California Technology Employment Lawyer

California’s economy is comprised of many industries, but among its most unique and celebrated is its technology industry. This sector, made famous by Silicon Valley in northern California, is a significant contributor to California’s economy and employment. As of 2021, California is home to many of the world’s largest technology companies, including Apple, Google, Facebook, and Tesla, among others. Not only that, but with today’s interconnected world, California’s technology industry is at the forefront of innovation and covers a wide range of different occupations and sectors.

The technology industry in California is expected to continue growing in the coming years, driven by advancements in innovation. But for the thousands of employees in this industry, there are also challenges. Increasing competition, talent shortages, and regulatory issues all contribute to how employees in this industry are treated. But like any other employee in California, there are laws in place that govern how these employees are to be treated in the workplace.

Contact Maison Law For a Free Consultation

Working in the technology industry in California is certainly exciting, but sometimes, your employer may not provide you with the rights and protections that you are guaranteed under California law. In these situations, Maison Law will be there to help. Our team of experienced California employment lawyers can explain your legal options and how you can hold your employer accountable for their illegal actions.

If your workplace rights have been violated, contact us today for a free consultation.

Why Is the Technology Industry Based in California?

Even though the technology industry offers employment opportunities throughout the nation, it’s based primarily in California. Thus, California’s technology industry leads the way in terms of innovation and providing a destination for the best and brightest in the industry. There are a variety of reasons that the technology industry is based in California, including:

• Proximity to top universities
• Access to venture capital
• Entrepreneurial culture
• Climate and lifestyle
• Early technology industry pioneers

According to the California Employment Development Department (EDD), the technology industry employs over 1.8 million workers in the state, accounting for 10.4% of total employment. This includes workers in the following sectors:

• Software development
• Computer systems design
• Semiconductor manufacturing
• Telecommunications

These sectors also provide several different occupations for Californians, such as:

• Software developer
• Web developer
• Mobile app developer
• Database administrator
• Network engineer
• Cybersecurity analyst
• Systems analyst
• Project manager (technology)
• Technical writer
• Data scientist
• Artificial intelligence/machine learning engineer
• Cloud computing engineer
• DevOps engineer
• UI/UX designer
• Information technology (IT) manager
• Computer hardware engineer
• Quality assurance (QA) analyst
• Technical support specialist
• Social media manager
• Digital marketing specialist

These highly technical positions require specialized training, among other skills. Still, these employees are also guaranteed legal protections that every other employee in California enjoys.

How Does California Employment Law Apply to the Technology Industry?

Technology industry workers in California have the same rights and protections under the law as any other employee. At the same time, the highly competitive nature of the industry lends itself to proprietary technologies and secretive development projects. As such, the tech industry in California is primarily based on contracts. Still, like any other industry, employment laws in California are designed to protect workers’ rights and ensure fair treatment in the workplace. With that in mind, here is how California employment law applies to the technology industry:

Breach of Contract

Contract employment is common in the California technology industry, where companies often hire workers on a project basis or for specific tasks. California has specific laws that apply to contract employment, which is designed to protect workers’ rights and prevent employers from exploiting contract workers.  As it relates to the technology industry, virtually every employment contract covers the following:

• Job duties
• Compensation
• Employment status
• Termination
• Confidentiality and non-disclosure
• Intellectual property
• Non-compete agreements

Breaches of these provisions can result in a breach of contract claim against your employer. This usually happens when they fail to provide you with any of the above provisions of your contract. When that happens, our team can help you with a breach of contract claim.

Wage and Hour Laws

California has some of the strictest wage and hour laws in the United States, and they apply to all industries, including the technology sector. These laws are designed to protect employees from unfair treatment by their employers and ensure that they are fairly compensated for their work. This includes the following legal requirements:

• Every employee is paid a minimum wage
• All non-exempt employees must be provided overtime pay
• Every employee must be given meal and rest breaks
• Employers may not misclassify employees as exempt to avoid overtime pay or other requirements
• Every employer is required to follow final paycheck requirements

Discrimination and Harassment

California’s Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on protected characteristics, such as:

• Race
• Gender
• Sexual orientation
• Age
• Religion
• Medical condition

Employers must take steps to prevent and address discrimination and harassment in the workplace. In addition, the FEHA prohibits employers from retaliating against employees based on these characteristics, or for these employees voicing complaints about discrimination or harassment in the workplace.

Privacy laws

California has strict privacy laws that affect the technology industry. Employers must comply with the state’s privacy laws that govern your employer doing the following in the workplace:

• Recording or videotaping in the workplace.
• Monitoring and tracking your computer usage.
• Asking about or making decisions based on your criminal record.
• Gathering and using your medical records and history.
• Drug testing you.
• Checking and using your credit rating or history.
• Using and safeguarding your Social Security Number

Can I File a Claim Against My Employer in California?

The good thing about California employment law is that it not only clearly outlines the various legal protections that are in place for you and other employees, it also allows you to pursue claims against your employer to hold them accountable.

The first step in this process is meeting with our team so they can explain the full range of your legal options. This could include:

• Filing a lawsuit
• Filing a claim with one of California’s administrative agencies
• Issuing a formal demand before filing a lawsuit

All of these options are practical ways of holding your employer accountable for violating your rights in the workplace. However, filing a lawsuit against your employer is one of the most direct ways of allowing you to recover damages. These damages include the following:

• Lost wages, including unpaid wages
• Back pay
• Liquidated damages
• Pain and suffering
• Emotional distress
• Loss of dignity or enjoyment of life

While recovering damages provides the opportunity to help you recover financially from your job loss, a lawsuit will allow you to truly hold your employer accountable by shining a light on their illegal activities in open court. Still, this requires courage and support. Thankfully, if you do decide to file a lawsuit, our team will be with you throughout the entire process to provide this vital support and guidance.