Tackling Workplace Challenges: Resources for Bay Area Workers

By Ima Varghese Mac

October 11, 2023

Shifts in the California labor market have made it difficult for workers to advocate for their rights and interests. As a result, many workers in the Bay Area are forced to endure poor working conditions, such as wage theft and increased ergonomic risks. While broader policies are needed to protect workers from these issues, there are ways workers can address the challenges that may be present in their workplace.

Connect with a legal aid organization

Workers can contact a legal aid organization when faced with a workplace issue. These organizations help workers learn more about their rights, provide legal consultation, and, in some cases, offer legal representation. Below are a few organizations located in the Bay Area that provide support to workers:

Legal Aid at Work is a San Francisco-based organization that offers free legal clinics and consultations for California workers across the State. Their clinics provide personalized legal advice on a spectrum of issues, ranging from wage theft, race discrimination, and disability rights to unemployment insurance and paid family leave. Legal Aid at Work also educates their clients on navigating legal processes and equips them with the tools to advocate for their rights in the workplace. Workers are eligible for their services if they are low-income (for single-person households, this means making less than $24.32/hr.) and live in California. More information on eligibility can be found on each clinic’s page. Additionally, services can be provided in a variety of languages, such as Spanish, Mandarin, and Cantonese. To begin receiving help, workers can call a clinic directly or complete this online questionnaire.
La Raza Central Legal provides free legal services to help workers address issues surrounding minimum wage, accessing paid leave, and violations of San Francisco labor regulations. Their staff also offer representation to workers facing discrimination, misclassification, wage theft, and retaliation cases. Their primary focus is to help low-income and undocumented workers within sectors such as domestic work, restaurants, or construction. However, anyone who works in San Francisco County can receive a free consultation from La Raza. Workers interested in their services can seek further information by calling their front desk at (415) 575-3500.
Located in San Francisco, The Asian Law Caucus offers workers free legal support to confront various workplace issues. Their confidential legal consultations help workers address wage theft, wrongful termination, and gain unemployment insurance benefits. The Asian Law Caucus also consults and provides limited legal representation to workers experiencing discrimination, harassment, retaliation, and health and safety concerns. This assistance is provided to any California worker, including those who are undocumented or have limited English proficiency, with priority given to low-income workers. Individuals can call (415) 896-1701 to schedule an appointment with a legal consultant.

Reach out to co-workers, a union, or a worker center

Self-organizing can be a highly effective way of addressing workplace challenges. Joining together with other workers may lead to more power and increased legal protections. Thus, fostering a dialogue with co-workers and collaborating on solutions can be beneficial. If workers are part of a union, their representatives can also bring up issues to their employer and ensure that they comply with set agreements on elements of the job, such as pay and benefits or health and safety measures. Workers can also contact a union in their industry for guidance if they are not currently a member or their workplace has not unionized. For example, a worker at a non-unionized fast-food restaurant could reach out to someone working at a unionized branch across town.

In instances where workers are classified as independent contractors or are otherwise excluded from labor protections— and thus unable to unionize— they can join alternative worker-led organizations. These are often referred to as worker centers and offer support to fellow workers, usually earning low wages. These organizations are usually formed within specific industries, locations, or ethnic groups. For example, worker centers in the Bay Area include The Women’s Collective (La Colectiva) for workers providing cleaning services, the Day Worker Center of Mountainview, Filipino Advocates for Justice, and the Chinese Progressive Association.

Self-report an issue

There are also ways for workers to independently report issues they are experiencing. More specifically, workers can file a report with the California Department of Industrial Relations, which focuses on keeping employers accountable. The following resources are available to all workers, regardless of immigration status, and are also offered in Spanish (or any other language upon request):

File a Wage Claim: Workers who have experienced wage theft, such as receiving payments lower than minimum wage or having their meal breaks withheld, can file a claim with their district’s Labor Commissioner’s Office. This can be done online, through email, in person, or by mail.
Report a Labor Law Violation: Any breach of a labor law, whether in terms of working conditions or compensation, can be reported to the Division of Labor Standards Enforcement. To submit a report, workers can file online, by mail, or in person at their nearest Labor Commissioner’s office.
File an Occupational Safety and Health Complaint: All employees have the right to file a confidential complaint with the California Division of Occupational Safety and Health, also known as Cal/OSHA, if they perceive a health or safety hazard in their workplace. To begin filing a complaint, workers should locate the Cal/OSHA Enforcement District Office closest to them and call the number provided.
File a Retaliation Complaint: Workers who experience poor treatment from their employer due to asserting their rights or reporting a violation can file a complaint with the Labor Commissioner’s Office. This is true for current and former employees, as well as job applicants. To submit a report, workers can fill out a form online or mail a copy to their district’s Labor Commissioner’s office.
If workers face retaliation specifically for reporting an occupational safety and health violation or related protected activities, they can fill out the same online form, call (714) 558-4913, email [email protected], go in person to a Labor Commissioner’s office, or mail a form to a Retaliation Complaint Investigation Unit office.

The Labor Occupational Health Program (LOHP) at UC Berkeley also offers this helpful infographic that breaks down which California state agency to contact when facing workplace challenges. Additionally, the Department of Industrial Relations has a booklet titled “All workers have rights in California,” which provides in-depth information about each of the options mentioned above. However, if workers are not ready to file an official report, they can still address workplace issues in other ways. For example, some workers may decide to have a direct conversation with their employer. If this is the case, the booklet offers important tips, such as making sure to take notes about what was discussed and when it happened. LOHP offers more details on what workers can do in their Taking Action Toolkit, which is available in English and Spanish.

Additional Resources

These are just some of the Bay Area organizations and resources that exist to support workers. To find additional worker organizations, legal aid groups, or learn more about their rights, workers can:

Reach out to co-workers, friends, family, or other community members.
Search online for the issue they are facing and add keywords such as “legal clinic,” “labor organization,” or “community organization.”
Visit www.lawhelpca.org to learn more about their rights, the law, and how to find nearby legal services (this website can be translated into any language).
Call 211 for a referral to a worker-centered organization or visit https://www.211ca.org/
Browse the Cal/OSHA Training Academy website, which provides online training courses, guidance documents, videos, and other helpful resources on a variety of occupational safety and health topics. All workers in the state of California have free access to the training courses and other information on this site.
Read the CA Department of Industrial Relations’ Know Your Rights brochures (available in Spanish, Mandarin, Korean, Tagalog, and more) to learn about worker rights regarding unpaid wages and other labor violations.

Workers should not bear the burden of improving their work environment

It is important to recognize that individuals should not be responsible for altering their working conditions or holding their employers accountable. Instead, the options included in this blog offer some ways for workers to gain the insights and tools needed to address specific problems at work. Simultaneously, efforts to advocate for and make policy changes that foster equitable and healthy workplaces are essential.