Why Tech and Entertainment Workers Need Specialized Employment Representation

Technology and entertainment workers in California often assume their industries are more enlightened than others when it comes to employment fairness. The offices are modern. The stated values emphasize diversity and inclusion. The pay scales are high relative to other sectors. The culture is, in theory, progressive.

The reality is more complicated. Age discrimination in technology is so prevalent it has been the subject of federal investigation. Sexual harassment in the entertainment industry has been the centerpiece of one of the most significant cultural reckonings in American history. Retaliation against workers who report discrimination, raise safety concerns, or join union efforts is common in both industries. And the complexity of employment arrangements in these sectors — union contracts, multiple employer structures in entertainment, contractor classifications in tech — makes it harder for workers to know what their rights are and how to enforce them.

Christopher Ellison Law represents tech and entertainment workers who have been treated unlawfully. We know the specific laws, the specific industry dynamics, and the specific arguments these employers make. We fight through all of it.

Technology Sector — The Most Common Employment Law Violations

Age Discrimination in Tech

Age discrimination is arguably the most widespread and least discussed form of workplace discrimination in California’s technology industry. The preference for younger workers — particularly in software engineering, product management, and other technical roles — is well documented. FEHA protects workers 40 and older from discrimination in hiring, promotion, compensation, and termination.

Age discrimination in tech typically doesn’t announce itself. It shows up as:

• Experienced engineers being labeled ‘overqualified’ when applying for roles younger workers are hired into
• Employees 40+ being placed on performance improvement plans that younger workers in similar situations are not
• Layoffs that disproportionately affect older workers while retaining younger employees with less experience
• Comments about needing someone who can ‘grow with the company’ or who is ‘fresh’ and ‘energetic’
• Exclusion from meetings, projects, or decisions that are given to younger colleagues

In 2025, the Ninth Circuit reaffirmed that age discrimination claims don’t require an applicant to have applied for an unadvertised position — if the employer failed to post a promotion opportunity and the evidence shows ageist motivation, the claim can proceed. Age discrimination in tech is actionable and it is prosecutable.

AI-Based Employment Discrimination — A New Frontier in Tech

As of October 1, 2025, California’s FEHA regulations explicitly govern the use of artificial intelligence and automated decision systems in employment decisions — including hiring algorithms, resume screening tools, AI-driven interview analysis, and performance evaluation systems.

If an automated system screens you out of a role, filters you from a promotion pool, or evaluates your performance in a way that has a discriminatory effect based on race, gender, age, disability, or another protected characteristic, that’s a FEHA violation — even if no human consciously chose to discriminate against you. The regulation requires employers to provide advance notice when automated systems are used and gives workers the right to request human review.

This is new law. Many tech companies are not yet in compliance. And it creates a new category of employment discrimination claims that didn’t exist before October 2025.

Wage and Hour in Tech — The Misclassification of ‘Exempt’ Employees

California’s tech industry has a significant overtime misclassification problem. Many software engineers, product managers, QA analysts, and other tech workers are classified as ‘exempt’ from overtime under the professional exemption — but the exemption only applies if the work genuinely requires the consistent exercise of discretion and independent judgment on matters of significance.

The 2026 minimum exempt salary threshold in California is $70,304 annually (or higher under the computer software exemption at $122,573.13 annually for computer professionals). Below those thresholds, employees cannot be classified as exempt regardless of job title or duties. Above the threshold, the actual duties test still has to be met.

Tech workers who are required to follow detailed specifications, work within rigid process frameworks, or perform standardized tasks may not actually qualify for the professional exemption — even with impressive job titles.

Retaliation in Tech — What We See Most Often

California Labor Code Section 1102.5 protects tech workers who report illegal conduct — financial misconduct, harassment, safety violations, discrimination. Under SB 53, effective January 1, 2026, employees at companies developing frontier AI models now have specific whistleblower protections for reporting AI safety violations. Retaliation for any of these reports — through termination, demotion, marginalization, or exclusion — is a separate actionable claim.

Entertainment Industry — The Most Common Employment Law Violations

Sexual Harassment — And Why Arbitration Agreements Don’t Stop You

The entertainment industry’s history with sexual harassment is documented in case files, court records, and decades of accounts from workers at every level of the industry. California law holds employers accountable for harassment that occurs in the workplace — and under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), entertainment employers cannot force sexual harassment claims into private arbitration. Your arbitration agreement cannot be enforced against a harassment or assault claim. You have the right to go to court.

Wrongful Termination and Contract Non-Renewal in Entertainment

In the entertainment industry, the line between a legitimate contract end and a wrongful termination is often drawn by the reason behind the decision. A production company that declines to renew a contract because the worker complained about harassment — even if the contract technically had an end date — may have engaged in wrongful termination through retaliation. A studio that eliminates a role held by a 55-year-old and replaces it with a 28-year-old may have engaged in age discrimination.

California courts look at the underlying reason for employment decisions, not just the employer’s characterization of them. Pattern and context matter. If you were in a protected group and your contract wasn’t renewed shortly after you raised a concern — or in circumstances where younger, white, or male colleagues were treated differently — that’s a conversation worth having with an attorney.

Wage Theft in Entertainment — What Many Industry Workers Don’t Know They’re Owed

California’s wage and hour laws apply fully to the entertainment industry, including to production workers on film and television sets. Violations we pursue for entertainment industry workers:

• Unpaid prep and wrap time — the time spent setting up and breaking down before and after the paid production day
• Misclassification of crew members as independent contractors to avoid overtime and benefits — AB5’s ABC test applies
• Overtime violations during extended production days — California requires overtime after 8 hours; 16-hour production days without proper overtime pay are a violation
• Meal and rest break violations — production schedules frequently run through required breaks without paying the required premium
• Failure to reimburse work-related expenses under California Labor Code Section 2802

Union Membership and FEHA Rights in Entertainment

Many entertainment workers are members of unions — SAG-AFTRA, IATSE, WGA, DGA, or Teamsters. A common misunderstanding is that union membership replaces individual FEHA rights. It doesn’t. Union grievance procedures and FEHA discrimination or harassment claims are separate paths. In many cases, the FEHA claim is actually more powerful than the union grievance process for discrimination and harassment. We advise entertainment industry workers on both simultaneously.

Recent Law Changes for Tech and Entertainment Workers

AI Discrimination Regulations Under FEHA (October 2025)

California’s new FEHA regulations on automated decision systems are particularly significant for tech and entertainment workers. Tech companies that use algorithms in hiring or performance evaluation, and entertainment companies using AI tools for casting, scheduling, or workforce management, are now subject to explicit FEHA requirements. Workers affected by discriminatory automated decisions have new avenues for FEHA claims.

AI Whistleblower Protections (SB 53, January 2026)

California’s SB 53 creates specific whistleblower protections for employees at large AI model developers who report safety violations or risks to public health and safety. If you work at a company developing frontier AI models and were retaliated against for raising safety concerns, you now have an explicit statutory protection under California law in addition to the general Labor Code Section 1102.5 protections.

Equal Pay Act Expansion (SB 642, 2026)

California’s Equal Pay Act now covers all forms of compensation — bonuses, stock options, equity awards, and other non-base pay — not just salary. The statute of limitations for equal pay claims has been extended to six years for back-pay recovery. For tech workers, where compensation packages are complex and the disparity between what male and female employees receive in equity and bonuses can be significant, this expansion is important.

Filing Deadlines for Tech and Entertainment Workers

Don’t wait. Your time is limited.

• FEHA (discrimination, harassment, retaliation): 3 years to file with the CRD
• Wrongful termination (public policy): 2 years from termination
• Wage and hour violations: 3 years (4 years under the UCL); 6 years for equal pay back-pay under the 2026 amendments
• PAGA claims: 1 year from the last violation you personally experienced

Questions Tech and Entertainment Workers Ask Us

I’m a software engineer and I believe my company’s hiring algorithm filtered me out for age-related reasons. Do I have a claim?

Potentially, yes. As of October 2025, FEHA explicitly covers discriminatory automated decision systems. If you can show that the algorithm had a disparate impact on applicants over 40, or if there’s evidence the system was designed or deployed in a way that proxied for age, that’s a viable FEHA claim. We’ll evaluate the facts with you. Document everything you know about the hiring process and the communications you received.

I work in entertainment and my studio has an arbitration clause in my contract. Can I still sue for harassment?

Yes. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) makes arbitration agreements unenforceable for sexual harassment and assault claims. Your contract’s arbitration clause cannot be used to keep your harassment case out of court. Period.

I was laid off in a tech reduction in force and I’m over 50. Most of the people let go were older workers. Is that discrimination?

It may be. Layoffs that disproportionately affect workers over 40 can be challenged as age discrimination under FEHA and the federal ADEA. The key questions are: what was the selection criteria for the layoff? Was it applied consistently? Does the data show that older workers were selected at a higher rate? We’ll look at the numbers and the decision-making process. Call us at (310) 882-6239.

I’m a production crew member and I’m always told I’m a contractor. Do I have overtime rights?

It depends on your working arrangement. AB5’s ABC test applies. If you work consistently for the same production company, on their productions, at their direction, and you don’t have your own independently established business providing the same services to multiple clients — you may not qualify as a legitimate independent contractor. Overtime, meal and rest break premiums, and expense reimbursements may be owed. Call us at (310) 882-6239 to evaluate your situation.

Free Consultation for Technology and Entertainment Workers

Christopher Ellison Law offers free, confidential consultations for California tech and entertainment workers. We understand the unique pressures, the employment structures, and the specific laws that apply in these industries. Call us.

What you get with Christopher Ellison Law:

• Knowledge of AI discrimination law, EFAA, and entertainment industry employment
• Experience with age discrimination and misclassification in tech
• Trial preparation from day one
• No fees unless we win
• Free, confidential consultation

Christopher Ellison Law | Technology & Entertainment Workers Employment Attorney | (310) 882-6239

Your industry’s reputation for innovation doesn’t give your employer the right to treat you unlawfully.