Employment Lawyers for Employees in San Francisco, Los Angeles, and New York
For more than twenty years, Ottinger Employment Lawyers has focused on just one thing: helping employees resolve serious employment problems. We are one of the country’s top boutique employment law firms with offices in San Francisco, Los Angeles and New York.
Ottinger Employment Lawyers Have Been Helping Employees for Over 20 Years
We devote our practice to helping employees in difficult situations throughout California and New York. Formed in 1999, our San Francisco and Los Angeles employment lawyers have helped thousands of employees. We have handled most every kind of employment case imaginable from illegally fired sanitation workers to rock stars and artists engaged in compensation disputes. We have helped top level executives negotiate employment and severance agreements. We have helped financial executives, salespeople, designers, tech workers, drivers, marketing and advertising executives and people in most every industry resolve complex problems. Our employment lawyers handle cases in San Francisco and Los Angeles, and New York that range from employment discrimination, whistleblowing, sexual harassment, and wage & hour class actions. We also have an executive practice area that focuses on severance, employment contracts and non-compete negotiations. We represent clients in Los Angeles, Orange County, San Fernando Valley, the Silicon Valley, the Bay Area and New York City.
Wonderful Experience working with the Ottinger Firm! I was upset and very emotional after losing my job. The attorneys at the firm were very patient, caring and knowledgeable. They fought for me and won!
Candith J.
Everybody at this firm was helpful, thorough, and knew what they were doing! They efficiently managed to get results. Any questions I had were answered with depth. The process in which they work made things feel very at ease when it came to the case I hired them for. I would highly recommend this firm!
Christian S.
I never hesitate to recommend Robert Ottinger to friends and family. He is thoughtful, responsive, realistic in managing expectations, an expert in employment law and really cares about helping people with their employment situations. I'm grateful for the help he has provided to me.
Amy Z.
Thank you to the Ottinger firm for taking our case, fighting for us and getting positive results. When a business does not pay you what you are owed and you want results, The Ottinger firm is your go to!
Ottinger Employment Lawyers has been helping employees and executives since 1999. We have offices in Los Angeles, San Francisco, and New York. We represent people at all levels from C-suite executives, middle managers to hourly workers. We can help you solve your problem.
Robert Ottinger founded this firm in New York City in 1999. Before starting the firm, he worked as Deputy Attorney General in Los Angeles and clerked for two judges at the Los Angeles Superior Court. We encourage you to browse the resources below to gain an understanding of California employment law.
Since 1999, our New York employment lawyers have been trusted and recommended by New York employees and executives. We have earned this trust by delivering outstanding results and customer service. We represent people in all industries and have extensive experience in the financial, entertainment and technology sectors.
Federal Trade Commission’s New Rule Bans Non-Compete Agreements in All Employment Contracts
May 2, 2024 | By Ottinger Employment Lawyers | Read Time: 2minutes
Non-compete agreements often prevent employees from working for other employers in the same industry and geographic area for a significant amount of time after employees leave their jobs. The Federal Trade Commission (FTC) recognizes that these agreements can be a source of great stress for many individuals. Non-compete agreements diminish employees’ options for finding better work or making changes for their well-being, and the agreements cut off other employers’ access to a talented workforce. Fortunately, a recent FTC non-compete ban will soon eliminate the enforceability of non-compete contracts against the vast majority of workers in the United States. If you have questions about your rights under this new ban, bring them to Ottinger Employment Lawyers. Our experienced legal team devotes our practice to helping employees in California and New York, and we have already helped thousands. What Is the FTC Non-Compete Ban? On April 23, 2024, the FTC issued a final rule for an FTC non-compete ban to update the kind of control employers can have over their current and former employees. Under this new rule, employers can’t enter into non-compete agreements with any new employees, and employers can’t enforce existing non-compete agreements against most employees who have already signed them. So, if you have signed a non-compete agreement and want to take a different job in the same field, you likely can. But you should first speak to us about your options. There are some exceptions to this ban that could apply to you. Does the Non-Compete Ban Apply to Every Employee? No. While employers cannot enter into new non-compete agreements with any employee or enforce existing agreements against most, employers can still enforce existing non-compete contracts against senior executives. Under the FTC non-compete ban of 2024 changes, a senior executive is an employee who: Senior executives account for less than 0.75% of the workforce. However, if you qualify as a senior executive at your workplace, we can review your situation and help you make the best decisions for your professional life. When Does the Non-Compete Agreement FTC Ban Go into Effect? Under the FTC non-compete ban timeline, this final rule will take effect 120 days after the FTC publishes it in the Federal Register. Once the rule becomes effective, employers must notify employees that existing non-compete agreements will not be enforced. What If My Employer Tries to Enforce a Non-Compete Agreement? If your employer tries to enforce a non-compete agreement after the FTC ban becomes effective, you can report non-compete violations to the FTC. Additionally, if your employer tries to take prohibited legal action against you, we can quickly intervene to stop the case and remind your employer of your rights. If your employer tries to enforce a non-compete agreement before the FTC ban becomes effective, you might have the right to take legal action under state law. For example, California already has a non-compete ban in place, and not all non-compete agreements are enforceable in New York. We can guide you through the most effective solution to any non-compete issue you face. Ottinger Employment Lawyers Protects Employees’ Freedom Ottinger Employment Lawyers has been in practice for 25 years, and we focus exclusively on protecting employees’ rights. We are an award-winning legal team that has recovered over $400 million for employees and receive stellar reviews from our clients. Please call or contact us online if you need a strong and knowledgeable advocate in your employment law case.
It’s been a very long week. After five grueling twelve-hour days, you are ready for some rest. You are also ready for that overtime payment. However, when payday comes, you notice that you were paid at your regular rate for overtime hours. You think that this has to be a mistake, so you ask your employer. If your employer tells you that it was not a mistake, and that you were paid regular time because you are exempt from being paid overtime—this may raise more questions than it answers. You might wonder if your boss is correct. Is this possible? Is it legal? It is true that some employees are exempt from an employer’s duty to pay overtime. Knowing whether or not you are exempt is a question that requires an assessment of the facts of your employment status. Certain employees are considered exempt from certain wage and hour regulations, but sometimes, employers will misclassify employees to try to cheat the system. And sometimes, they make innocent mistakes. This guide will break down some of the basics of these exemptions, but it is not a substitute for legal advice from an experienced employment lawyer. What Is an Exempt Employee in New York? In New York, exempt employees are those who are not covered by the Fair Labor Standards Act’s (FLSA) minimum wage and overtime provisions. This includes executive, administrative, and professional employees, as well as certain computer workers. Outside salespeople, like door-to-door salespersons, are also considered exempt from these regulations. New York also has its own regulations regarding minimum wage and overtime, though there are many similarities. There are a number of exemptions to the FLSA, but we will focus on a few of the more common ones. Executive Exemption Executive employees are those responsible for running an organization. Executives are not just managers; they are high-level decision-makers. To qualify as an executive employee, you would need to fulfill the following requirements: Executive employee status would probably extend to CEOs, department heads, CFOs, or other high-level executive positions. Administrative Exemption Administrative employees are involved in the management or general business of the company. These are often employees who are crucial to business operations. Requirements include: Administrative employees could include senior managers and higher-level HR employees. Professional Exemption Professional employees have the knowledge and experience to provide a unique skill set to the business. There are two types of professionals under the FLSA: learned professionals and creative professionals. Learned professionals are those who: Healthcare professionals such as doctors, nurses, engineers, and accountants might be considered learned professionals under the FLSA. Creative professionals are those who: Graphic designers, chefs, and composers would likely be considered creative professionals. Highly Compensated Employees This can be a bit of a catchall for highly paid employees who do not necessarily meet all the criteria of one of the other categories. Highly compensated employees are those who: Highly compensated people include a fairly broad range of employees. Other Employees The above categories make up the core areas of exempt employees, but there are other exemptions as well. Some additional categories of exempt employees include: These exemptions may be broad, but they are not all-encompassing. Many employees are not-exempt under the FLSA or New York regulations. Why It Matters Both the FLSA and New York have regulations that may entitle you to minimum wage and overtime pay. When an employer misclassifies a non-exempt employee in New York as being exempt, they may be depriving that employee of their right to fair pay. Misclassification could be costing you thousands of dollars in unpaid wages. How We Can Help If you’re not sure if you’re an exempt or non-exempt employee in New York, we want to talk to you. Exemptions can be tough to determine, and the definition can sometimes vary based on court cases and administrative opinions. At Ottinger Employment Attorneys, we understand federal and New York employment laws and want to fight for your right to fair pay. Contact us today for a consultation.
What Are Considered Part-Time Hours in California?
Jan 19, 2024 | By Ottinger Employment Lawyers | Read Time: 3minutes
American workers are the backbone of this country. Employees spend hours working over a burning hot grill, waiting tables, working on assembly lines, delivering packages in time for the holidays, and a multitude of other tasks required to keep our economy going. And despite all this, they are frequently taken advantage of by greedy companies. It is because our workers are so important that we at Ottinger Employment Lawyers fight for them every day. When an employer tries to violate the rights of a worker, they are plucking at the strings that bind us all together. Today, we will be discussing a common tactic that employers use to cheat workers out of rightly earned pay and benefits. That tactic is the misclassification of employees as part-time workers. Upon reading this, one of the first things you may wonder is, What is considered part-time in California? Today, we seek to clarify this and other issues. If you have questions or would like to speak with a California employment attorney, please contact us today. How Many Hours Is Considered Part-Time In California? Is 32 hours full-time in California? What about 40? Is there a limit at all? Generally, part-time means less than 40 hours per week in California. That said, there really isn’t a California law that sets a hard line for full-time employment. The California Labor Market Review refers to 35 hours or less as part-time, but again, this is more of a guide than a rule. On the Federal side, the Affordable Care Act defines full-time as at least 30 hours or 130 hours per month. Part-time hours in California usually vary by employer. Many employers make an honest effort to properly classify their employees, but some don’t. How Do Employers Use Part-Time to Discriminate? You may have heard that part-time employees do not get the same protection against discrimination as full-time workers— but this is false. California takes discrimination seriously. Know your rights and keep a lookout for attempts to use your part-time status as a reason to discriminate against you. Let’s go over some common ways part-time employees are taken advantage of. Minimum Wage Part-time workers are subject to the same minimum wage regulations as full-time employees. California’s minimum wage is $13 per hour and $14 per hour for organizations with more than 26 employees. The Federal minimum wage is $7.25 per hour. Despite what you may have been told, you can’t waive your right to minimum wage, even if you only work part-time. Break Periods Some part-time workers are told they are not entitled to breaks. The truth is, you can take meal breaks and rest periods even if you’re part-time. Typically, you may take a ten-minute break for every four hours worked. You should also be able to take a thirty-minute meal break if you’re working for more than five hours, and two meal breaks when working more than ten. Contact Us Schedule your consultation today. Schedule your consultation today. Overtime If you’re part-time, that doesn’t mean you can’t get paid overtime. Contrary to popular belief, employers often ask “part-time” employees to work more than 40 hours. Regardless of whether you are considered part or full-time, working overtime may entitle you to time and a half or even double your regular pay. That said, there are some exceptions to overtime regulations for certain positions. Most of these exceptions are for executive and professional positions. Shift Work California requires extra pay, called a premium, for split shifts. These are shifts that are broken up throughout the day. Working four hours in the morning and four at night is an example of a split shift. Many part-time employees are asked to work split shifts. Fortunately, the regulations don’t prevent part-time workers from split shift premiums. Benefits & Pay California requires that employees receive pay that is equal to the pay of their colleagues that perform substantially similar work. Substantially similar means work that is similar in skill, effort, and responsibility; and that is performed in similar conditions. For example, two cooks are likely performing substantially similar work, even if one is part-time. Some employers may try to limit your benefits and pay based on your part-time status, but this is not an exception to equal pay. The California Equal Pay Act prohibits this type of abuse. How a California Employment Lawyer Can Help Many workers are told that they are not eligible for the same benefits and rights as their full-time companions, but we want you to know that this is false. You still have most of the same rights as other employees when you work part-time hours in California. If your employer is using your part-time status to cheat you out of your pay and benefits, give us a call. Ottinger Employment Lawyers know how important workers are. Our employment attorneys have decades of employment law experience. We want to help you fight back against unfair employers. Contact us today for your consultation. Where You Can Find Our LA Office Where You Can Find Our SF Office
