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!
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.
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.
In a unanimous decision issued on June 5, 2025, the United States Supreme Court ruled in Ames v. Ohio Department of Youth Services that employees who are part of a majority group, such as heterosexual or white individuals, do not have to meet a higher standard when claiming discrimination under federal law. This decision clarifies how Title VII of the Civil Rights Act of 1964 should be applied in workplace discrimination cases. Background of the Case The case involved Marlean Ames, a heterosexual woman who had worked at the Ohio Department of Youth Services since 2004. After being denied a promotion in favor of a lesbian candidate and later demoted (with a gay man hired in her place), Ames filed a lawsuit under Title VII. She claimed she was discriminated against based on her sexual orientation. Lower courts dismissed her claims, applying a rule used by the Sixth Circuit that required “majority-group” plaintiffs to present additional proof, called “background circumstances,” to even proceed with a discrimination claim. The lower courts held that Ames, as a straight woman, had to show that the employer was the rare kind that discriminates against the majority. This rule added a special hurdle not required of minority-group plaintiffs. What the Supreme Court Decided The Supreme Court unanimously struck down that requirement. Writing for the Court, Justice Ketanji Brown Jackson stated that Title VII protects “any individual” regardless of whether they are in a majority or minority group. The Court wrote that the law’s protections are personal and do not change based on particular demographic categories. This means that whether someone is gay or straight, Black or white, male or female, the legal standards for proving discrimination are the same. In doing so, the Court threw out the Sixth Circuit’s “background circumstances” rule, finding it unfair and inconsistent with the law because it placed a heavier burden on majority-group plaintiffs. The decision makes it clear that Title VII protects all individuals from intentional discrimination, regardless of their race, sex, religion, national origin, or color. This guarantee applies without exception or double standard. Why This Matters for Employers and Employees This ruling makes clear that all employees are equally protected from workplace discrimination under federal law. It also helps employers, HR teams, and legal departments by establishing a single and consistent rule for initiating all discrimination claims. Employers should note that claims brought by members of traditionally majority groups (e.g., straight, white, or male employees) must now be treated under the same standards as any other discrimination claim. The ruling doesn’t guarantee that these claims will be successful, but it does mean they can’t be dismissed early solely because of the employee’s identity. For workers, this decision reinforces that the law is intended to protect individuals fairly, regardless of the group to which they belong. The Court’s concurring opinion also raised important points about the challenges of classifying people strictly as majority or minority. In today’s workforce, identities often overlap, and demographic categories are not always clear-cut. For example, a person may be part of a majority group in one setting but a minority in another, which can be based on region, industry, or other factors. Requiring courts to sort out who belongs to which group creates unnecessary complexity and inconsistency in applying the law. The concurring opinion emphasized that it’s better to treat everyone equally under the law, rather than having judges make general assumptions based on someone’s group affiliation. The Court’s decision is based on this idea of fairness to each person as an individual. The Court’s decision does not have a practical impact on New York and California law, and does not overturn any precedent within these courts. If you have questions about how this decision might apply to your workplace or your rights, consider speaking with a qualified employment attorney here at Ottinger Employment Law and explore your options.
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. See what our clients have to say about our services: Where to find our New York City office:
Bonus Payment After Termination in California: Are Laid Off Employees Still Entitled to Them?
Aug 8, 2024 | By Robert | Read Time: 5minutes
As the giants of the tech industry continue massive layoffs in the face of current economic headwinds, more and more workers find themselves facing the challenges and uncertainties that come with being a victim of this restructuring. Employees who have been affected by one of these mass layoffs likely have a lot of questions: Are they getting a fair severance package? Do they have a case for wrongful termination? What will happen to the bonuses they were promised? Many tech professionals often receive a significant amount of their annual income in bonuses issued at the end of the year. Naturally, they are likely concerned that their former employer might withhold these funds if they’re no longer employed at the time of payout. Unfortunately, it’s true that employers don’t have the incentive to pay out bonuses to workers terminated before the end-of-year payment period. But employees have some legal recourse to recover unpaid bonuses in certain cases. Let’s break down the two different types of bonuses workers receive, describe what a non-discretionary bonus looks like, and outline how employees can make a case that they’re entitled to an unpaid non-discretionary bonus, even if they’re no longer employed. Were you laid off before a bonus? If you have questions about non-discretionary bonuses, please contact the experienced employment lawyers at Ottinger Employment Lawyers today. Reach out to us using the form below and we will assist you momentarily. When are Employers Not Required to Pay Out a Bonus? The law categorizes bonuses into two types: discretionary and non-discretionary. Generally, employees are not entitled to recovery of bonuses that are considered discretionary or “unearned.” Laid Off Before Bonus – No Right to Purely Discretionary Bonuses A discretionary bonus is a payment given to a worker under circumstances entirely determined by the employer’s judgment. The decision whether to offer it, as well as when and how much to pay, is completely up to the employer. It is not contingent on contractually outlined performance-based factors: e.g. hours worked, efficiency, or output. The classic example of a discretionary bonus is an employer’s end-of-year holiday gift. Bonuses paid for special occasions, like celebrating a particularly good year, or recognizing a worker’s service tenure, are also discretionary. Because this is a payment that is not linked to any specific actions on the part of the employee, it’s sometimes also referred to as an “unearned” bonus. In California and New York, discretionary or unearned bonuses aren’t considered wages or included in regular or overtime rate of pay calculations. Employees are not legally entitled to the payment of discretionary or unearned bonuses that occur after the end of their employment. Laid Off Before Bonus – California Workers Can Recover Certain Bonuses California employees enjoy rights that few other states offer. For example, even purely discretionary bonuses can give rise to the most developed and powerful employee rights laws in the country. Non-discretionary bonuses are generally recoverable even after an employee has been dismissed. This is because in many states, non-discretionary bonus payments are considered part of a worker’s earned wages. Definition of Non-Discretionary Bonuses For example, in California, non-discretionary bonuses are also referred to as “earned” bonuses, and in accordance with the state’s Division of Labor Standards Enforcement, they must be included in overtime pay calculations. A non-discretionary bonus is a payment specifically linked to an employee’s performance in an agreement made between employer and employee. This type of bonus could take the form of a reward offered to an employee or their division for achieving certain productivity or efficiency objectives in a period of time, e.g., closing a certain number of sales in a month. They could also include incentives that are offered for workers to improve the quality of their work or to remain employed with the organization through a specific date. Discretionary vs Non-Discretionary Bonus – Key Difference The key thing that differentiates non-discretionary or “earned” bonuses from discretionary (“unearned”) ones is that they’re linked to objectives that are specific, known in advance, and agreed upon between worker and employer. These agreements are often outlined in employment contracts, where they include a variable for determining payment as a percentage of base salary plus a multiplier based on performance objectives. The language of the contract should include stipulations on which the promised payout hinges. These can be concrete, measurable performance goals set out in writing or more general “subjective and non-subjective” factors to be determined between you and your boss. If your bonus was promised to you under these terms, it could be designated a payment of earned wages owed to you as compensation for your work. Since, by law, employers generally can’t withhold or deduct wages that an employee has earned as legitimate compensation for their work, they’re responsible for paying out your bonus — even if you’ve been laid off. How to Show that your Unpaid Bonus is Legitimately Owed Compensation Disputes over the nature of an unpaid bonus can arise when there’s ambiguity around certain key terms of the agreement. For example, if: Employers may contest the amount of a promised payment for a bonus agreement that was promised orally, or even deny that a past regularly given bonus was made based on non-discretionary factors. Fortunately for employees, it’s still possible to win a recovery for an unpaid non-discretionary bonus, even in the absence of a written agreement. Bonus disputes are handled either in state court or arbitrated before a Financial Industry Regulatory Authority (FINRA) panel. Courts in New York state, for example, have found oral promises for future bonuses to be legitimate and enforceable contracts. Employees have also proven they’re owed payment for bonuses from implied contracts derived from evidence of past agreements and payments an employer has made. If an agreement doesn’t include an explicit amount an employee should be paid, a court can determine an appropriate amount based on reasonable guidelines, like the employee’s past bonus history. Even if an employee does not complete the full term of work from which the bonus would be calculated, you could […]
