted in an online review of the firm’s services, “They have the tenacity and skill to fight with all legal means possible. They will be your Guardians. They will guide you and answer any question you may have... . They never lost focus... --- > California appellate court upholds case against Tesla over personnel records, ruling against anti-SLAPP protection. Contact an Oakland Employment Lawyer to learn more. - Published: 2024-08-12 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/tesla-cant-duck-workers-paga-case-under-anti-slapp/ A California appellate court upheld a lower court's decision, rejecting Tesla's attempt to dismiss a Private Attorneys General Act (PAGA) case brought by former employees seeking personnel records. Tesla argued for protection under the anti-SLAPP statute, but the court ruled that Tesla's refusal to provide the records did not qualify as protected petitioning activity. The workers, who are part of a larger class action alleging racial discrimination at Tesla, were exercising their rights under labor law. The court emphasized that Tesla's actions were unrelated to any public issue in the ongoing class action. Source: Law 360 --- > Discover Tesla's recent court loss due to its failure to meet legal obligations to workers, highlighting ongoing issues with employee treatment. Bay Area Employment Attorneys at Bryan Schwartz Law emphasize their commitment to holding corporations accountable for workplace discrimination and employee rights violations. - Published: 2024-08-08 - Modified: 2024-08-09 - URL: https://www.bryanschwartzlaw.com/tesla-loses-in-court-again-for-failing-in-its-legal-obligations-to-workers/ Workers’ Right to Obtain Personnel Records Not Blocked by Pending Class Action Bryan Schwartz Law (BSL) has been prosecuting race harassment claims against Tesla since 2017, along with co-counsel, in Vaughn v. Tesla. In May 2024, the Alameda County Superior Court certified what may be the largest harassment class in history in Vaughn. While Vaughn was proceeding, BSL requested personnel records (like wage statements, personnel files, etc. ) for hundreds of the Black/African American workers at Tesla’s Fremont factory. Tesla had an obligation to produce these workers’ personnel records within 30 days under California Labor Code §1198. 5 and other provisions. But, as has been so typical, Tesla acted as though it was above the law, and did not do what the law required – for most people, the company produced nothing at all. BSL along with co-counsel sued Tesla for its failure to produce personnel records as it was legally required to do, under the Labor Code Private Attorneys General Act (PAGA). Tesla fought against the lawsuit, called Taylor v. Tesla, by saying that it was improper to sue the company regarding its failure to produce personnel files, because Tesla’s non-production was actually a form of protected speech in the Vaughn case. ! Tesla’s anti-SLAPP (Strategic Lawsuit Against Public Participation, a statute designed to protect free speech) motion failed. Tesla appealed after it lost at the trial court, and – once again – lost today in the Court of Appeal, in a published decision that is important in protecting... --- - Published: 2024-07-29 - Modified: 2024-08-06 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-one-co-worker-n-word-usage-may-suffice-for-harassment-claim/ Bailey v. San Francisco District Attorney is a Major Victory for Workers Like Those at Tesla Use of the N-word at work is never OK for ordinary workplaces in California, yet some employers – like Tesla – allow use of the N-word to spread without stopping it. In May 2024, the Alameda County Superior Court certified Bryan Schwartz Law’s class action with co-counsel against Tesla, Vaughn v. Tesla, based upon this racist work environment, with the N-word rampant in the Fremont factory, and Tesla’s failure to prevent this from harming thousands of Black workers there. Today, the California Supreme Court gave a big boost to the Tesla workers’ claims with its decision in Bailey v. San Francisco District Attorney. One Alleged Use of N-Word by a Co-Worker, and Cold Shoulder from HR Twanda Bailey alleged she was called the N-word by a co-worker at the San Francisco District Attorney’s office, and then suffered intimidation from Human Resources after she reported the incident. The Superior Court granted summary judgment, dismissing her claims, and the Court of Appeal affirmed, but the California Supreme Court today reversed the decisions below. The Supreme Court held that a co-worker’s one-time use of a racial slur may be actionable in a claim of harassment, so severe as to alter the conditions of employment and create a hostile work environment. (S265223, Slip Op. at 2. ) The Supreme Court further held that a course of conduct that tries to block an employee from reporting and addressing race... --- - Published: 2024-06-28 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/compromise-stops-effort-to-repeal-paga-by-ballot-initiative/ A major threat to worker protections was defused this week when the California Assembly and Senate approved amendments to the California Private Attorneys General Act of 2004 (PAGA). PAGA allows employees harmed by labor law violations to seek penalties on behalf of California’s Labor & Workforce Development Agency (LWDA). A proposed November ballot initiative would have repealed it. Instead, the proposed amendments do not disturb PAGA’s function. Instead, they limit certain penalties available under PAGA and provide employers with incentives to remedy violations. The amendments reflect a compromise between worker advocates and large business interests, who authored the now-tabled initiative to repeal PAGA. The November ballot initiative would have barred employees from seeking civil penalties for labor law violations committed against them or against their fellow employees. PAGA is a crucial tool for enforcing worker rights, and its continued viability is good news for workers. PAGA Background The Legislature enacted PAGA because enforcement agencies, especially the LWDA, are overwhelmed by the volume of labor law violations that need redress. Some examples of labor law violations subject to civil penalties include the failure to pay overtime; failure to provide meal or rest breaks; failure to provide accurate wage statements; or failure to furnish an employee’s personnel file on request. To supplement LWDA’s efforts to hold employers accountable, PAGA (as enacted in 2004) allows individual employees—referred to as representative plaintiffs—to file suit on behalf of the LWDA to collect civil penalties ranging from $50-$500 for each violation of labor laws, depending on... --- > Discover how this ruling exposes Tesla's alleged inaction and the effects of racism within the company and beyond its walls. Contact Oakland Discrimination attorneys if you can relate. - Published: 2024-05-23 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/a-second-judge-finds-tesla-workers-at-fremont-factory-were-racially-harassed/ A recent ruling has unveiled a disturbing pattern of racial harassment faced by Black workers at Tesla's Fremont factory, citing multiple hundreds of declarations of abuse. This significant finding highlights the racism that these workers endured over the years, shedding light on Tesla's alleged failure to address this issue. To understand the broader implications of this case, click either of the links below to read the full blog post. This story has been featured in the news outlets below: The Mercury News SiliconValley. com Top Class Actions Gmtoday --- > A California judge has allowed a class-action lawsuit to proceed, alleging widespread racial discrimination at Tesla's Fremont factory involving nearly 6,000 Black or African American workers. Contact Bay Area Discrimination Attorneys if you are affected. - Published: 2024-05-23 - Modified: 2024-09-26 - URL: https://www.bryanschwartzlaw.com/teslas-lawyers-prepare-for-class-action-racial-discrimination-suit/ Tesla's legal team is bracing for a significant class-action lawsuit, as a California judge has ruled that allegations of widespread racial discrimination at their Fremont factory warrant collective legal action. With nearly 6,000 Black or African American workers potentially affected, this suit highlights severe workplace issues amidst Tesla's broader operational challenges. Discover the details of this developing legal battle by clicking here. --- - Published: 2024-05-22 - Modified: 2024-08-08 - URL: https://www.bryanschwartzlaw.com/tesla-workers-get-class-status-for-some-issues-in-race-bias-suit/ A California judge ruled that common factual issues in racial discrimination claims against Tesla will be decided in a class action and applied to individual worker claims. Tesla faces multiple lawsuits for alleged unfair treatment at its Fremont plant, filed by individual workers, the US Employment Opportunity Commission, and California's civil rights agency. Read more here. --- > A California judge's ruling mandates that Tesla face a class action lawsuit by nearly 6,000 Black workers, alleging racial discrimination at its Fremont factory. If you need legal assistance, reach out to our Bay Area discrimination lawyers for support. - Published: 2024-05-21 - Modified: 2024-05-21 - URL: https://www.bryanschwartzlaw.com/tesla-must-face-sweeping-race-bias-class-action/ A California judge ruled Tesla must face a class action by nearly 6,000 Black workers alleging racial discrimination at its Fremont factory. Read the full story below. --- - Published: 2024-05-20 - Modified: 2024-05-21 - URL: https://www.bryanschwartzlaw.com/court-certifies-historic-race-harassment-class-action-against-tesla-thousands-of-black-workers-at-fremont-california-factory-may-participate/ For Immediate Release: May 20, 2024 Bryan Schwartz, Esq. (510) 444-9300 Larry Organ, Esq. (415) 302-2901 Matthew Helland, Esq. (415) 277-7235 Oakland, CA – Late Friday, the Alameda County Superior Court in Oakland, California certified a long-pending, historic class action, Vaughn, et al. v. Tesla, challenging severe and pervasive race harassment against Black workers at the auto-maker’s Fremont, California factory, including the abundant use of the N-word. The class action is expected to impact thousands of current and former Tesla production workers from 2016 to present. The court found that “he approximately 500 declarations in support of and in opposition to this motion suggest that over a period of approximately eight years Tesla workers in the Fremont factory heard the n-word and otherwise experienced conditions that might reasonably be characterized as race harassment. ” The court’s decision recognized that the plaintiffs have already compiled a list of nearly 6,000 Black workers affected, with an anticipated notice that may reach thousands more, as well. Tesla failed in many attempts to end the case with multiple motions and appeals regarding supposed arbitration agreements, and now faces a class-wide inquiry as to whether there was a “pattern or practice of pervasive race harassment” at the Fremont factory, whether the company “knew or should have known” about it, and whether the company failed to “take immediate and appropriate corrective action. ” If the plaintiffs are successful on these questions, then the court may issue an injunction to stop Tesla’s racist practices and force it... --- - Published: 2024-05-16 - Modified: 2024-05-16 - URL: https://www.bryanschwartzlaw.com/a-win-for-fairness-in-the-u-s-supreme-court-administrative-filing-deadlines-are-not-generally-jurisdictional-requirements/ The United States Supreme Court, in Harrow v. Department of Defense (2024) 601 U. S. ____, today clarified that very few statutes of limitations and filing deadlines are “jurisdictional bars” that automatically kill an employee’s claims, even if fairness should allow the employees a chance to have their complaints heard. Under Harrow, the vast majority of deadlines have “equitable exceptions. ” Examples of equitable exceptions might apply – for example, as in Harrow – where an employee no longer had access to a government email address and therefore never learned of his deadline. As another example, an equitable exception (estoppel or tolling) might apply if a government agency misled an employee about the deadline for filing a claim or failed to communicate the deadline. Without the possibility of these equitable exceptions, employees who miss the often very short deadlines for filing claims would have no recourse at all because courts would not even have the right (that is, the jurisdiction) to hear their claims. The Supreme Court’s Harrow decision clarifies that few statutes of limitations are jurisdictional barriers – in other words, almost all of them allow for equitable exceptions, and the only jurisdictional barriers are those that are “very clear” in the law, saying they are jurisdictional barriers. Harrow arose in the context of a worker who was appealing a decision of the Merit Systems Protection Board (MSPB) to the United States Court of Appeals for the Federal Circuit, and missed his sixty-day deadline. By way of background, when... --- > FTC bans restrictive employment agreements, benefiting worker mobility despite business opposition. Call our San Francisco discrimination lawyer if you need help. - Published: 2024-04-25 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/ftc-bans-non-compete-agreements-restricting-workers-freedom-hurts-the-public/ This week, the Federal Trade Commission issued a rule that, once effective, will prohibit employment agreements that limit an employee’s ability to work for other employers or start their own businesses. This is good news for approximately 30 million workers currently subject to non-compete agreements, as they will not be trapped by employer restraints in jobs that underpay, underpromote, or otherwise undervalue employees’ work. In issuing the rule, the FTC follows California and other states, which recognize that not only individual employees but the public at large are hurt by non-compete agreements. The public benefits of a freely moving labor force have not deterred a major business organization from vowing to sue to stop implementation of the rule. Restricting workers’ freedom to choose their jobs is not a legitimate business decision and the rule must take effect without delay. The FTC proposed the new rule in January 2023, and considered empirical research and public comment before reaching the final rule announced this week. The final rule prohibits any employment agreement clause that prohibits a worker from seeking or accepting any work with a different employer, or starting a business on her own, if that work would begin after the worker’s employment with the employer who provides the agreement—employers can still order an employee not to moonlight during her employment. (16 C. F. R. §§ 910. 1, 910. 2. ) The rule forbids enforcement of existing non-compete clauses, except against certain employees defined as “senior executives” who received compensation above a... --- > In a recent hearing, Bryan Schwartz, representing 6,000 Black Tesla workers, contested Tesla's assertion that only government agencies could prove discrimination. To learn more, contact our Bay Area discrimination lawyers. - Published: 2024-04-16 - Modified: 2024-04-16 - URL: https://www.bryanschwartzlaw.com/tesla-workers-atty-rips-claim-of-influence-over-state-agency/ In a class certification hearing, Bryan Schwartz, representing 6,000 Black Tesla workers, challenged Tesla's assertion that only government agencies could prove discrimination. The lawsuit, led by Marcus Vaughn since 2017, alleges Tesla tolerated racism at its Fremont, California, factory since 2015. Read more below. --- > The California Supreme Court issues favorable interpretations regarding wage order provisions for construction workers in the case of Huerta v. CSI Electrical Contractors. Contact a Bay Area employment lawyer to learn more. - Published: 2024-03-28 - Modified: 2026-04-09 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-provides-favorable-interpretations-on-wage-order-provisions-for-construction-workers-in-huerta-v-csi-electrical-contractors/ This week, in Huerta v. CSI Electrical Contractors, the California Supreme Court provided favorable interpretative guidance for provisions surrounding compensable time and employer-mandated travel in the Industrial Welfare Commission (IWC)’s Wage Order No. 16. Wage Order No. 16 is a key regulation that defines the wages, hours, and working conditions for workers of on-site occupations, such as those in the construction, drilling, logging, and mining industries. This decision is a win for workers in these industries, as it both clarifies and broadens the kinds of time in the workday that should be considered compensable. The decision also helps employees who are union members to be able to assert statutory wage claims. This decision should put more money into workers’ pockets. In Huerta v. CSI Electrical Contractors, the employer, CSI Electrical Contractors (“CSI”) was a contractor assigned to provide procurement, installation, and construction services for a solar power facility site (“Site”) in Monterey and San Luis Obispo. CSI hired the plaintiff, George Huerta, and several other workers to provide these services at the Site. Every day, Huerta and his coworkers had to go through a security gate, where guards would scan their badges and search their cars. After that search, the workers would then have to drive 10 to 15 minutes along a narrow access road to reach the parking lots and begin their shifts. At the end of their workday, the workers formed a line to exit the security gate, where the guards again scanned the workers’ badges, peered into... --- > Ninth Circuit confirms in McBurnie v. RAC Acceptance East, LLC: Californian plaintiffs can seek public injunctions despite arbitration agreements, safeguarding worker and consumer rights. Our San Francisco discrimination lawyers can help with your case. - Published: 2024-03-27 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/ninth-circuit-california-public-injunctions-cannot-be-blocked-by-arbitration-agreements/ A plaintiff’s right to seek a public injunction under California law is not foreclosed by the Federal Arbitration Act (FAA), the Ninth Circuit confirmed in McBurnie v. RAC Acceptance East, LLC. This means that employers and merchants cannot force anyone to waive her right to seek a public injunction (injunctive relief that benefits the general public), even if their employees and purchasers are required to sign arbitration agreements. The holding reinforces California law, which recognizes that an employee’s right to seek a public injunction under the Fair Employment and Housing Act cannot be waived, as an appellate court held last year in this firm’s race harassment suit against Tesla. (Vaughn v. Tesla (2023) 87 Cal. App. 5th 208. ) In both McBurnie and Vaughn, corporate proponents of arbitration agreements argued that the U. S. Supreme Court’s decision in Viking River Cruises permitted arbitration agreements to waive public injunction claims. Now, both federal and California appellate courts have rejected the argument. McBurnie is a victory for workers and consumers who want to stop misconduct prohibited by statutes that protect the general public. In McBurnie, two plaintiffs entered agreements with RAC whereby they would pay for furniture in installments and take ownership after a set number of installments. Each agreed to pay a “processing fee” as well as an “expedited payment fee. ” RAC required the plaintiffs to agree that they would not seek any relief that would affect other RAC “account holders,” and expressly to waive the right to arbitrate any... --- - Published: 2024-03-05 - Modified: 2024-03-05 - URL: https://www.bryanschwartzlaw.com/ninth-circuit-court-of-appeals-clarifies-question-of-statutory-standing-for-workers-bringing-representative-claims-under-paga-in-cooley-v-servicemaster-company-llc/ Last week, in Cooley v. ServiceMaster Company LLC, the Ninth Circuit Court of Appeals held that a former employee maintained statutory standing to bring representative wage claims under California’s Private Attorneys General Act (PAGA), even when his arbitration agreement compelled him to individual arbitration. PAGA is a law critical for holding employers accountable for wage violations, as it permits workers to sue employers for these Labor Code violations on behalf of the State. This decision is a win for workers’ rights, as it clarifies the question of statutory standing for bringing representative actions under PAGA, an issue left unclear in the wake of recent PAGA and arbitration-related decisions, such as Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906 and Adolph v. Uber (2023) 14 Cal. 5th 1104. Bryan Schwartz Law has previously blogged about Viking River here, and about Adolph v. Uber here. In Cooley, the plaintiff, Tyron Cooley, was a former employee for Terminix, a pest control company, and on May 8, 2020, he filed a complaint in state court against his former employer, alleging a variety of wage violations. Cooley brought the complaint on an individual, class-wide, and representative basis, the last of which was done under PAGA. Terminix had the case removed to federal court, then moved to compel arbitration and stay the proceedings in district court, because Cooley had signed an arbitration agreement. The court granted the motion. After the Supreme Court’s decision in Viking River in 2022, Terminix then moved to dismiss... --- > California judge allows 6,000 Black Tesla workers to sue over racism claims. Lawsuit alleges a hostile work environment. Tesla denies wrongdoing. Call our Oakland discrimination attorney for help with your case. - Published: 2024-02-29 - Modified: 2025-02-13 - URL: https://www.bryanschwartzlaw.com/tesla-faces-5977-black-workers-in-factory-racism-lawsuit/ A California judge has tentatively ruled that nearly 6,000 Black workers at Tesla's California factory can sue the carmaker collectively over claims of racism. The lawsuit, filed by Tesla employee Marcus Vaughn in 2017, alleges a hostile work environment with racial slurs and unaddressed complaints. Tesla denies wrongdoing. If the case proceeds to trial, it will be split into phases determining liability and damages. Read more here. Similar articles below: Judge OKs Tesla Class-Action Racial Discrimination Lawsuit Tesla to Face Nearly 6,000 Black Workers in Factory Racism Lawsuit Tesla Faces Likely Racial Discrimination Class Action Suit CNBC - Tesla must face race bias class action by 6,000 Black U. S. workers Reuters - Tesla must face race bias class action by 6,000 Black U. S. workers Car maker embroiled in 'racial bias' lawsuit by 6,000 Black staff Nearly 6,000 Black employees at Tesla allowed to collectively sue for discrimination, harassment Tesla to face racism lawsuit from nearly 6,000 Black factory workers Tesla must face race bias class action by 6,000 Black US workers California Judge Approves Class Action Against Tesla Over Racial Harassment --- > Bryan Schwartz Law clients Doering Meyer and Ryan Gibson were inducted into the "Class Action Hall of Fame." Contact a Bay Area employment lawyer for more information. - Published: 2024-02-23 - Modified: 2024-03-20 - URL: https://www.bryanschwartzlaw.com/bryan-schwartz-law-clients-doering-meyer-and-ryan-gibson-inducted-into-class-action-hall-of-fame/ State Department Disability Class Action Led to Sweeping Reforms February 23, 2024 SAN FRANCISCO, CA – Today, Bryan Schwartz Law, P. C. ’s lead class agents in the firm’s longest-running case, Doering Meyer and Ryan Gibson, D. Sc. , were inducted into the Impact Fund Class Action Hall of Fame after their 17-year struggle for disability rights in the State Department prevailed. In 2023, the Oakland-based law firm and the State Department announced a $37. 5 million-dollar settlement to end the class action, which paid over $100,000/net per class member. The hard-won resolution was accompanied by major reforms to the agency’s medical clearance process. Disapproved medical clearances resulted in hundreds of worthy Foreign Service Officers being denied and delayed opportunities for careers representing their country abroad. Read about it here. “Doering Meyer and Ryan Gibson deserve this great honor,” said firm principal Bryan Schwartz, “because it took immense courage to stick with this cause year after year, through many motions to dismiss, appeals, and every other tactic the government used to try to kill the case. ” He added, “In the end, it is only with Doering’s and Ryan’s resolve that we were able to achieve such a great victory for workers with disabilities, opening this prestigious Foreign Service career path to countless Americans. It is my honor every day to represent Doering, Ryan, and other brave plaintiffs who stick their necks out to make this country better and provide opportunities for us all. " Dr. Gibson, addressing the Impact... --- > Sarbanes-Oxley safeguards whistleblowers from corporate backlash. Recent Supreme Court ruling upholds employee rights, crucial for public trust in financial integrity. Call our San Francisco employment lawyer for help. - Published: 2024-02-08 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/whistleblowing-activity-may-not-factor-into-negative-employment-actions-even-a-little-bit-supreme-court-holds/ Conscientious employees are the public’s best protection against corporate wrongdoing, as Congress recognized in a provision of the Sarbanes-Oxley Act of 2002. Enacted after a series of accounting scandals, Sarbanes-Oxley expressly bars publicly-traded companies from retaliating against employee-whistleblowers who speak up about fraud and securities law violations. Today, in a victory for employees in Murray v. UBS Securities, LLC, a unanimous Supreme Court rejected UBS Securities’ argument that a victim of whistleblower retaliation under the Act must prove “retaliatory intent. ” Instead, the Court held, such an employee must prove that their whistleblowing “was a contributing factor” in the employer’s retaliation—the same standard we have in California under Labor Code §1102. 5. The decision is good for employees and for the public’s protection against financial wrongdoing that can have catastrophic consequences. The case started in 2011 after Trevor Murray, a research strategist at the securities firm UBS, experienced pressure from within UBS to skew his reports to reflect favorably on the commercial mortgage-backed securities strategy adopted by UBS. Murray’s reports were distributed to UBS customers, and they fell under SEC regulations. One such SEC regulation required Murray to certify that the reports were independently produced and accurately reflected his views. After other personnel pressured Murray to provide supportive reports, Murray went to his supervisor in December 2011 and again in January 2012. Murray’s supervisor told him not to “alienate” the internal commercial mortgage-backed securities group that Murray worked with. Shortly thereafter, Murray told his supervisor that the situation had worsened—Murray... --- > Tesla faces allegations of employing aggressive tactics in race bias lawsuits. Contact our Oakland wrongful termination attorneys today to learn more. - Published: 2024-01-22 - Modified: 2024-01-22 - URL: https://www.bryanschwartzlaw.com/tesla-accused-of-scorched-earth-tactics-in-race-bias-suits/ Law360 (January 19, 2024, 10:23 PM EST) -- The California Civil Rights Department and a putative class of Black workers accused Tesla on Friday of "obfuscation," "scorched earth litigation" and intentionally delaying litigation in their years old race bias cases, while Tesla's counsel argued that the allegations are bogus and any delays are of the plaintiffs' own making. The arguments came during an hourslong case management conference for three groups of race discrimination cases pending against Tesla in Oakland, California, before Alameda Superior Court Judge Noël Wise. The cases include a 2-year-old enforcement action filed by the California Civil Rights Department; a 6-year-old putative class action — dubbed the Vaughn case — filed on behalf of more than 6,000 Black workers at Tesla's factory in Fremont, California; and roughly 50 individual cases filed by workers who claim they were discriminated against while on the job. The cases generally accuse Tesla of fostering "rampant racism" at Tesla's California factories since 2012. The suits claim Black workers have been subjected to constant racial slurs while on the job, with managers and supervisors calling Black workers "monkey boys," "rats" and the N-word, among other racial slurs, and referring to the workplace as the "slave ship. " The plaintiffs claim that for months Tesla took no steps to remove racist graffiti, including drawings of swastikas, Confederate flags, the KKK and a noose, in the factories' bathrooms, workplace benches and on tables and walls, while also refusing to promote Black workers or investigate repeated complaints... --- > The California Supreme Court has ruled that trial courts lack inherent authority to dismiss PAGA claims based on manageability concerns. Contact an Oakland workplace discrimination attorney to learn more. - Published: 2024-01-19 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-holds-that-trial-courts-do-not-have-inherent-authority-to-strike-down-paga-claims-on-manageability-grounds/ Yesterday, in Estrada v. Royalty Carpet Mills, Inc. , the Supreme Court of California (Chief Justice Guerrero, writing for the unanimous court) held that trial courts do not have the inherent authority to strike down Labor Code’s Private Attorney General Act (PAGA) claims on manageability grounds. This holding is a significant win for workers’ rights, as it affirms employee rights under PAGA, a critical tool for holding employers accountable for Labor Code violations. PAGA allows an aggrieved employee (i. e. , one whose rights under the Labor Code were violated) to seek civil monetary penalties on behalf of the state as a representative. Importantly, PAGA allows an aggrieved employee to seek penalties for Labor Code violations committed by her employer against other employees. This feature of PAGA means that for an employer who frequently violates labor laws, a PAGA action can be costly. Under the Estrada holding, employers cannot avoid penalties by arguing that an employee’s claim are too difficult for a court to adjudicate, even if those claims involve labor law violations against numerous coworkers. In Estrada, the Plaintiffs were a group of 13 former Royalty Carpet Mills (“Royalty”) employees who brought a class action complaint against Royalty. The complaint raised class claims based on Royalty’s failure to provide first and second meal periods to its employees for nearly eight years, and it also raised PAGA claims based on a variety of Labor Code violations. In June 2017, the court certified the plaintiffs’ proposed class and three subclasses. The... --- > UAW aims to unionize Tesla, anticipates a showdown with CEO Elon Musk. Contact a Bay Area employment attorney. - Published: 2023-12-08 - Modified: 2023-12-08 - URL: https://www.bryanschwartzlaw.com/tesla-uaw-seeks-to-unionize-car-maker-battle-expected-with-ceo-elon-musk/ After successfully negotiating with major U. S. auto companies, the United Auto Workers (UAW) is now seeking to unionize Tesla and other non-unionized car manufacturers. The campaign aims to improve wages, benefits, and workers' rights, following the UAW's recent victories in fall negotiations with Ford, General Motors, and Stellantis. Read more here. --- > Irrelevant grievances raised against a plaintiff are not admissible. Contact a Bay Area civil rights employment attorney to learn more. - Published: 2023-12-08 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/irrelevant-complaints-against-a-plaintiff-are-inadmissible/ This week, in Argueta v. Worldwide Flight Services, Inc. , the California Court of Appeals certified for publication its ruling that “when the evidence at issue involves prior bad acts, substantial prejudice is inherent in the evidence and its admission requires ‘extremely careful analysis. ’” Under California Evidence Code 352, a court may exclude evidence if its probative value is substantially outweighed by a substantial danger of undue prejudice of confusing the issues or of misleading the jury. Evidence of prior bad acts that are not directly related to the causes of action in the matter, while potentially relevant for other purposes, can still be barred under evidence code 352. This includes the substance of previous complaints made against a Plaintiff, when those complaints don’t address any material fact of the causes of action. In Argueta v. Worldwide Flight Services, Inc. , the Plaintiff Eunices Argueta sued her former employer Worldwide Flight Services Inc. for sexual harassment and failure to prevent harassment by her manager under California’s Fair Employment and Housing Act (“FEHA”). In November 2016 and January 2017, several employees whom Argueta supervised submitted written complaints to Worldwide accusing her of bullying, harassment, retaliation, making threats and other bad behavior. In January of 2017, after the complaints were submitted, Maria Diaz, the company’s HR director overseeing Argueta’s location, held an investigation against Argueta regarding the complaints. During this investigation, Argueta was informed of the complaints, and it was disputed whether Argueta was told further action would lead to discipline... --- > A judge has signed off on a $1.25M settlement for former Mills College students. Contact a Bay Area civil rights attorney to learn more. - Published: 2023-11-13 - Modified: 2023-11-17 - URL: https://www.bryanschwartzlaw.com/1-25m-settlement-approved-for-former-mills-college-students/ A judge has approved a $1. 25 million settlement in a class action lawsuit brought by former Mills College students. They alleged being misled by university officials who promised degree completion at no extra cost following Mills' merger with Northeastern University. Learn more on Inside Higher Ed, Higher Ed Dive, BestColleges, or Twitter. --- > The Feres doctrine prohibits service members from suing for employment actions unrelated to combat due to "intra-military immunity." Contact our Bay Area discrimination lawyers if you have questions about federal anti-discrimination law. - Published: 2023-11-10 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/veterans-deserve-enforceable-rights-not-the-feres-doctrine/ To honor veterans, Americans should demand that courts and lawmakers protect servicemembers from discrimination and retaliation. Instead, following the Supreme Court in Feres v. United States 340 U. S. 135 (1950), federal courts have found that servicemembers may not sue for a host of employment actions unrelated to military combat based on a doctrine of “intra-military immunity. ” The Feres doctrine prevents more than 2 million Americans from suing for injuries “incident to service,” including medical malpractice, sexual violence, and discrimination. Courts contravened Congressional intent in the development of the Feres doctrine. The doctrine shields America’s largest employers from liability to its most committed employees. In 1946, Congress enacted the Federal Tort Claims Act (FTCA), allowing individuals injured by the federal government to sue in federal district court. Sovereign immunity bars suit against a government without its consent, and the FTCA is a waiver of sovereign immunity. However, the FTCA does not waive sovereign immunity in every instance. Congress directly addressed the dangers of military service in an exemption to the FTCA. No one may sue for an injury “arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war. ” (28 U. S. C. § 2680(j). ) The exemption for military activities has been read far more broadly than the language of § 2680(j) allows. Rudolph Feres was killed by an injury that did not arise out of combatant activities during war. A barracks fire in Pine Camp, New York,... --- - Published: 2023-11-09 - Modified: 2023-11-09 - URL: https://www.bryanschwartzlaw.com/mills-college-agrees-to-1-25-million-settlement-with-former-students-over-northeastern-takeover/ Mills College agreed to a $1. 25 million settlement that will be paid as compensatory damages to over 400 of its former students. Our very own Bryan Schwartz represented the former students in this class-action lawsuit, which claimed that the students were unable to complete their degrees due to Mills College merging with Northeastern University. Read the full story on Mercury News and University Business. --- - Published: 2023-11-08 - Modified: 2026-04-15 - URL: https://www.bryanschwartzlaw.com/plaintiffs-and-mills-college-agree-to-1-25-million-settlement-with-former-students/ Oakland, California, November 7, 2023 — Plaintiffs’ law firms Bryan Schwartz Law, P. C. and Nichols Kaster, LLP announced today that the Alameda County Superior Court has granted preliminary approval to Plaintiffs’ agreement with Defendants Mills College and Northeastern University, in which Defendants will pay $1. 25 million to settle an alleged class action consumer protection lawsuit that covers approximately 408 students. Plaintiffs claim Mills College made misrepresentations to them regarding the College’s merger with Northeastern University after 170 years as an independent women’s college in Oakland. While Mills College and Northeastern do not believe that Plaintiffs’ claims have merit and deny all allegations made, the institutions have concluded that settlement is in the best interest of the Parties to avoid the time and expenses of drawn-out litigation. Plaintiffs claimed they faced great hardships arising from the unfortunate closure of Mills College as a separate institution, but Mills and Northeastern maintain they worked with each and every affected student to achieve the best possible result for them despite the difficult situation. With this settlement, Plaintiffs hope to offset some of the increased educational costs they claim they incurred, and Defendants hope to move forward peaceably with providing quality education to students at Mills at Northeastern University without the continuing distractions of the claims and allegations in the lawsuit. The Agreement between the parties was reached after more than ten months of negotiations, and it settles the lawsuit, Cordrey et al. v. Mills College et al. , Case No. 22-CV-011159, filed... --- - Published: 2023-11-08 - Modified: 2023-11-08 - URL: https://www.bryanschwartzlaw.com/mills-college-northeastern-settle-student-suit-for-1-25m/ A judge has approved a preliminary settlement of $1. 25 million for over 400 former students of Mills College in Oakland. The lawsuit, filed by Mr. Schwartz, claims that the students were misled and experienced certain hardships related to the merging of Mills College and Northeastern University. Read the full story here in the San Francisco Chronicle. --- - Published: 2023-11-08 - Modified: 2026-04-08 - URL: https://www.bryanschwartzlaw.com/judge-approves-settlement-former-mills-college-students/ A $1. 25 settlement has been approved by the Alameda County Superior Court for former students of Mills College in Oakland. Attorney Bryan Schwartz represented the students in the class action lawsuit, which claimed that the students were misled when Mills College, a formerly all-women's school, merged with coed Northeastern University. View the news coverage featured on KTVU Fox 2 and Yahoo News. --- - Published: 2023-11-02 - Modified: 2023-11-02 - URL: https://www.bryanschwartzlaw.com/nichols-kaster-llp/ Minneapolis & San Francisco Employee & consumer representation A Minnesota-based boutique with a national reach, Nichols Kaster LLP established its San Francisco office in 2006. Partner Matthew C. Helland arrived to be managing partner the following year. "We had a national wage-and-hour practice, and we were filing a lot of cases in the Northern District of California, and at that time, there were a lot of mortgage and financial services cases here. So it made sense to have an office here too," Helland said. The firm had recruited local litigator Bryan J. Schwartz to open the doors in San Francisco; he launched his own firm, Bryan Schwartz Law, in Oakland in 2009. Schwartz and Helland remain close colleagues on significant cases, including an ongoing civil rights class action for more than 6,000 African American production workers over alleged workplace racism and discrimination at the Tesla plant in Fremont. Vaughn v. Tesla, Inc. , RG17882082 (Alameda Co. Super. Ct. filed Nov. 13, 2017). "After Tesla failed to compel arbitration of the claims, we came on for the class certification phase," Helland said. The motion for class certification, which remains pending, was accompanied by declarations from 240 workers detailing racism they'd experienced at the factory they called the "Plantation" or "Slave Ship. " "It's great to work together with Bryan," Helland said. "Our firm brings technical resources for large-scale litigation. We believe this is the most significant racial harassment case ever filed, and Nichols Kaster is no stranger to going up against... --- > The U.A.W. sets its sights on Tesla, which is continuing to use tactics against unionizing. Contact an Oakland employment attorney to discuss your employment discrimination case. - Published: 2023-10-17 - Modified: 2023-10-17 - URL: https://www.bryanschwartzlaw.com/why-tesla-isnt-unionized/ As the U. A. W. works toward a successful strike against Ford, General Motors and Stellantis, it hopes to organize against Tesla next. Tesla remains a major threat to U. A. W. benefits and wages as it continues to use aggressive tactics, such as offering its workers stock options, to prevent unionizing. Read the full story here. --- - Published: 2023-10-16 - Modified: 2023-10-16 - URL: https://www.bryanschwartzlaw.com/on-visiting-civil-rights-sites-fighting-terrorism-and-choosing-life/ I have been a civil rights lawyer for more than 20 years. However, I had never visited the civil rights sites in Alabama, Mississippi and Tennessee with my family, so I planned a trip, taking the kids out of school last week. All week, I thought about what I can say about these places that have defined the history of our country, the world, and my career. Klansmen kidnapped fifteen year-old Emmett Till on an ordinary night from where he was sleeping at the home of relatives in northern Mississippi. They beat and murdered and tossed him, tied to a heavy metal fan, into the Tallahatchie River, which we crossed driving last week. He was Black and whistled in the presence of a white woman who was tending a shop where he went to buy... what? The terrorists who killed him were proud, and suffered no consequences, acquitted in an hour by an all-white jury, because Blacks in 1955 could not vote and so could not be jurors in Mississippi, and whites did not see Blacks as human beings. Blacks would show up to register to vote and be asked to pass a test: “How many bubbles fit in a bar of soap? ” or “How many jellybeans are in this large jar? ”- the unanswerable, so murderers were never held to answer. And some would be lynched just for trying to vote, or because family members voted - like when Calvin Mike voted in 1884 in Georgia and saw... --- > In a recent class-action complaint, it is alleged that the Peace Corps has relied on fear-based and speculative criteria, neglecting sound medical advice when denying assignments to those with mental health disabilities. If you need assistance with your case, contact our Oakland employment lawyers. - Published: 2023-10-11 - Modified: 2023-10-11 - URL: https://www.bryanschwartzlaw.com/lawsuit-peace-corps-denies-assignments-over-outdated-mental-health-concerns/ A federal class-action complaint filed in Washington, D. C. last month alleges that the Peace Corps has utilized fear-based and speculative criteria, while overlooking sound medical advice when refusing volunteer assignments to individuals with mental health disabilities. --- > Landmark settlement in Martin v. Blinken case transforms State Department policy, removing barriers for federal workers with disabled family members. Call our Oakland discrimination lawyers if you need help. - Published: 2023-10-05 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/bryan-schwartz-law-p-c-negotiates-historic-policy-change-with-the-department-of-state/ Legal Settlement Removes Barriers for Federal Workers with Disabled Family Members This week, the United States District Court for the District of Columbia concluded the Martin v. Blinken (Department of State) case after a landmark settlement that will transform State Department policy regarding medical clearances for disabled family members (Eligible Family Members) of government employees. The settlement will put an end to a system that has limited employment opportunities for countless State Department members for decades. Bryan Schwartz Law, P. C. first began the case in 2012, after federal employee Steve Martin complained that the State Department denied his 12-year-old daughter medical clearance, such that he was not allowed to bring his Eligible Family Member with him to a prestigious post in India, which he would have otherwise been permitted to do. Mr. Martin’s daughter had lived and traveled abroad without incident, and her doctors and educators agreed that she could go to India without difficulty, but the State Department refused to reconsider its decision. Under the obligations of the Rehabilitation Act of 1973, federal agencies cannot deny equal benefits of employment to federal employees associated with family members with disabilities. After more than a decade in administrative processes with the State Department and the U. S. Equal Employment Opportunity Commission, Mr. Martin filed a federal class action in July 2022 challenging the medical clearance practices that led to his daughter’s denial of clearance, asserting that hundreds of others were similarly discriminated against in their benefits because they have family... --- > The U.A.W. strike might aid non-union Tesla's focus on technology and pricing, but Mr. Schwartz has filed lawsuits on behalf of Black Tesla employees alleging discrimination in promotions and work assignments. If you are facing discrimination in the workplace, contact our race discrimination attorneys in Bay Area. - Published: 2023-09-29 - Modified: 2023-09-29 - URL: https://www.bryanschwartzlaw.com/for-tesla-and-musk-auto-strike-carries-benefits-and-risks/ The U. A. W. strike against traditional automakers could help Tesla due to its non-union status, allowing it to focus on technology and pricing. However, Mr. Schwartz has sued Tesla on behalf of Black employees who claim they experienced discrimination in promotions, work assignments, and racial abuse. Read the full story here. --- > The EEOC has sued Tesla for racial discrimination against Black employees at its California factory. If you're experiencing discrimination in the workplace, reach out to our Bay Area discrimination lawyers. - Published: 2023-09-29 - Modified: 2023-09-29 - URL: https://www.bryanschwartzlaw.com/federal-lawsuit-accuses-tesla-of-racial-discrimination/ The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Tesla, alleging racial discrimination against Black employees at its California factory. The lawsuit claims that Black workers endured racial slurs, unfair work assignments, and terminations when they complained, with Tesla management aware but not adequately addressing the issues. Read the full story here. --- > Oakland discrimination lawyer Bryan Schwartz challenges Peace Corps' mental health discrimination. Read more here. - Published: 2023-09-28 - Modified: 2023-09-28 - URL: https://www.bryanschwartzlaw.com/peace-corps-outdated-policies/ FOR IMMEDIATE RELEASE September 28, 2023 Media Contact: Amy Weiss, Amy@weisspublicaffairs. com (Washington, DC) This week, Bryan Schwartz Law, P. C. and the Bazelon Center for Mental Health Law filed suit against the Peace Corps in the U. S. District Court for the District of Columbia on behalf of a class of accepted applicants for Volunteer service who were denied medical clearances because of their actual or perceived disabilities, or for having records of past medical conditions. The lawsuit seeks to end this discriminatory practice and ensure qualified applicants are not punished for getting mental health or other medical treatment and are evaluated in an appropriate way and not based on unfounded fears, speculation, and assumptions. The lawsuit alleges that the Peace Corps has, for years, discriminated against accepted applicants already determined to be fully qualified for the job based on their diagnosis, symptoms, or treatment, such as therapy or medication – despite overwhelming evidence from qualified professionals who evaluated them that they are ready and able to serve. For example, in one case, a young woman diagnosed with mild depression and anxiety during the height of Covid was disqualified from doing environmental work in Mexico based on her diagnosis and use of therapy. The Peace Corps has previously posted lists on its website of medical and mental health conditions that typically prevent Peace Corps service, including Major Depressive Disorder, discouraging people with any of those disabilities from even applying. “The Peace Corps is supposedly committed to helping promote understanding... --- > Lawsuit against Peace Corps alleges mental health discrimination. Our Oakland discrimination lawyer advocates change. Get the full story here. - Published: 2023-09-28 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/peace-corps-sued-over-mental-health-policy/ A lawsuit has been filed against the Peace Corps, accusing it of discriminating against applicants with mental health conditions by rescinding their offers without considering reasonable accommodations. The suit challenges the Peace Corps' screening policies, highlighting the need for organizations to adapt to evolving mental health awareness. Bryan Schwartz Law, along with Bazelon Center for Mental Heath Law, is representing the plaintiffs. Read the full story here. --- > The California Supreme Court's Raines v. U.S. Healthworks decision expands FEHA liability to business agents involved in discrimination, enhancing worker protections. If you've been discriminated against, call our Bay Area employment lawyers today. - Published: 2023-09-14 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-holds-that-a-third-party-agent-can-be-a-feha-employer/ Recently, in Raines v. U. S. Healthworks Medical Group, the Supreme Court of California held that the Fair Employment and Housing Act (FEHA)’s definition of “employer” may include third-party business agents, such as screening firms that vet out job applicants for employers. This is a significant win for workers’ rights, removing a hurdle to holding these business agents directly liable for their discriminatory actions. In Raines (S273630, Aug. 21, 2023), the plaintiffs were two job applicants who received offers of employment that were conditioned on their successful completion of certain pre-employment medical screenings. The screenings were conducted by U. S. Healthworks Medical Group (USHW), who was acting on behalf of the plaintiffs’ prospective employers. As part of these screenings, USHW required plaintiffs to answer a medical questionnaire that asked intrusive questions about their health history but had no bearing on their job performance. One of the plaintiffs refused to answer a question about her menstrual periods, leading to her medical exam being canceled and then her job offer getting revoked. In their complaint, the plaintiffs raised claims under FEHA, among others. FEHA authorizes plaintiffs to sue employers when the employer engages in an adverse employment action, based on a protected characteristic, such as the plaintiff’s race, sex, gender, medical condition, or disability. Under FEHA, the definition of “employer” includes “any person regularly employing five or more persons, or any person acting as an agent of the employer, directly or indirectly. ” Despite the agent-inclusive language in this provision, some employers’... --- > Bryan Schwartz Law, P.C. welcomes Francis Santos as the firm’s fourth Joseph V. Kaplan Workers’ Rights Fellow. To learn more, contact our Bay Area discrimination lawyers today. - Published: 2023-08-17 - Modified: 2023-08-17 - URL: https://www.bryanschwartzlaw.com/francis-santos-hired-as-joseph-v-kaplan-workers-rights-fellow/ August 16, 2023 – Bryan Schwartz Law welcomes Francis Santos as the firm’s fourth Joseph V. Kaplan Workers’ Rights Fellow. He joins the firm after graduating from the University of California Berkeley, School of Law, where he received a law degree with certificates in Public Interest & Social Justice and International Law. Mr. Santos served on the editorial board of California Law Review during law school, publishing articles that concern novel legal issues that intersect with numerous areas of law, in both California and the federal system. He also worked with the International Human Rights Law Clinic, to support legal advocacy and litigation efforts in challenging life without parole sentences across the country. He also worked as a Racial Justice Fellow at the American Civil Liberties Union (ACLU), where he supported the ACLU’s Racial Justice Program in developing legal cases that challenge occupational licensing regulations, discriminatory educational policies, and minimum wage exclusions. Mr. Santos is an international student who was born and raised in the Philippines, and he speaks native Tagalog. He moved to the United States seven years ago in search of a better life for himself and to support his family back home. From his experiences working in this country and back in the Philippines, Mr. Santos understood all too well how one's employment dictates how well one can live their life. Being a paycheck away from not being able to pay rent or afford food can be some of the scariest moments in a worker's life, especially... --- - Published: 2023-07-20 - Modified: 2023-07-20 - URL: https://www.bryanschwartzlaw.com/california-supreme-court-restores-hope-of-labor-code-enforcement-in-adolph-v-uber/ This week, the Supreme Court of California restored employees’ right to bring claims of Labor Code violations against their employer on behalf of the State under the Private Attorneys General Act of 2004 (PAGA), even when they have signed an arbitration agreement. This is a significant win for workers’ rights, as an avenue for enforcement of the Labor Code following the Supreme Court’s decision in Viking River Cruises v. Moriana. Bryan Schwartz Law has blogged about Viking River here, and about other PAGA- and arbitration-related Supreme Court decisions many times, including here, here, and here. PAGA authorizes individual plaintiffs to bring actions alleging violations of the Labor Code on behalf of the State of California. Due to the increasing prevalence of mandatory arbitration clauses in many employment agreements, designed to prevent concerted actions among employees and keep allegations of employer’s Labor Code violations out of court, PAGA is often the only remaining avenue to seek broad remedies for employer’s Labor Code violations through the courts. The Uber decision allows Plaintiffs to maintain standing to litigate claims on behalf of other employees under PAGA, despite an order compelling arbitration of Plaintiff’s individual claims. In Viking River, the Supreme Court interpreted California law to find that a Plaintiff who signed an arbitration agreement compelling arbitration for individual claims lost standing under PAGA to bring both individual and representative claims on behalf of other employees to court. The Court reasoned that the Federal Arbitration Act compels enforcement of valid arbitration agreements for individual... --- - Published: 2023-07-19 - Modified: 2023-07-20 - URL: https://www.bryanschwartzlaw.com/employers-must-reimburse-remote-workers-for-business-expenses-incurred-during-remote-work/ California’s First District Court of Appeal issued an important decision regarding the reimbursement of business expenses for remote workers on July 11, 2023 in Thai v. International Business Machines Corp. (IBM) (2023), Cal. Rptr. 3d. The decision holds that California Labor Code § 2802 provides remote workers with the right to recover business expenses incurred from necessary remote work for the benefit of the employer, regardless of whether the employer chose to have the employees work from home. Labor Code § 2082(a) requires an employer to reimburse an employee “all necessary expenditures ... incurred by the employee in direct consequence of the discharge of his or her duties. ” This action was brought under California’s Private Attorneys General Act (PAGA) to collect penalties for Section 2802 violations on behalf of the Plaintiffs, other similarly aggrieved employees, and the State of California. After Governor Gavin Newsome’s March 19, 2020 stay-at-home order at the outset of the COVID-19 pandemic, many companies transitioned to fully remote operations to comply, including IBM. IBM employees purchased various services and pieces of equipment that were necessary to perform their jobs remotely, including telephone services, internet access, headsets, computers, and accessories for their computers. Employees personally paid for these expenses and never received reimbursement from IBM -- despite IBM knowing that employees were taking on these expenses out-of-pocket. Plaintiffs, employees of IBM, filed a PAGA action against IBM on behalf of the California Labor & Workforce Development Agency and other similarly aggrieved IBM employees. The trial court... --- > Bryan Schwartz Law opposes recent Supreme Court rulings in SFFA v. Harvard and SFFA v. UNC. Reach out to our Oakland discrimination attorney today. - Published: 2023-07-10 - Modified: 2023-07-10 - URL: https://www.bryanschwartzlaw.com/the-supreme-courts-affirmative-action-decision-is-wrong-heres-something-you-can-do/ Bryan Schwartz Law disagrees with the Supreme Court's recent rulings in SFFA v. Harvard and SFFA v. UNC, and agrees with the dissenters. The decision will make it harder to promote the critical objective of diversity in higher education, which in turn leads to fewer top professional opportunities for people of color in America. The legal profession, medical profession, and others are already not reflective of America's diversity - which make us less effective as a society. The serious consequences can be felt in lives lost and in justice denied. All is not lost. We can take steps in our own lives to foster a diverse and inclusive society, which I discussed in an article I published first as the Chair of the State Bar's Labor & Employment Law Section back in 2017 - it is still true today, and I reproduce it here: When people ask me what I do, I do not usually say that I am a labor and employment lawyer. I say that I am a civil rights lawyer. It is why I came into this business. I came here to enforce protections that will foster a diverse and inclusive society. Promoting diverse workplaces, in my view, gives us the best chance of real social change – if everyone is working together, advancing and earning equally, then we can break cycles of bias and poverty. California, where I practice mostly, has an ignominious history of discrimination, including, among other examples: legally-sanctioned massacres of native Californians; lynching,... --- > Black workers at Tesla claim lawsuits have not stopped discrimination. If you believe you've been discriminated against, contact our Bay Area civil rights attorney. - Published: 2023-07-10 - Modified: 2023-07-10 - URL: https://www.bryanschwartzlaw.com/bay-area-black-workers-at-tesla-claim-lawsuits-have-not-stopped-discrimination/ Published 07/03/2023 in the Marin Independent Journal: --- > Tesla faces racial discrimination lawsuits by Black workers, blaming CEO Musk for fostering a hostile environment and seeking damages, training, and public acknowledgment. Bay Area discrimination attorney Bryan Schwartz is one of the attorneys on this lawsuit. - Published: 2023-07-05 - Modified: 2025-02-11 - URL: https://www.bryanschwartzlaw.com/tesla-the-cars-that-racism-built-black-workers-claim-lawsuits-have-not-stopped-discrimination/ Complaint after complaint alleging anti-Black racism at Tesla’s factory in Fremont has not stopped such abuse and discrimination, with Black workers segregated into the hardest, most dangerous, lowest-paid jobs and subjected to a barrage of racist treatment, language and images, according to claims in recent court filings and employee interviews. Black workers at the plant — Tesla’s biggest California facility, which employs thousands to build its four electric car models — alleged such abuse often began soon after they started, excited at landing a job at the famed automotive pioneer. In declarations filed by more than 200 current and former workers at the factory in connection with an Alameda County lawsuit against Tesla that now seeks class-action status, workers said they quickly learned that working for Tesla meant facing rampant, extreme racism. The company’s billionaire CEO Elon Musk is not named as a defendant in the lawsuit against Tesla. In interviews, however, Black workers faulted Musk for allegedly setting a tolerant tone and failing to take action against harassing behavior that has been extensively alleged in a series of lawsuits and was found by a jury in one case to warrant a multimillion-dollar verdict against the company he leads. The sworn statements from workers in the Alameda County case, some paid less than $20 an hour, provide the most detailed and wide-ranging window into the racism complaints. “The number of workers affected in this case and the egregiousness of the violations and the length of time that the company has... --- > Supreme Court ruled employers must meet a substantial burden to deny religious accommodations under Title VII. Learn more here. Call our Bay Area discrimination lawyers to discuss your case. - Published: 2023-07-05 - Modified: 2023-07-10 - URL: https://www.bryanschwartzlaw.com/supreme-court-clarifies-undue-hardship-standard-in-religious-accommodation-cases/ Last week, the Supreme Court clarified a prior decision that employers used to shirk their obligations under Title VII of the Civil Rights Act of 1964. That Act requires employers to provide reasonable accommodations for an employee’s religious practice so long as the accommodations do not impose an “undue hardship” on the employer’s business. In its 1977 decision Trans World Airlines, Inc. v. Hardison, the Supreme Court remarked in one passage that an employer is not required to accommodate an employee’s religion if that accommodation would impose a “de minimis” burden on the employer. As lower courts construed Hardison, this meant that if an employer claimed some minimal burden (effort or cost) on its business stemming from an employee’s religious accommodation, the employer could dodge Title VII’s religious accommodation requirement. Now, in Groff v. Dejoy, Postmaster General (2023), the Supreme Court has revisited and clarified what the standard is for an “undue hardship” when employers are considering religious accommodations under Title VII. Groff is an Evangelical Christian who, on religious grounds, believes that Sunday should be devoted to worship and rest. In 2012, Groff began to work with the United States Postal Service (“USPS”) as a Rural Carrier Associate. At the time, USPS typically did not require Sunday work for Rural Carrier Associates. But after USPS agreed to deliver packages for Amazon on Sundays, USPS required many postal workers, including Rural Carrier Associates, to work Sundays. Groff requested a religious accommodation to observe the dictate that Sunday be devoted to... --- > The Peace Corps has been criticized for its mental health clearance process, denying some applicants based on their past or present conditions, but the organization is actively reviewing its policies to promote diversity and equity. To learn more, contact our Bay Area employment attorney. - Published: 2023-06-20 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/peace-corps-applicants-with-mental-health-conditions-face-an-uphill-battle/ The Peace Corps has faced criticism for its medical clearance process regarding mental health, with some applicants being denied based on past or current conditions. However, the organization claims to be committed to diversity and equity and is reviewing its policies. --- > Our own Bryan Schwartz has been featured in dozens of articles regarding the Tesla discrimination lawsuit. Learn more here and call our Bay Area discrimination lawyer to discuss your case with our team. - Published: 2023-06-08 - Modified: 2025-02-13 - URL: https://www.bryanschwartzlaw.com/black-workers-at-california-tesla-factory-allege-rampant-racism-seek-class-action-status/ Tesla may face a class-action lawsuit as 240 Black factory workers in California have described widespread racism and discrimination at the company's San Francisco Bay Area plant, including the use of racial slurs and derogatory references to the factory as a plantation or slave ship. The testimonies, filed in court, come from contractors and employees who worked at the Fremont plant between 2016 and the present. The lawsuit is part of a larger legal battle that began in 2017 when Marcus Vaughn complained of a hostile work environment and subsequently got fired. Bryan Schwartz, one of Vaughn's lawyers, expressed shock at the pervasive harassment and criticized Tesla for allowing it to continue. Tesla has faced multiple lawsuits related to racism, harassment, and discrimination at the Fremont plant. This story has been featured in many news outlets: AP News The Free Press News Break AM 870 The Answer Valley Central ABC 8 News The Hill Black Enterprise BET Business Today hoodline mint Jalopnik Fox 5 Fortune The Root Silicon Valley Business Journal CBS Bay Area The Washington Post U. S. News The San Francisco Standard The Grio KXAN WGN 9 Market Screener The Buffalo News The Black Wall Street Times NDTV Microsoft Start --- > Former Tesla employee Marcus Vaughn has expanded his 2017 racial discrimination lawsuit against the company by requesting class-action status and the inclusion of nearly 240 other workers. If you believe you've been discriminated against, contact our Bay Area discrimination attorneys. - Published: 2023-06-06 - Modified: 2024-05-21 - URL: https://www.bryanschwartzlaw.com/elon-musks-tesla-racism-lawsuit-gains-support-of-240-black-workers-saying-me-too/ Marcus Vaughn, a former Black assembly line staffer at Tesla, has filed a request to add nearly 240 other workers to his 2017 lawsuit against the company, claiming racial discrimination and a hostile work environment. The request for class-action status is supported by sworn statements from other Black former employees and contractors who claim racist graffiti and slurs were present in the workplace. Read the full story here. Similar articles below: Rampant racism alleged by Black workers at California Tesla factory Over 200 Black Workers At California Tesla Factory Allege Rampant Racism Black workers at California Tesla factory allege rampant racism, seek class-action status Black workers at California Tesla factory allege rampant racism and will seek class-action status Tesla Racism Lawsuit Could Become Class Action With 200+ Black Workers Nearly 240 Black Workers Want To Join Class-Action Lawsuit Against Tesla Man suing Tesla for being a ‘hotbed for racist behavior’ wants to add 240 black colleagues to his incendiary complaint Elon Musk in trouble as former Tesla employee to add hundreds of other workers to lawsuit against racism Rampant racism alleged by Black workers at California Tesla factory WTF: Former Black Employee of Tesla Adds 240 Black Colleagues to His 2017 Racism Lawsuit --- > Black workers at Tesla's Fremont factory in Oakland, CA, have filed for class certification in their ongoing class action lawsuit against the automaker, accusing Tesla of widespread race discrimination and harassment. If you have questions, contact our Oakland discrimination attorney today. - Published: 2023-06-05 - Modified: 2023-06-06 - URL: https://www.bryanschwartzlaw.com/tesla-hit-with-black-workers-class-certification-motion/ Monday, June 5, 2023 Tesla Hit with Black Workers’ Class Certification Motion 240 Workers Testify that N-Word, Swastikas, and Other Racism Common at Fremont Factory For Immediate Release: June 5, 2023 Bryan Schwartz, Esq. (510) 444-9300 Larry Organ, Esq. (415) 302-2901 Matthew Helland, Esq. (415) 277-7235 OAKLAND, CA– Today, Black workers at the Tesla Fremont factory took a step forward in their class action seeking to hold the automaker accountable for rampant race discrimination and harassment they face every day at Tesla’s Fremont plant, moving for class certification. After the California Supreme Court’s rejection this Spring of Tesla’s most recent effort to avoid facing the class action lawsuit, the workers mobilized, with 240 individuals providing sworn statements. The workers’ declarations describe a factory workplace filled with the frequent use of the N-word, along with many other racist epithets and unavoidable racist graffiti, like Nazi swastikas. “Though Tesla brands itself as futuristic, these and other centuries-old forms of anti-Black racism are so endemic at the Fremont factory that many workers refer to it as ‘the Plantation,’ or ‘the Slave Ship,” the certification motion states. According to evidence gathered by the workers, there may be 6,000 or more members of the class, which continues to grow each year that Tesla permits the racist work environment to fester. Plaintiffs’ certification motion outlines Tesla’s many efforts to delay justice for the workers, refusing to cooperate with court orders and regular rules of litigation. “The race harassment at Tesla’s Fremont factory is egregious and continuing,... --- > Meet our Summer Associate! Visit our website to learn how our San Francisco discrimination lawyers can assist with your employment case. - Published: 2023-05-25 - Modified: 2023-05-25 - URL: https://www.bryanschwartzlaw.com/press-release-isa-velez-has-joined-our-firm-as-a-summer-associate/ Bryan Schwartz Law, P. C. is pleased to announce that Isa Velez has joined the firm as a Summer Associate. Isa received the 2023 Employee Justice Summer Clerkship from the Foundation for Advocacy, Inclusion & Resources (FAIR) in support of her work at the firm. A student at the University of California College of the Law, San Francisco, Isa has served on the Hastings Public Interest Law Foundation executive board, interned with the National Lawyers Guild, and is a research assistant to support UC Law SF’s Professor Thalia González’s work in educational inequality, health justice, and restorative justice. Isa is concentrating in Social Justice Lawyering at UC Law SF. Isa has also advocated for clients under attorney supervision through the East Bay Community Law Center’s Health and Welfare practice, assisting clients through navigating the complicated public benefits process, supporting appeals for denial of benefits, and particularly supporting parents obtaining In-Home Supportive Services for their children with extraordinary needs. Further, she has advocated for workers’ rights through her work at Legal Aid at Work’s Workers’ Rights Clinic and UC Law SF’s Individual Representation Clinic, which handles wage and hour claims in the Labor Commissioner’s Office. Prior to attending law school, Isa graduated from Reed College, majoring in Political Science. She is dedicating her legal education and career towards advocating for individuals facing various forms of injustice and supporting movements addressing the underlying causes of these injustices. Attorney Bryan Schwartz opened the practice in January 2009. Bryan Schwartz Law, P. C. is... --- - Published: 2023-05-24 - Modified: 2026-03-24 - URL: https://www.bryanschwartzlaw.com/dangerous-of-teslas-coercive-arbitration-agreements-denounced-by-u-s-senators-courts/ Earlier this month, seven U. S. Senators wrote to Tesla CEO Elon Musk to detail harms caused by mandatory or coercive arbitration agreements that Tesla’s workers and purchasers regularly must sign. The letter describes the ills of confidentiality in arbitration and provides an overview of the ways that “Tesla appears to have long used arbitration agreements to provide itself effective immunity against a vast array of claims, from racial and gender discrimination to workplace sexual harassment. ” It comes at a time when courts, too, are refusing to compel Tesla employees to arbitration. At Bryan Schwartz Law, we know that such agreements are harmful for employees, consumers, and the public at large. See, e. g. , our posts here, here, here. As the Senators’ letter observes, mandatory arbitration agreements for employees mean that it is harder for the public to learn about deplorable workplace conditions, or for workers victimized by their employer to find one another. When the only remedy available to a worker is arbitration, the secrecy Tesla demands “significantly limit the extent to which the details of discriminatory conditions at the company may come to light. ” This allows Tesla to propagate division among its workers without consequence. It also forces workers to waive their right to bring suit on behalf of similarly situated workers. Hiding behind arbitration agreements, Tesla has perpetuated rampant racial discrimination against Black workers for years, even as committed plaintiffs like Marcus Vaughn, Titus McCaleb, Monica Chatman, and Evie Hall fight for equal treatment... --- - Published: 2023-05-24 - Modified: 2023-05-24 - URL: https://www.bryanschwartzlaw.com/fedex-hit-with-2-million-jury-award-to-deaf-worker-claiming-san-jose-supervisors-yelled-spit-on-him/ FedEx has been ordered by a jury to pay $2 million to a deaf worker, Younes Mchaar, who claimed that supervisors at the San Jose branch yelled at him and spit on him. Mchaar alleged that he faced disability discrimination and mistreatment at FedEx, both in Virginia and in San Jose. He stated that the company failed to provide proper accommodations and subjected him to abuse and harassment. The jury awarded him $2 million for back pay and emotional distress. FedEx disagreed with the verdict and is considering an appeal. This case comes after FedEx previously settled a lawsuit with the U. S. Equal Employment Opportunity Commission (EEOC) in 2020, where they agreed to pay $3. 3 million and provide accommodations for deaf and hard-of-hearing employees. FedEx claims to have complied with the terms of the settlement agreement. Read the full article in The Mercury News. --- > Marin County is facing a discrimination lawsuit filed by a Black deputy sheriff. The deputy alleges racial discrimination and a hostile work environment within the Marin County Sheriff's Office. If you believe that you have been discriminated against in the workplace, contact our Bay Area discrimination lawyers today. - Published: 2023-05-23 - Modified: 2023-05-23 - URL: https://www.bryanschwartzlaw.com/marin-faces-discrimination-suit-by-black-deputy-sheriff/ Marin County is facing a discrimination lawsuit filed by a Black deputy sheriff. The deputy sheriff alleges that he faced racial discrimination and a hostile work environment within the Marin County Sheriff's Office. The lawsuit seeks compensation for emotional distress, lost wages, and changes to department practices to prevent future discrimination. Read the full story here. --- > A Santa Clara County jury awarded $2 million to Younes Mchaar, a deaf former part-time package handler at FedEx Ground, who was repeatedly denied reasonable accommodations at the company's San Jose facility. - Published: 2023-05-15 - Modified: 2023-05-22 - URL: https://www.bryanschwartzlaw.com/jury-awards-millions-to-deaf-part-time-fedex-package-handler-denied-reasonable-accommodations/ JURY AWARDS MILLIONS TO DEAF, PART-TIME FEDEX PACKAGE HANDLER DENIED REASONABLE ACCOMMODATIONS For Immediate Release: May 15, 2023 J. Bernard Alexander, Esq. (310) 394-0888 Bryan Schwartz, Esq. (510) 444-9300 SAN JOSE, CA – Late Friday, a Santa Clara County jury awarded $2 million to Younes Mchaar, a deaf, low-wage, former FedEx Ground part-time package handler who was repeatedly denied reasonable accommodations and the interactive process at the company’s San Jose facility. Even after FedEx agreed to provide accommodations, he was denied live American Sign Language (ASL) interpreters for safety meetings and was denied Video Remote Interpreting (VRI) for daily meetings that all other package handlers attended. The jury verdict also found that FedEx failed to prevent this discrimination against him despite FedEx Ground having previously been sued by the U. S. Equal Employment Opportunity Commission (EEOC) on behalf of deaf package handlers nationwide. The EEOC and FedEx ultimately entered a consent decree, after Mr. Mchaar’s employment ended. FedEx sought to argue that Plaintiff was not harmed by the denied accommodations – but the jury strongly disagreed in its $2 million verdict for back wages and emotional distress. In FedEx’s closing argument, it took issue with Plaintiff blaming the individual FedEx managers, but Bernard Alexander, of Alexander Morrison + Fehr, LLP, of one of Mr. Mchaar’s lead attorneys, responded: “orporations have an obligation to manage down, to make sure that the rules that they have in place are actually followed. And if the company does not do that, the consequence is... --- > The Supreme Court rejected Tesla’s effort to avoid facing a class action that exposes the race discrimination and harassment that Black workers face every day at Tesla’s plant. Call our Bay Area discrimination lawyer if you need help with your case. - Published: 2023-04-13 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/tesla-tactic-to-stall-prosecution-of-race-discrimination-harassment-claims-fails-at-the-california-supreme-court/ For Immediate Release: April 12, 2023 Bryan Schwartz, Esq. (510) 444-9300 Larry Organ, Esq. (510) 453-4740 Michael Rubin, Esq. (415) 421-7151 OAKLAND, CA – Today, the California Supreme Court rejected Tesla’s most recent effort to avoid facing a class action that exposes the rampant race discrimination and harassment that Black workers face every day at Tesla’s Fremont plant. Earlier this year, Tesla asked the Supreme Court to review a decision from the Court of Appeal for the First District, after that court strongly rebuked Tesla’s latest attempt to use arbitration to avoid litigating the merits of the class action. The Supreme Court refused to review the Court of Appeal’s decision, which means that the Plaintiffs can finally proceed with their suit, instead of endlessly fighting off Tesla’s baseless efforts to force them into arbitration. As the Plaintiffs allege, Tesla’s purported commitment to idealistic progress is in stark contrast to the reality that thousands of its workers encounter when they arrive at the Fremont factory each day. Black workers’ supervisors and co-workers call them the N-word and other racial slurs with impunity. Black workers use bathrooms where they see graffiti featuring racist images and Nazi swastikas. Black workers are placed in the factory’s most difficult roles, without receiving the bonuses and opportunities for advancement that their non-Black peers enjoy. The reality is that, at the futuristic Tesla factory in Northern California, Black workers experience ongoing pre-Civil Rights Era-style race discrimination and harassment. Tesla has repeatedly tried to avoid accountability by forcing... --- > The California Supreme Court has denied Tesla’s appeal of a lower court ruling that allows Black employees to sue the company for damages. Read more here and call our Oakland discrimination attorney if you need legal help. - Published: 2023-04-13 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/workers-can-seek-order-requiring-tesla-to-address-racism-state-supreme-court-says/ The California Supreme Court has denied Tesla’s appeal of a lower court ruling that allows Black employees to sue the company for damages and seek a public injunction to change Tesla's discriminatory practices for all workers. Bryan Schwartz stated that the lawsuit would proceed as a class action, potentially on behalf of thousands of employees. Tesla has faced multiple accusations of racial discrimination at the Fremont plant. The appeals court ruled that an injunction against employment discrimination would benefit the public at large. Read the full story here. --- > Read the latest news regarding the Tesla discrimination lawsuit here. Call our San Francisco discrimination lawyer if you believe you have a case. - Published: 2023-04-13 - Modified: 2023-04-13 - URL: https://www.bryanschwartzlaw.com/tesla-race-discrimination-case-skipped-by-top-state-court/ Joyce E. Cutler Staff Correspondent California high court refuses to consider appellate ruling Second loss this month for Tesla defending race claims Tesla Inc. ’s bid to force two Black workers to arbitrate their discrimination claims was spurned Wednesday by the California Supreme Court. The court’s seven justices, during their weekly conference, declined without comment the automaker’s request to review an appellate ruling that the workers also can pursue a public injunction against the company under the California Fair Employment and Housing Act. The California Court of Appeal, First District, in January held the arbitration agreements Monica Chatman and Evie Hall signed when they became direct employees of Tesla, and which obligated them to arbitrate claims arising out of their employment, don’t extend to claims of prior workplace race bias they experienced while working for the company through a staffing agency. Chatman and Hall seek to represent a subclass of workers who worked for staffing agencies for a portion of the time they worked at Tesla’s factory. They seek to enjoin Tesla from failing to prevent race discrimination and harassment against Black and/or African-American workers, to implement effective policies to prevent and correct harassment, and require mandatory training. The women had joined a state court race discrimination lawsuit filed by co-worker Marcus Vaughn in 2017 alleging Tesla is a hotbed of racism. Workers at Tesla’s Fremont, Calif. , plant claim Black employees are subjected to a racially hostile environment, including regular racial slurs by supervisors and other co-workers. The appeals... --- > The State Department has made changes to make it easier for people with disabilities to join the Foreign Service. If you need help with your case, contact our Oakland disability discrimination lawyers. - Published: 2023-04-06 - Modified: 2023-04-06 - URL: https://www.bryanschwartzlaw.com/state-dept-settlement-lowers-barriers-for-foreign-service-applicants-with-disabilities/ The State Department has changed its medical clearance requirements to make it easier for people with disabilities to join the Foreign Service. The department has paid out over $37 million to settle claims of disability discrimination, and the new policy requires applicants to meet a minimum medical qualification standard to serve at designated Regional Medical Evacuation Centers. Read the full story here. --- > Workers have been responding to a decision by the Supreme Court forcing employees to sacrifice their rights to enforce worker protections in court. Read more here. Call our San Francisco employment attorney if you need help. - Published: 2023-03-31 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/restoring-paga-california-courts-reinforce-common-sense-worker-protections-rejecting-employers-reliance-on-us-supreme-court-decision-in-viking-river/ Workers and their advocates have been responding to a complicated decision by the United States Supreme Court last year that employers are invoking to seek to force employees to sacrifice their rights to enforce worker protections in court. Fortunately, California Courts of Appeals stepped in recently to clarify an issue of state law that was teed up by the U. S. Supreme Court, to the benefit of workers state-wide. This is the latest development in a long-term campaign by big business and its allies in the conservative U. S. Supreme Court to force employees into arbitration using mandatory, pre-dispute arbitration agreements. Employers often force employees to sign pre-dispute, individual arbitration agreements as a condition of employment. The California Legislature attempted to ban this practice in a law known as AB-51, but the 9th Circuit Court of Appeals struck down the law last month in Chamber of Commerce v. Bonta. When faced with unlawful conduct in the workplace, arbitration agreements require employees to adjudicate disputes on an individual basis in arbitration rather than court, which disproportionately results in victories for employers. Over the past dozen-plus years, the U. S. Supreme Court has issued numerous decisions making it easier for employers to use mandatory arbitration agreements to stack the deck and avoid being held responsible for illegal employment practices. Claims brought using one important California worker protection law could not be forced into arbitration, according to landmark 2014 California Supreme Court decision Iskanian v. CLS Transportation. This decision concerns the Labor Code... --- > Bryan Schwartz negotiated a groundbreaking legal settlement. If you need assistance with your disability discrimination case in the Bay Area, contact Bryan Schwartz Law, P.C. today. - Published: 2023-03-30 - Modified: 2026-04-15 - URL: https://www.bryanschwartzlaw.com/legal-victory-for-disabled-workers/ After a 17-year-long case, Bryan Schwartz '94 negotiated a groundbreaking legal settlement which ends unlawful disability discrimination in the U. S. Foreign Service. This settlement will remove barriers for disabled workers, allowing them to access careers in the U. S. Foreign Service. Source --- > The U.S. Equal Employment Opportunity Commission has approved a class settlement overhauling a decades-old medical clearance system which had led to illegal discrimination in the U.S. Foreign Service against people with mental health conditions or other disabilities. To learn more, contact our discrimination lawyers in the Bay Area. - Published: 2023-03-24 - Modified: 2023-03-24 - URL: https://www.bryanschwartzlaw.com/people-with-ms-now-eligible-for-us-foreign-service/ The U. S. Equal Employment Opportunity Commission approved a class settlement that changed the medical clearance system to end illegal discrimination in the U. S. Foreign Service against people with mental health conditions or other disabilities, such as MS. The settlement provides more than 100 employment opportunities for disabled applicants, as well as a $37. 5 million payment to class members. Read the full story here. --- > The EEOC approved a landmark settlement in the Meyer, et al. v. Blinken (Department of State) case, which sets new standards for medical clearance in the US Foreign Service. To learn more, contact our San Francisco discrimination attorney. - Published: 2023-03-21 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/legal-settlement-removes-barriers-for-disabled-workers-and-opens-worldwide-employment-in-the-us-foreign-service/ The EEOC approved a settlement in the Meyer, et al. v. Blinken (Department of State) case, a lawsuit brought by people with disabilities who had been unlawfully discriminated against in the US Foreign Service. The class settlement offers over 100 immediate job opportunities to class members, as well as a $37. 5 million payment and an average net distribution of over $150,000 per class member. Two class agents, Doering Meyer and Ryan Gibson, stepped forward and were able to receive waivers and pursue their dreams of a career in the Foreign Service. Click here to learn more. --- > The U.S. Department of State has agreed to pay $37.5 million to settle a class action suit alleging it unfairly denied individuals with disabilities from obtaining Foreign Service jobs. To learn more about the case, call our Oakland discrimination lawyers today. - Published: 2023-03-21 - Modified: 2023-03-21 - URL: https://www.bryanschwartzlaw.com/state-department-settles-multimillion-dollar-disability-discrimination-suit/ The U. S. Department of State has agreed to pay millions of dollars to plaintiffs in a class action suit alleging they unfairly denied individuals with disabilities access to Foreign Service jobs. The settlement includes a $37. 5 million payment to more than 230 individuals whose employment was either delayed or denied. The State Department is also extending conditional job offers to the individuals included in the class-action suit. This settlement is an important step in the State Department's efforts to create a diverse workforce. Click here to read the full story. --- > Our own Bryan Schwartz is featured in this article by Law360 regarding winning a $38 million settlement. Contact our Oakland discrimination attorney to discuss your case. - Published: 2023-03-21 - Modified: 2023-03-21 - URL: https://www.bryanschwartzlaw.com/disabled-foreign-service-applicants-win-38m-settlement/ A U. S. Equal Employment Opportunity Commission judge signed off on a $37. 5 million settlement between the U. S. Department of State and a class of would-be foreign service officers with disabilities, ending a long fight over the department's requirement that all applicants get a medical clearance saying they can serve anywhere in the world. The agreement does away with the U. S. Department of State's requirement that all applicants for career foreign service roles get a strict medical clearance. (Celal Gunes/Anadolu Agency) Administrative Judge R. Colin Power issued an order Friday granting final approval of the agreement in the EEOC's Philadelphia District Office. In addition to the hefty payout to the 244-member class, the agreement revises the State Department's medical clearance policy, doing away with the requirement that all applicants for career foreign service roles get a strict medical clearance that said they had "no identifiable medical condition" that would affect their service anywhere across the globe. "The resolution in the matter is extraordinarily beneficial for not only the 244 class members but future career candidates of the U. S. Foreign Service with disabilities, records of disabilities, and perceived disabilities," Judge Power said. The settlement, which was first reached in December 2022, ends well over a decade of litigation in the EEOC's federal-sector complaint process, which is separate from how that agency handles charges of discrimination against private employers. Class member Doering Meyer, who has multiple sclerosis, first filed an internal complaint alleging disability discrimination in 2007. The... --- - Published: 2023-03-20 - Modified: 2026-04-10 - URL: https://www.bryanschwartzlaw.com/state-department-settles-17-year-old-lawsuit-over-foreign-service-jobs/ A settlement for a case that began in 2006 and Bryan Schwartz has been the lead counsel for, has been finalized between the U. S. Department of State and more than 200 class action members who alleged that the Department of State’s Foreign Service medical clearance policy illegally discriminated against job candidates with disabilities. The department has been ordered to pay close to $38 million, which is more than $100,000 per class action member. Read the full story here. --- > The State Department is lowering the medical threshold job applicants must meet to qualify for Foreign Service positions. To learn more, call our employment lawyers in Bay Area. - Published: 2023-03-20 - Modified: 2023-03-21 - URL: https://www.bryanschwartzlaw.com/state-to-end-severe-restrictions-on-disabled-individuals-entering-foreign-service/ The State Department has announced a new policy making it easier for disabled individuals to qualify for Foreign Service positions. The change follows a 2006 lawsuit claiming the department was discriminating against disabled employees. Under the new policy, employees will only have to be cleared to work—with or without accommodations—at the four best-resourced posts. The agreement was approved by the Equal Employment Opportunity Commission, and they will monitor its implementation for the next five years. Read the full story here. --- > A settlement has been reached in the Meyer, et al. v. Blinken (Department of State) case, which overhauls the medical clearance system used in the US Foreign Service. For more information, please contact our Bay Area discrimination law firm. - Published: 2023-03-17 - Modified: 2025-02-11 - URL: https://www.bryanschwartzlaw.com/legal-settlement-removes-barriers-for-disabled-workers-opens-worldwide-employment-in-the-us-foreign-service/ PRESS RELEASE For Immediate Release: March 17, 2023 Bryan Schwartz Law, P. C. Negotiates Historic $37. 5M Settlement with the Department of State to Redress those Denied Employment Oakland, CA -- Today, a settlement was approved in the historic Meyer, et al. v. Blinken (Department of State) case. This landmark settlement overhauls a medical clearance system in place for decades which led to unlawful disability discrimination in the US Foreign Service. The case commenced in 2006 and continued through contentious litigation until the settlement was signed in December 2022. Today, the U. S. Equal Employment Opportunity Commission (EEOC) approved the class settlement. Lead Class Counsel Bryan Schwartz of Bryan Schwartz law said it plainly. “In the past, people with disabilities were stereotyped as unable to serve their country in the Foreign Service. They were considered too risky to send abroad. They were, in fact, able and willing to serve with distinction. Through this important case, we have given them that opportunity. ” The class included all qualified applicants to the Foreign Service beginning on October 7, 2006, who were denied employment, or whose employment was delayed pending application for and receipt of a waiver, because the State Department deemed them not “Worldwide Available” due to their disability. The class settlement delivers a sweeping policy change netting over 100 immediate job opportunities to class members. It also means a $37. 5M payment to the class in this case – which amounts to over $150K/gross per class member, over $100K net, on... --- - Published: 2023-03-16 - Modified: 2023-03-17 - URL: https://www.bryanschwartzlaw.com/state-dept-agrees-to-pay-37m-to-settle-disability-discrimination-lawsuit/ The State Department, settling a lawsuit spanning nearly two decades, is easing some restrictions that plaintiffs say unfairly denied Foreign Service jobs to individuals with disabilities. The department announced in January it reached a settlement in a class-action lawsuit filed more than 16 years ago, which challenged the standard of medical clearance for prospective diplomats to join the Foreign Service. The State Department has agreed to pay more than $37 million to settle longstanding claims of disability discrimination, after the department rejected or delayed hiring more than 230 individuals who were unable to obtain a “Class 1” or “Worldwide Available” medical clearance. Plaintiffs in the lawsuit argued the department’s standards violated the Rehabilitation Act, which prohibits agencies from using an individual’s disability as grounds to deny them federal employment. The State Department, in a memo to all diplomatic and consular posts, said the department chose to settle the longstanding lawsuit in a way that “provides benefits and certainty to the class and to the department now, instead of prolonging the disagreement. ” The agency said its settlement also aligns with ongoing efforts to build a more diverse and inclusive workforce. “Our greatest accomplishments are achieved when diverse, dynamic perspectives power our diplomatic efforts,” the agency wrote. Bryan Schwartz, an attorney representing plaintiffs in the lawsuit, said the settlement will shift department hiring practices that have been in place for decades. “The core of the issue is the State Department was prohibiting people with disabilities from entering careers as Foreign Service... --- --- ## City-State > Bryan Schwartz Law, P.C., provides reliable legal representation for workers facing adverse actions. Contact our Oakland retaliation lawyers. - Published: 2026-03-23 - Modified: 2026-03-23 - URL: https://www.bryanschwartzlaw.com/citystate/oakland-retaliation-lawyers/ Standing up for your rights in the workplace takes immense courage. Employees who report discrimination, harassment or illegal activities often fear that their employer will punish them for speaking out. This fear is unfortunately grounded in reality for many workers in California. When an employer punishes an employee for engaging in a protected activity, it constitutes workplace retaliation. This illegal conduct can derail careers, cause significant financial loss and create a hostile work environment. At Bryan Schwartz Law, P. C. , we understand the nuances of California and federal employment law. Our Oakland retaliation lawyers are dedicated to protecting workers who have the courage to voice concerns about unlawful behavior. If you complained about discrimination or another unlawful activity and subsequently suffered negative consequences at your job, you may have grounds for a legal claim. Understanding Workplace Retaliation Claims Many employees worry that they must prove the original discrimination occurred to win a retaliation claim. However, the law provides broader protection. To establish a claim, you do not need to prove that you were correct in your original allegation of discrimination or unlawful activity. You simply must demonstrate that your belief was reasonable when you voiced your complaint. Retaliation manifests in various ways, ranging from subtle shifts in workplace dynamics to obvious disciplinary measures. To build a successful case, a plaintiff must show that they reported the matter (usually to a manager other than the one involved in the misconduct) and that the employer subsequently took adverse action. Common forms... --- > Bryan Schwartz Law, P.C. provides dedicated representation as Bay Area Workplace Harassment Attorneys. We fight to protect your rights and recover damages for unlawful treatment. Contact us today. - Published: 2026-02-09 - Modified: 2026-02-09 - URL: https://www.bryanschwartzlaw.com/citystate/bay-area-workplace-harassment-attorneys/ Workplace Harassment Attorneys Bay Area Going to work should be about your career, your contribution to the company and your livelihood. It should never be a place where you are forced to endure abuse, intimidation or inappropriate behavior. Unfortunately, many employees face unlawful treatment that creates a hostile or abusive environment. When this happens, employees must understand the legal avenues available to protect their dignity and professional future. Bryan Schwartz Law, P. C. is dedicated to fighting for workers who have been subjected to illegal harassment. Our Bay Area workplace harassment attorneys work strategically to hold employers accountable and seek justice for those who have been wronged. Identifying Unlawful Conduct In The Workplace Harassment is a specific form of discrimination that violates both state and federal laws. It is not limited to simple teasing or offhand comments. To be considered unlawful, the behavior must be based on a protected characteristic. Generally, harassment falls into two specific categories that employees should recognize: Hostile Work Environment: This occurs when conduct is severe enough to create an abusive work setting. It fundamentally alters the conditions of your employment and makes it difficult to perform your job duties. Quid Pro Quo: This type of harassment involves a person in a position of power, such as a manager or supervisor, conditioning employment benefits on the acceptance of inappropriate conduct. This might include promising a promotion in exchange for sexual favors or threatening termination if an employee refuses. Understanding these distinctions is the first step toward... --- > Bryan Schwartz Law, P.C. provides experienced representation for San Francisco unlawful termination cases. If you were fired illegally, contact us to protect your rights and seek justice. - Published: 2026-01-11 - Modified: 2026-01-11 - URL: https://www.bryanschwartzlaw.com/citystate/unlawful-termination-lawyer-san-francisco/ San Francisco Unlawful Termination Lawyer If you have been fired from your job for what you believe is an illegal reason, you may be feeling a mix of confusion and anger. Losing a job is stressful enough without the added burden of suspecting that your rights were violated in the process. At Bryan Schwartz Law, P. C. , we recognize the emotional toll that unlawful termination takes on workers. Our unlawful termination lawyer in San Francisco fights for justice on behalf of employees who have been wronged. Understanding Unlawful Termination in the Bay Area In California, employment is considered "at-will," meaning an employer can terminate an employee at any time, for any reason or for no reason at all, as long as the reason is not illegal. However, there are crucial exceptions. Terminating an employee on the grounds of discrimination, retaliation, or a breach of public policy is against the law. If you believe your firing was motivated by your race, gender, disability or because you stood up against illegal activity, you may have grounds for a lawsuit. Proving unlawful termination can be complex. It often involves demonstrating a causal link between a protected activity (like filing a complaint) and the adverse action (firing) taken against you. Retaliation Claims: If you complain about discrimination or unlawful activity and are fired shortly after, you may have a retaliation claim. Whistleblower Protections: Employees who report fraud, safety violations or gross mismanagement are protected under various state and federal laws. Adverse Actions: Unlawful... --- > Bryan Schwartz Law, P.C. represents employees who have been punished for speaking up. Contact our San Francisco workplace retaliation attorney. - Published: 2025-12-09 - Modified: 2025-12-09 - URL: https://www.bryanschwartzlaw.com/citystate/san-francisco-workplace-retaliation-attorney/ Workplace Retaliation Attorney San Francisco Employees who raise concerns about workplace discrimination or unlawful activity shouldn't have to worry about facing negative consequences. Unfortunately, workplace retaliation is all too frequent in California workplaces. If speaking up has led to demotion, termination or other adverse actions, you may have grounds for a claim. Bryan Schwartz Law, P. C. is a San Francisco workplace retaliation attorney who is dedicated to protecting employees' rights. Our firm has successfully recovered tens of millions of dollars for workers who stood up against injustice. Understanding Workplace Retaliation Workplace retaliation occurs when an employer takes detrimental action against an employee for exercising a legally protected right or engaging in a legally protected activity. This often happens after you complain about discrimination, harassment, safety violations or other unlawful conduct. The law protects your right to speak up without fear of punishment. To establish your retaliation claim, you'll need to demonstrate three key elements: Protected Activity: You complained about discrimination, illegal conduct or participated in an investigation. Your belief doesn't need to be proven correct; it simply must have been reasonable when you made the complaint. Adverse Action: Your employer took negative action against you, such as termination, demotion, reduced performance evaluations, unwarranted investigations or hostile treatment. Causal Connection: The adverse action occurred because of your complaint, typically demonstrated by timing, often within days, weeks or months of your protected activity. The Impact of Workplace Retaliation Retaliation can devastate your career and financial stability. Beyond losing your job or... --- > If you've witnessed fraud or misconduct, our Bay Area whistleblower lawyer at Bryan Schwartz Law, P.C. can help you take action. - Published: 2025-11-18 - Modified: 2025-11-18 - URL: https://www.bryanschwartzlaw.com/citystate/bay-area-whistleblower-lawyer/ Whistleblower Lawyer Bay Area Speaking up against wrongdoing in the workplace takes immense courage. A whistleblower is an individual who reports misconduct, such as fraud, violations of law, or abuse of authority. These courageous individuals are vital for upholding transparency and accountability across both public and private sectors. At Bryan Schwartz Law, P. C. , we understand the risks involved. Our Bay Area whistleblower lawyer is dedicated to defending the rights of those who stand up for what is right. We'll help you take steps if you witnessed misconduct. What Protections Do Whistleblowers Have? Federal and state laws are in place to protect whistleblowers from retaliation and to encourage the reporting of wrongdoing. These laws address various concerns, guaranteeing employees the ability to report misconduct without the fear of reprisal, such as job loss or other adverse outcomes. When reporting unlawful conduct, employees are protected under key laws and regulations: The Federal False Claims Act: This act is one of the most powerful tools for whistleblowers. This provision empowers private citizens to initiate legal action on the government's behalf against companies or individuals who have defrauded federal programs. Successful lawsuits may entitle the whistleblower to a portion of the recovered funds. Environmental, Health and Safety Laws: Employees who expose breaches in environmental or workplace safety laws are legally protected. These laws oversee that companies are held accountable for actions that could harm the public or their workers. Securities Regulations: Whistleblowers who report violations of securities laws to the Securities and... --- - Published: 2025-09-29 - Modified: 2025-09-29 - URL: https://www.bryanschwartzlaw.com/citystate/oakland-ca/ Discrimination Attorney Employment Lawyer Discrimination Lawyer Wrongful Termination Attorneys Wage and Hour Lawyers Discrimination Lawyer Federal Employee Rights Attorney Discrimination Attorneys --- - Published: 2025-09-29 - Modified: 2025-12-11 - URL: https://www.bryanschwartzlaw.com/citystate/san-francisco-ca/ Discrimination Attorney Employment Lawyers Discrimination Lawyers Wage and Hour Attorneys Federal Employee Lawyer Employment Law Attorney Wage and Hour Lawyer Wrongful Termination Attorney Attorney for Federal Employees Discrimination Lawyers Employment Lawyer Discrimination Attorney Discrimination Lawyer Workplace Retaliation Attorney --- > Take a stand against workplace harassment with talented discrimination attorneys for employees in North California. Contact Bryan Schwartz Law, P.C. - Published: 2025-08-13 - Modified: 2025-08-13 - URL: https://www.bryanschwartzlaw.com/citystate/discrimination-attorneys-for-employees-in-northern-california/ Northern California Discrimination Attorneys for Employees Workplace discrimination is a complex issue that warrants legal attention to protect each employee's dignity and fundamental rights. At Bryan Schwartz Law, P. C. , we understand how devastating it can be to experience unfair treatment at your job. Discrimination not only threatens your financial stability but also impacts your emotional well-being and confidence at work. You're not alone—seek help from our team of discrimination attorneys for employees in Northern California. Addressing Workplace Discrimination Workplace discrimination occurs when an employee is harassed or targeted based on a protected characteristic such as race, gender, age or religion. Discrimination takes many forms, including unequal pay, missed promotions, wrongful termination or being passed over for assignments. Sometimes, even company policies that appear neutral can disproportionately harm certain groups of employees. According to California’s Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act, workers in Northern California have rights that employers must respect. Whether the discrimination is overt or subtle, it is illegal, and you have the power to fight it. How Discrimination Can Impact Employees Workplace discrimination does more than harm your career; it can disrupt every area of your life. From mental health issues like stress and anxiety, to financial strain due to lost wages or promotions, the consequences can be significant. Sometimes, even filing a complaint to address the issue can lead to illegal retaliation such as unfair treatment, further isolation or termination. The lasting effects of discrimination also... --- > Bryan Schwartz Law, P.C. proudly represents employees facing challenging situations. Protect your rights with our wage & hour attorney in the Bay Area. - Published: 2025-07-07 - Modified: 2025-07-07 - URL: https://www.bryanschwartzlaw.com/citystate/wage-hour-attorney-bay-area/ Wage & Hour Attorney Bay Area When your hard-earned money is at stake, understanding your rights as an employee is essential. Unfortunately, wage theft and unlawful employment practices are far too common, leaving workers shortchanged and overwhelmed. At Bryan Schwartz Law, P. C. , we stand by employees. Our wage & hour attorney in the Bay Area helps clients pursue the fair compensation they deserve for their work. Understanding Wage and Hour Issues Wage and hour issues can arise in many forms, impacting employees across various industries. Common problems include unpaid overtime, withheld tips or failure to provide proper meal and rest breaks. For many workers in California, additional complexities such as double-time pay or penalty pay for missed breaks can lead to further confusion and exploitation. Employers may try to circumvent labor laws by cutting corners, misreporting hours worked, requiring unpaid off-the-clock work or failing to provide accurate paychecks. Unfortunately, such violations are not always immediately noticeable, leaving many employees unsure if they're being treated unfairly. The Impact of Wage and Hour Violations The consequences of wage theft and other violations go beyond the financial losses. For many workers, missed wages can significantly affect their ability to cover living expenses, feed their families or save for the future. Beyond the monetary toll, dealing with workplace exploitation can also create immense stress, a sense of powerlessness and confusion about how to hold employers accountable. The situation may feel overwhelming, but you don’t have to face it alone. Legal action can... --- > At Bryan Schwartz Law, P.C., our discrimination attorney in Oakland helps employees fight back against unfair treatment. - Published: 2025-05-11 - Modified: 2025-06-04 - URL: https://www.bryanschwartzlaw.com/citystate/discrimination-attorney-oakland/ Oakland Discrimination Attorney When faced with discrimination at work, it can feel both isolating and overwhelming. No one deserves to be treated unfairly based on protected characteristics. Bryan Schwartz Law, P. C. provides a guiding hand to help workers fight back against employment discrimination. With the help of our discrimination attorney in Oakland, reclaiming your rights is within reach. Understanding Employment Discrimination Employment discrimination occurs when an employer treats an individual or group unfairly based on traits protected under federal or California state law. These protected classifications include race, gender, disability, age and more. Discrimination may arise in various forms, from wrongful termination and reduced pay to denied promotions or biased hiring practices. Many times, direct evidence of discrimination, such as explicit comments or documents, is absent. However, Bryan Schwartz Law, P. C. understands that injustice often operates subtly. Evidence, such as discrepancies in pay or differential treatment compared to similarly situated peers, is sufficient to build a case against unlawful discriminatory practices. The Impact of Workplace Discrimination Discrimination in the workplace carries heavy consequences, not just professionally, but personally as well. The loss of career opportunities, unfair treatment and continued discrimination can cause financial strain, impact mental health and leave individuals uncertain about their professional future. Workplace inequality also undermines morale, affects productivity and perpetuates a culture of exclusion. By holding employers accountable, workers not only address their individual experience, but also pave the way for broader changes in workplace culture. How Hiring a Discrimination Attorney in Oakland Can... --- > Face workplace challenges head-on with a talented federal employment attorney in the Bay Area at Bryan Schwartz Law, P.C. - Published: 2025-04-28 - Modified: 2025-04-28 - URL: https://www.bryanschwartzlaw.com/citystate/federal-employee-attorney-bay-area/ Federal Employee Attorney Bay Area If you're a federal employee facing challenges in the workplace, you may feel overwhelmed navigating the complex maze of employment laws. Discriminatory practices and harassment can take a significant toll on your career, finances and emotional well-being. At Bryan Schwartz Law, P. C. , we understand the stakes involved. Our federal employment attorney in the Bay Area is committed to advocating for your rights. Unique Challenges for Federal Employees Federal employees operate under distinct employment systems that differ from private-sector jobs. For example, you might face issues like security clearance denial, discriminatory practices or improper disciplinary actions such as demotions or terminations. The legal landscape for federal employees involves complex procedures, such as filing complaints through the Equal Employment Opportunity Commission (EEOC) or appealing adverse decisions to the Merit Systems Protection Board (MSPB). Unfortunately, many federal employees experience resistance or intimidation when they choose to speak up. Agencies may abuse their power or attempt to suppress your voice. These challenges highlight the importance of understanding your rights under federal employment laws and having the right support to protect them. The Impact of Workplace Struggles Workplace injustices can leave lasting impacts beyond just your job. Experiencing discrimination or retaliation can lead to long-term stress, financial strain, career setbacks and emotional distress. Failing to address issues like unequal pay or violations of your constitutional rights can worsen your situation over time. If you've been wrongfully terminated, unfairly disciplined or denied promotions due to factors beyond your control,... --- > Discover how Bryan Schwartz Law, P.C. helps employees as their wage & hour lawyers in Northern California. - Published: 2025-03-12 - Modified: 2025-03-12 - URL: https://www.bryanschwartzlaw.com/citystate/wage-hour-lawyers-northern-california/ Wage & Hour Lawyers Northern California Are you being denied the fair pay and breaks you are entitled to under California’s wage and hour laws? Missing out on the compensation you’ve earned doesn’t just hurt your paycheck—it impacts your well-being, your plans for the future and your ability to provide for your loved ones. At Bryan Schwartz Law, P. C. , our wage & hour lawyers in Northern California stand up for workers like you, fighting to correct wage violations and hold employers accountable for their unlawful practices. The Reality of Wage & Hour Issues California has some of the most robust wage and hour protections in the nation. These laws entitle employees to fair pay for their work, proper overtime compensation, meal and rest breaks and accurate paycheck information. Despite these established rights, many employers disregard these laws, either through negligence or intentional practices like misclassifying employees, withholding overtime pay or failing to provide legally required breaks. For example, did your employer deny you overtime pay after working over 8 hours in a single day? Were you required to skip meal and rest breaks without compensation? Unfortunately, these practices occur frequently, leaving workers underpaid and overburdened. The Consequences of Wage & Hour Violations The impact of wage violations extends far beyond your paycheck. Unlawful practices can cause stress, financial strain and emotional frustration. Many employees feel powerless when they suspect wage theft or other violations, unsure how to approach their employer or whether they even have a valid case.... --- > Wrongful termination is illegal. Understand possible legal recourse with our wrongful termination attorneys in Oakland at Bryan Schwartz Law, P.C. - Published: 2025-02-09 - Modified: 2025-04-24 - URL: https://www.bryanschwartzlaw.com/citystate/wrongful-termination-attorneys-oakland/ Wrongful Termination Attorneys Oakland Understanding your rights as an employee is essential to safeguarding your career and livelihood. Losing a job is always challenging, but when your termination is illegal, the impact can be life-altering. Bryan Schwartz Law, P. C. is here to stand with you. If you've been wrongfully terminated, you deserve quality legal representation. Our wrongful termination attorneys in Oakland are ready to help you pursue justice. What is Wrongful Termination? Wrongful termination occurs when an employer illegally dismisses an employee, violating state, federal or contractual rights. While most employment relationships in the United States are "at-will," meaning employers can terminate workers without notice or reason, there are critical exceptions. Termination becomes unlawful if it is based on discrimination, retaliation, public policy violations or breaches of employment contracts. At Bryan Schwartz Law, P. C. , we help clients recognize situations where their termination may have been unjust and provide them with the tools to fight back. Legal Protections for Employees Employees are protected by a range of state and federal laws designed to enforce fair workplace practices. For instance: The Civil Rights Act of 1964 protects employees from discrimination based on race, color, gender, national origin or religion. California’s Fair Employment and Housing Act (FEHA) offers broad protections for employees, including stricter anti-discrimination standards. The Family and Medical Leave Act (FMLA) safeguards employees who need to take leave for personal or family medical issues. Whistleblower protections let employees report illegal activities without fear of retaliation. Understanding these protections... --- > Bryan Schwartz Law, P.C. is a leading Northern California federal employee lawyer firm, dedicated to protecting the rights and interests of federal employees facing workplace challenges. - Published: 2024-12-24 - Modified: 2024-12-24 - URL: https://www.bryanschwartzlaw.com/citystate/northern-california-federal-employee-lawyer/ Northern California Federal Employee Lawyer Federal employees are the backbone of our national workforce, serving in various capacities to uphold and implement the laws and policies that govern the United States. Yet, these dedicated individuals often face distinct challenges in the workplace, including discrimination, retaliation and unjust disciplinary actions. Understanding and asserting federal employee rights is crucial in navigating these challenges. Our Northern California federal employee lawyer at Bryan Schwartz Law, P. C. stands at the forefront of advocating for workers. The Rights of Federal Employees Federal employees benefit from a set of rights and protections designed to address the specific nature of their employment. These rights ensure that federal employees are treated fairly and can perform their duties without fear of unjust repercussions. Protection Against Discrimination Federal employees are protected under robust anti-discrimination laws. These laws prohibit any form of discrimination based on race, religion, sex, age, disability and other characteristics. At Bryan Schwartz Law, P. C. , we are familiar with handling Equal Employment Opportunity Commission (EEOC) complaints, an essential avenue for federal employees to pursue justice when facing discrimination. Our team’s experience spans numerous successful resolutions, making us a formidable advocate for your rights. Whistleblower Protections Federal employees play a critical role in identifying and reporting wrongdoing within government agencies. Whistleblower protections are in place to enable employees to report illegal or unethical activities without fear of retaliation. This protection is a cornerstone of maintaining transparency and accountability within federal operations. Our firm has a proven track... --- > Bryan Schwartz Law, P.C., your trusted Bay Area discrimination attorney, is committed to fighting for employees' rights and ensuring justice in cases of workplace discrimination. - Published: 2024-12-07 - Modified: 2024-12-07 - URL: https://www.bryanschwartzlaw.com/citystate/bay-area-discrimination-attorney/ Bay Area Discrimination Attorney In today's diverse workforce, the importance of addressing employment discrimination cannot be overstated. Workplace discrimination not only undermines the principles of fairness and equality but also deprives individuals of opportunities based on prejudicial perceptions. At Bryan Schwartz Law, P. C. , our Bay Area discrimination attorney advocates for those facing such injustices. With a proven track record of success, our firm is relentless in advocating for employee rights so that workplaces are equitable for all. Understanding Employment Discrimination Discrimination is mistreatment based on an employee’s protected status, such as race, gender or age. Workplace discrimination occurs in various forms, each with its own distinct challenges and implications: Denying Promotions: Qualified employees are overlooked for advancement based on their protected characteristics. Wrongful Termination: An employee's contract is terminated due to discriminatory reasons rather than performance or conduct. Unfair Work Assignments: Less desirable tasks or limited opportunities are assigned based on personal biases against certain groups. Harassment: Behavior that creates a hostile work environment, including offensive jokes, slurs or inappropriate comments, is engaged in. Retaliation: Employees are punished for reporting discrimination or participating in discrimination investigations or litigation. Exclusion from Opportunities: Certain employees are deliberately left out of training programs or projects that can enhance career progression. Discrimination can take many forms in the workplace, such as wrongful termination, denial of promotions or creating a hostile work environment. These actions not only violate the trust between employer and employee but also breach federal and state employment laws. Legal... --- > If you are experiencing wage and hour violations, consulting with Oakland wage and hour lawyers can provide the necessary legal support to reclaim your rights and seek the compensation you deserve. - Published: 2024-09-17 - Modified: 2025-04-24 - URL: https://www.bryanschwartzlaw.com/citystate/oakland-wage-and-hour-lawyers/ Oakland Wage and Hour Lawyers Navigating the complexities of employment laws can be daunting, especially when you suspect your employer is not compensating you fairly. Wage and hour violations, including overtime violations, are more common than many realize. Employees who find themselves working beyond their scheduled hours without appropriate compensation should take immediate legal action. Partnering with seasoned Oakland wage and hour lawyers at Bryan Schwartz Law, P. C. can be crucial in reclaiming your rights and seeking the compensation you are owed. Overtime and Wage & Hour Laws in California California has stringent laws in place to protect employees from wage and hour violations. Under California law, most employees are entitled to overtime pay at 1. 5 times their regular rate when they work over 40 hours in a week or over 8 hours in a single day. Additionally, working over 12 hours in a day warrants double-time pay. These protections ensure that workers are fairly compensated for their time and effort. Common Types of Wage and Hour Violations Unpaid Overtime: Employers may fail to pay employees for overtime hours worked, either intentionally or because they wrongly classify the employee as “exempt” from overtime pay. Meal and Rest Break Violations: California employees are entitled to a 30-minute unpaid meal period if they work more than five hours, and two 10-minute paid rest periods for every four hours worked. Missing these breaks entitles employees to additional compensation. Wage Theft: This includes practices such as dipping into employee tips, shaving time... --- > Bryan Schwartz Law, P.C., a group of employment lawyers in San Francisco, defends employee rights against workplace discrimination and harassment. - Published: 2024-07-02 - Modified: 2024-07-02 - URL: https://www.bryanschwartzlaw.com/citystate/employment-lawyers-san-francisco/ Employment Lawyers San Francisco In today’s professional environment, understanding and defending your workplace rights is more crucial than ever. Workplace discrimination and harassment are pervasive issues that can significantly undermine an employee's professional and personal well-being. At Bryan Schwartz Law, P. C. , our mission is to champion the rights of employees, providing legal strategies to address unfair treatment in the workplace. Our team of seasoned employment lawyers in San Francisco brings a wealth of experience and a steadfast commitment to justice, ensuring that your rights are not only recognized but fervently protected. Understanding Workplace Discrimination Workplace discrimination occurs when an employee is unfairly treated based on immutable characteristics such as race, gender, age, disability or sexual orientation. This injustice can manifest in various forms, ranging from unequal pay and denial of promotions to subtler yet equally damaging forms of exclusion and marginalization. Discrimination not only affects the individual’s career trajectory but can also lead to a deteriorating work environment, impacting productivity and mental health. If you believe you have been subjected to workplace discrimination, it’s important to address the matter alongside a knowledgeable attorney. The Many Forms of Harassment Harassment, a specific form of discrimination, creates an environment that is hostile, intimidating, or offensive to the employee. It encompasses behaviors that belittle, intimidate, or exclude individuals based on their protected characteristics. Quid pro quo harassment, where a supervisor demands sexual favors in exchange for job benefits, and hostile work environment harassment, where the conduct is severe enough to affect... --- > Bryan Schwartz Law, P.C., with its team of dedicated local employment lawyers, stands at the forefront of fighting workplace harassment and advocating for employees' rights across the nation. - Published: 2024-04-23 - Modified: 2024-04-23 - URL: https://www.bryanschwartzlaw.com/citystate/employment-lawyers-near-me/ Employment Lawyers Near Me In today's workplace, fostering an environment of respect and dignity is not just a moral obligation but a legal requirement. Unfortunately, employment harassment remains a pervasive issue, undermining the integrity of our workplaces and the well-being of employees. Understanding your rights and the importance of addressing workplace harassment with local employment lawyers is the first step toward creating safer work environments for everyone. Bryan Schwartz Law, P. C. , stands ready to assist those facing workplace harassment. With a track record of successfully litigating individual and class action complaints nationwide, we have helped recover tens of millions of dollars for employees, forcing corporations and government agencies to amend their practices. Understanding Employment Harassment Employment harassment can manifest in various detrimental ways, fundamentally altering an individual's work environment. It typically stems from biases related to gender, national origin, race, age, disability and more. Two primary forms of harassment exist within the workplace: hostile working environment harassment and quid pro quo harassment. The former involves unwelcome conduct severe or pervasive enough to create an abusive atmosphere, while the latter occurs when job benefits are conditioned on compliance with improper requests. Examples of harassment include: Verbal harassment, such as inappropriate comments or jokes Workplace bullying Intimidation or hostile treatment Ostracizing behaviors Power imbalances and inequalities significantly exacerbate the problem of harassment. Those in authority positions can misuse their power, making it difficult for victims to come forward due to fear of retaliation or disbelief. Recognizing these dynamics is crucial... --- > Bryan Schwartz Law, P.C. is a team of committed wrongful termination lawyers near Bay Area that is focused on defending the rights of employees who have been wrongfully fired from their jobs. - Published: 2024-03-06 - Modified: 2024-03-06 - URL: https://www.bryanschwartzlaw.com/citystate/wrongful-termination-lawyers-bay-area/ Wrongful Termination Lawyers Bay Area Wrongful termination can lead to significant consequences in our lives, impacting not only our financial stability but also our emotional well-being. Navigating the complexities of employment law can be daunting, which is why it’s crucial to secure representation from experienced wrongful termination lawyers in the Bay Area. At Bryan Schwartz Law, P. C. , we understand the intricacies of employment law, and we are committed to fighting for your rights if you have been wrongfully terminated from your job. We provide consultations where you can discuss your case with an attorney. Understanding Wrongful Termination Wrongful termination refers to instances where an employer ends an employee's contract without just cause, violating state or federal employment laws. These violations can take many forms: Discrimination occurs when an employee is terminated based on their status as part of a protected class, such as race, religion, sex, age or disability. Retaliation involves the dismissal of an employee for reporting illegal activities within the company or exercising their rights under employment laws. Breach of contract happens when employers do not adhere to the terms agreed upon in employment contracts. How Bryan Schwartz Law, P. C. Can Help At Bryan Schwartz Law, P. C. , we are dedicated to providing comprehensive legal assistance to clients facing wrongful termination cases. Our approach begins with a thorough review of your case, including all relevant documentation related to your termination. Following this, we conduct an exhaustive investigation into the circumstances surrounding your termination. This... --- > Bryan Schwartz Law, P.C. is a dependable legal ally in Northern California, providing experienced and dependable wrongful termination lawyers to support and represent individuals who have been unjustly dismissed from their employment. - Published: 2024-02-12 - Modified: 2024-02-12 - URL: https://www.bryanschwartzlaw.com/citystate/wrongful-termination-attorneys-northern-california/ Wrongful Termination Attorneys Northern California When it comes to employment, fairness should always be a given. Unfortunately, wrongful termination remains a critical issue, leaving employees feeling betrayed and in need of answers. Bryan Schwartz Law, P. C. is a dependable ally on this journey. Our wrongful termination lawyers in Northern California stand as advocates for those dealt an unfair hand in their employment, offering dedicated legal representation to help ensure the rights of employees are upheld. Trust our talented team for the unfaltering legal support you need during this challenging time. Understanding Wrongful Termination in California Wrongful termination occurs when an employer ends an employee's contract without just cause or violates employment laws. This could be driven by discrimination, retaliation, breach of contract, or violations of public policy. In such instances, the role of a legal representative becomes crucial. An attorney can meticulously examine the circumstances surrounding the termination, identify any unlawful actions, and build a strong case to hold the employer accountable. Bryan Schwartz Law, P. C. : Your Advocate in Unjust Circumstances At Bryan Schwartz Law, P. C. , we are committed to safeguarding employee rights. With our robust experience in handling individual and class action complaints nationwide, we have successfully recovered tens of millions of dollars for tens of thousands of employees. Our past victories have not only brought financial relief but also forced corporations and government agencies to change their practices and penalize wrongdoers. Our dedication extends beyond these achievements. Our values lie in fighting against... --- > Experienced and dedicated, Bryan Schwartz Law, P.C. is a leading firm of employment lawyers in Northern California that vigorously advocates for victims of workplace discrimination. - Published: 2024-01-13 - Modified: 2024-01-13 - URL: https://www.bryanschwartzlaw.com/citystate/employment-lawyers-northern-california/ Employment Lawyers Northern California Discrimination and harassment in the workplace are not just unethical—they're illegal. These issues can create hostile work environments, lead to significant emotional distress, and obstruct career progress. Understanding these issues is the first step toward combating them. Bryan Schwartz Law, P. C. , an experienced law firm in employment rights, is committed to helping employees navigate these complexities and protect their rights. Our employment lawyers in Northern California are ready to represent your best interests. Defining Employment Discrimination Employment discrimination is a multifaceted issue characterized by unjust treatment of individuals based on protected characteristics such as race, gender, disability, age, religion, or sexual orientation. This form of discrimination infringes upon fundamental human rights and can significantly impact an individual's career trajectory. Discrimination in the workplace occurs when an employee or job applicant is treated unfavorably because of their membership in a protected class. Harassment, a form of employment discrimination, involves unwelcome conduct that is based on these protected characteristics. It can range from offensive remarks to physical assault or threats. It's important to note that while direct evidence of discrimination is not always necessary to prove a claim, creating an inference of discrimination may be enough. This is where the experience of an attorney can prove invaluable. The Imperative of Legal Assistance From Employment Lawyers in Northern California Confronting these issues alone can be daunting. This is why it's crucial to consult with an attorney who represents clients in employment law. Bryan Schwartz Law, P. C.... --- > Federal employment law is complicated and intricate. Federal employees do not have to navigate perplexing federal employment cases or claims alone. The San Fransisco federal employment lawyers at Bryan Schwartz Law, P.C., can help. - Published: 2023-12-23 - Modified: 2023-12-23 - URL: https://www.bryanschwartzlaw.com/citystate/san-francisco-federal-employee-lawyer/ San Francisco Federal Employee Lawyer As a San Fransisco federal employee lawyer, Bryan Schwartz Law, P. C. is uniquely equipped with the resources, specialized knowledge, and tools necessary to help federal employees with various work-related issues. Due to the special rights that federal employees have, only a trained professional who is knowledgeable and experienced in federal employment law can assist with issues such as removal from one’s job, demotion, reduction in pay, and more. Bryan Schwartz Law, P. C. can assist you if you are facing trouble in the workplace. If you have questions about what to do or what your rights are as a federal employee, we are here for you as a trusted and skilled legal resource. You may reach out to us to schedule a complimentary and confidential case evaluation. The Role of a Federal Employee Lawyer Federal employment law is nuanced and complex. There are many different statutes that govern various issues a federal employee may be presented with at any point during their career. A federal employment lawyer will understand the system and how to proceed with a federal employment case or claim. The role of a federal employee lawyer is to assist federal employees with many work-related problems that they may encounter, including any of the following: Suspension from work Reduction in pay Removal from job Demotion Discrimination complaints Disciplinary actions Equal employment issues Security clearance complications Concerns about disability requirements When an Agency Takes Threatening Action Against You With the help of a... --- > Don't let workplace misconduct go unchallenged. Reach out to Bryan Schwartz Law, P.C. to take a stand against discrimination. We are more than just Oakland discrimination lawyers; we are committed advocates ready to fight for workplace fairness on your behalf. - Published: 2023-11-18 - Modified: 2025-09-03 - URL: https://www.bryanschwartzlaw.com/citystate/oakland-discrimination-lawyer/ Oakland Discrimination Lawyer Experiencing discrimination in the workplace can be a deeply unsettling and distressing ordeal. It can range from unfair treatment due to race, gender, age, religion, or disability to a hostile work environment or wrongful termination. Such experiences not only affect one's professional growth and opportunities but also deeply impact one's mental health and overall well-being. It's important to remember that every individual has the right to a safe and respectful workplace environment. If you're feeling targeted or marginalized, it's crucial to consult with a knowledgeable professional, such as an Oakland discrimination lawyer, who can guide you through your rights and legal options. Bryan Schwartz Law, P. C. , is a distinguished law firm dedicated to defending employee rights in the workplace. With a proven history of successful litigation, the firm is committed to fighting against various forms of discrimination, including gender, race, age, and disability. Common Types of Discrimination Discrimination in the workplace can take a variety of forms, and it's important to understand how to recognize them. It may present as racial discrimination, where individuals are treated differently based on their race or ethnicity. Gender discrimination, on the other hand, involves unequal treatment of individuals based on their gender or sexual orientation. Age discrimination targets older individuals, impeding their professional growth and opportunities. Religious discrimination involves bias against an individual's religious beliefs, while disability discrimination occurs when disabled employees are unfairly treated. These forms of discrimination usually manifest through biased employment decisions, unfair treatment, derogatory comments,... --- > Discover how Bryan Schwartz Law, P.C., the renowned wage and hour lawyers in San Francisco, can guide you through wage and hour disputes. Armed with expert knowledge of labor laws, they'll advocate for your rights, ensuring fair compensation and work conditions. - Published: 2023-07-19 - Modified: 2023-07-19 - URL: https://www.bryanschwartzlaw.com/citystate/wage-and-hour-lawyer-san-francisco/ Wage and Hour Lawyer San Francisco Navigating the intricate waters of wage and hour disputes can be as murky as the San Francisco fog. But just as the city’s iconic Golden Gate Bridge stands resolute, the skilled wage and hour lawyers in San Francisco at Bryan Schwartz Law, P. C. are steadfast in their mission to guide you toward justice. Knowing your rights as an employee can be like unmasking the convoluted language of the Fair Labor Standards Act (FLSA) or the California Labor Code. These pieces of legislation, though meant to safeguard your rights, can often seem impenetrable to those unfamiliar with legal jargon. This is where the seasoned attorneys at Bryan Schwartz Law, P. C. can help. Their expertise spans the vast scope of wage and hour disputes, from unpaid overtime and minimum wage violations to meal and rest break infringements. Our Wage and Hour Lawyers in San Francisco Bryan Schwartz Law, P. C. is renowned for its unrivaled expertise in the realm of wage and hour disputes. Their team of dedicated attorneys works tirelessly to ensure clients get their rightful pay. They’re not just lawyers, they’re advocates for workers’ rights, fearlessly confronting employers who take advantage of their employees. As a testament to their relentless pursuit of justice, they've won numerous cases for employees who have been underpaid, overworked, or treated unfairly. Don't let your employer's violations go unchallenged. The expert legal team at Bryan Schwartz Law, P. C. is ready to fight for you, whether it's... --- > This article outlines the role of a wage and hour attorney in addressing wage disputes, emphasizing the particular advantages of hiring a local Bay Area wage and hour attorney. Bryan Schwartz Law, P.C., with its proven record in handling wage issues, provides a reliable option for employees seeking justice. - Published: 2023-06-26 - Modified: 2023-06-26 - URL: https://www.bryanschwartzlaw.com/citystate/bay-area-wage-and-hour-attorney/ Upholding Workers' Rights: The Role of a Bay Area Wage and Hour Attorney Everyone deserves to be adequately compensated for the hours they've worked. However, there are unfortunate instances when employers neglect this fundamental obligation. This negligence, whether intentional or otherwise, can lead to wage theft, a pervasive issue that affects workers in various industries. In such circumstances, a competent Bay Area wage and hour attorney can prove instrumental in reclaiming your rights and ensuring you receive your just compensation. Understanding Wage and Hour Disputes Wage and hour disputes arise when an employer fails to adhere to the minimum wage laws, denies overtime pay, forces off-the-clock work, or fails to provide breaks. Such disputes can lead to financial strain and unnecessary stress for employees. The complexity of these issues necessitates professional legal intervention to ensure the protection of your rights. Role of a Wage and Hour Attorney A Bay Area wage and hour attorney specializes in labor law, specifically dealing with disputes related to wages and work hours. They understand the intricate web of federal and state laws governing wages, overtime pay, and work hours. An attorney can evaluate your situation, provide expert legal advice, and guide you through the process of filing a lawsuit against your employer. Why You Need a Wage and Hour Attorney in the Bay Area The San Francisco Bay Area, characterized by its booming tech industry and diverse workforce, has unique labor laws. An experienced Bay Area wage and hour attorney can adeptly navigate these... --- > Some employers violate the law and the rights of employees when they fire someone for an unlawful reason. If this happened to you, speak with a San Francisco wrongful termination attorney. - Published: 2023-04-30 - Modified: 2023-04-30 - URL: https://www.bryanschwartzlaw.com/citystate/san-francisco-wrongful-termination-attorney/ San Francisco Wrongful Termination Attorney If you have recently been fired from your job and believe that it was unjust, you need the services of a San Francisco wrongful termination attorney. Employers are required by law to follow certain protocols when firing an employee. If you believe that your employer violated your rights and terminated your employment without following the proper procedures, you may have a case for wrongful termination. At Bryan Schwartz Law, P. C. , we represent clients who have been wrongfully terminated from their jobs. Our experienced attorneys understand the complex laws that govern employment and wrongful termination. We have helped countless clients in San Francisco and the surrounding areas to get the legal relief they deserve following wrongful termination. Reach out today to discuss your situation. How We Can Help After a Wrongful Termination When you work with us, we will start by listening to your story and evaluating your case. We will review any documentation you have related to your termination, such as your employment contract, personnel file, and termination letter. We will then conduct a thorough investigation into the circumstances surrounding your termination to determine if your employer acted illegally. If we determine that your employer did, in fact, violate your rights and terminate your employment without just cause, we will work tirelessly to build a strong case on your behalf. We can gather evidence, interview witnesses, and more to establish that your employer violated state or federal employment laws with your firing. Our... --- > Too many employers in the Bay Area engage in unlawful discrimination. If this happens to you, never wait to consult with a discrimination lawyer in Oakland about a possible case. - Published: 2023-03-14 - Modified: 2025-09-03 - URL: https://www.bryanschwartzlaw.com/citystate/discrimination-lawyer-oakland/ Discrimination Lawyer Oakland Discrimination is a pervasive problem in workplaces all over the United States, and Oakland is no exception. Under the law, employers should never discriminate against employees based on factors such as their race, color, religion, national origin, gender, sexual orientation, age, or disability. If you think you suffered discrimination in the workplace, you may be able to file a claim against your employer and seek legal relief. At Bryan Schwartz Law, P. C. in Oakland, we are dedicated to helping clients who have been victims of workplace discrimination. We know it can be difficult to confront an employer, but we will support you every step of the way. Our attorneys have years of experience handling discrimination cases, and we are dedicated to helping our clients fight for their rights. Types of Workplace Discrimination Workplace discrimination can take many forms, and it is important to recognize the signs of discrimination in order to take the right type of action. Some common types of workplace discrimination include: Race Discrimination Sex Discrimination Gender Discrimination Age Discrimination Disability Discrimination Sexual Orientation Discrimination Religious Discrimination Pregnancy Discrimination If you are a member of a protected class and suffer discrimination based on that characteristic, you should seek a consultation with our firm right away. What to Do if You Experience Discrimination at Work If you believe you have been the victim of workplace discrimination, there are several steps you can take to protect your rights: Document everything: Keep a record of any discriminatory... --- > If you are looking for an attorney for federal employees in San Francisco, look no further than Bryan Schwartz Law, P.C. We are here to help you protect your rights and get the justice you deserve. - Published: 2023-02-14 - Modified: 2023-02-14 - URL: https://www.bryanschwartzlaw.com/citystate/attorney-for-federal-employees-san-francisco/ Attorney for Federal Employees San Francisco Are you a federal employee in need of an experienced and knowledgeable attorney? If so, you’ve come to the right place. In this blog post, we’ll provide an overview of why hiring an attorney is essential, what qualities to look for in a lawyer, and the steps you can take to find the best possible legal representation. Read on to learn more! Why You Need an Attorney for Federal Employees in San Francisco It’s important to hire a lawyer who specializes in cases involving federal employees if you are dealing with a legal matter related to your employment. This is because laws that protect federal workers are different from those that protect other types of employees. Therefore, it’s important to work with someone who understands these laws and how they apply to your case. Qualities To Look For in an Attorney for Federal Employees in San Francisco When searching for an attorney for federal employees in San Francisco, there are certain qualities you should look for. First and foremost, make sure that the lawyer has experience or results with cases like yours. The more experience they have, the better. Additionally, ensure that they have good communication skills so that you can ask questions or discuss any concerns without feeling intimidated or overwhelmed. Finally, confirm that they understand all applicable laws related to your case and will work diligently on your behalf throughout the entire process. Finding The Right Attorney for Federal Employees in San... --- > If you have any type of employment law concern, including discrimination or unpaid wages, you should seek a legal case evaluation from an Oakland employment attorney as soon as possible. - Published: 2023-01-24 - Modified: 2025-09-03 - URL: https://www.bryanschwartzlaw.com/citystate/oakland-employment-lawyer/ Oakland Employment Lawyer Workers of all types have rights, but employers in Oakland don’t always honor them. If you have suffered an adverse outcome—termination, loss of reputation, emotional and psychological distress, or other harm—an Oakland employment lawyer from Bryan Schwartz Law, P. C. will fight for the compensation you deserve. Those who suffer employment issues often find themselves busy looking for new work, tending to their mental health, and putting the pieces back together. Our firm will lead your employment-related legal case so you don’t have to take on additional stress or worry. We Help With a Variety of Employment Law Issues in Oakland Our firm’s employment-related practice areas include: Discrimination Harassment Retaliation Severance Federal employment issues Whistleblower issues Overtime and other wage or labor law issues Denial of reasonable accommodations No one works harder for workers in Oakland than Bryan Schwartz Law, P. C. How Our Team Will Fight for You Anyone who has their rights violated deserves justice. The legal team at Bryan Schwartz Law, P. C. tailors our approach to the details of your case, but our responsibilities may include: Listening to your story and determining exactly how someone has violated your rights Collecting evidence that an employer or another liable party has broken the law Hiring any employment experts whose testimony could benefit your case Identifying and calculating the damages you’ve suffered because of the liable party’s harmful actions Negotiating a settlement Taking your case to court Whether you have a unique employment issue or you... --- > Employers can violate the law and the rights of employees in many different ways. If you suspect you might have an employment law concern, consult with a San Francisco employment lawyer. - Published: 2022-10-16 - Modified: 2023-05-22 - URL: https://www.bryanschwartzlaw.com/citystate/san-francisco-employment-lawyer/ San Francisco Employment Lawyer With things like job burnout and shortages, workers are experiencing all types of issues at the workplace. It would be terrible if workers also dealt with discrimination, sexual harassment, and retaliation. Unfortunately, even in this environment, these issues are still plaguing workers. When you have dealt with these unlawful actions, you need a San Francisco employment lawyer from Bryan Schwartz Law, P. C. on your side. Your Rights As An Employee As an employee, many federal and state laws protect you from being harmed by your employer. Still, employers can try to find loopholes to justify their unlawful actions. Here are some occasions where a San Francisco employment lawyer can help you. What Is A Hostile Work Environment? It is illegal for an employer to create and encourage a hostile work environment for any worker. Hostile work environments are created when there is unlawful and offensive activity happening. Some of these unlawful actions include discrimination, sexual harassment, violence, and actions that are overall inappropriate. When your employer intentionally creates a hostile work environment for you, you can sue them. Discrimination Discrimination is the illegal activity of treating a certain group of workers differently from everyone else. Discrimination is illegal based on a worker’s gender, race, sexual orientation, nationality, and age. Your employer can practice discrimination when they practice biased behavior towards a particular group of people. Overlooking older workers for promotion constantly is an example of discrimination. Retaliation Another common illegal activity is retaliation. Employers retaliate... --- > Employers can violate the rights of employees in many ways, and employees can take legal action. Always discuss any concerns you have about your employer with a Bay Area employment lawyer. - Published: 2022-09-06 - Modified: 2022-09-06 - URL: https://www.bryanschwartzlaw.com/citystate/bay-area-employment-lawyer/ Bay Area Employment Lawyer People who work in California often have big dreams for what can be possible in their respective lines of work, but there are occasions in which jobs become impossible to work, or individuals are wrongfully terminated. In these types of instances, you will want to be certain that you find a Bay Area employment lawyer for assistance getting justice. Both California state law and federal laws afford workers many protections when it comes to employment. You should not hesitate to exercise your rights when you believe that an employer has acted wrongfully in how they treat you at work or in relieving you of your duties. Common Employment Law Cases As the United States Equal Employment Opportunity Commission (EEOC) notes, applicants, employees, and former employees all enjoy protection from any kind of employment discrimination that relates to a person’s sex (including gender identity, sexual orientation, or pregnancy), race, national origin, color, religion, age (40 or older), disability, and genetic information (including family medical history). Discrimination is a commonly alleged wrongdoing in the workplace, and it is often proven through conduct or specific statements such as job denials, wrongful terminations, or changes in the terms or conditions of employment relating to hours, wages, bonuses, and job assignments. Other common kinds of employment law cases relate to: Compensation Issues Employment Agreements Harassment Failure to Train Supervisors Leaves of Absence Overtime and Wage Issues Reasonable Accommodations Retaliation Severance Unlawful Terminations Unsafe Workplace Whistleblower Laws Wrongful Termination Violation of Family... --- > Employment law violations can happen in both the public and private sectors, and federal employees can suffer harm as well. Consult with an Oakland federal employee rights attorney. - Published: 2022-03-23 - Modified: 2023-10-04 - URL: https://www.bryanschwartzlaw.com/citystate/oakland-federal-employee-rights-attorney/ Oakland Federal Employee Rights Attorney Employees of the federal government have specific employment rights. Some of these are administrative rules that ensure legal procedures are followed. Others are substantive rights that come directly from the Constitution. Our Oakland federal employee rights attorney can help you protect all your legal rights while working for the federal government. The Merit Systems Protection Board In federal employment, there are many different merit systems that can affect an employee’s opportunities for advancement. These systems can easily be abused for political reasons and result in violations of the employment rights of federal workers. The Merit Systems Protection Board was created to reduce these problems. Federal employees have the right to fight back against merit systems that affect their employment rights. When these claims are denied, the MSPB hears appeals and gives workers a more neutral forum than filing a complaint with their own agency. An Oakland federal employee rights attorney can help you determine whether an appeal to the MSPB is the right strategy in your specific circumstances. There may be other appeal options that are better suited to your unique case. Discrimination Complaints Most federal agencies have a trained Equal Employment Opportunity (EEO) counselor who is trained to respond to discrimination in the workplace. This counselor can be a helpful resource, but it is important to remember that this person is also an employee of the federal government. Their job is to protect the government from legal claims related to employment discrimination - not... --- ---