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.
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 […]
Are Non-Competes Enforceable in New York? 5 Ways to Beat Them
Aug 8, 2024 | By Robert | Read Time: 5minutes
Ottinger Employment Lawyers Can Help with Non-Compete Agreements New York non-compete agreements are widely abused and overused. Most of them are not enforceable because New York disfavors them. New York courts will only enforce them in only very rare limited situations. As explained more below, we are able to defeat most non-compete agreements by using the Legitimate Business Interests Test. A court will only enforce a non-compete agreement if the company can satisfy this test and most companies cannot do so. In this post, we’ll lay out what New York law says about non-compete agreements, review five effective tactics that employees can use to invalidate one, and explain how workers can seek support in overcoming their employer’s non-compete agreement. How Non-Compete Agreements Started Non-compete agreements were historically in place by companies to protect their proprietary interests from competitors. These agreements restricting when, where, or for whom employees can work were once limited to specific individuals: for example, high-level company executives who had access to company trade secrets or workers who developed unique skills while employed by the company. Over the past decade, however, companies have started asking rank-and-file employees to sign non-compete agreements. Are Non Competes Enforceable in NY? Non Competes Today It’s estimated that one in five American workers today is bound by one of these agreements, restricting their ability to seek competitive wages or pursue their professional goals. In some states, like New York, courts are taking steps to limit the power of non-compete agreements and the negative impact they can have on workers and the economy. What most employees don’t realize is that even though non-compete agreements are legal for employers to issue in New York, many of these agreements are not enforceable. Ottinger Employment Lawyers have been assisting executives with non-compete issues since 1999. Submit the short form below to get started with a consultation. If you have questions about non-compete agreements in New York, our attorney, Robert Ottinger is an expert when it comes to non-compete agreements in New York. If you would like to get in contact with a New York employment law attorney, contact us today. What is a Non-Compete Agreement? In response to the passing of A1278B by the New York State Assembly on June 20, 2023, the state’s labor law now expressly prohibits the enforcement of non-compete agreements among workers. This law marks a significant change, following the Federal Trade Commission’s proposal for a nationwide ban on non-competes. A non-compete agreement is a clause typically inserted into an employment or separation agreement that prohibits a person from working for a competitor of their employer in a given area and/or for a period of time. It could also be presented to you as a separate contract after you’ve begun working. A non-compete agreement can limit your ability to move around in your industry, pursue new opportunities, and find competitive wages. By signing one, you effectively agree that if you stop working for your employer, you will face limited options for finding a new role that uses your skills and experience. For example, a consultant who works in New York City might be prohibited from finding a role form a new firm that operates anywhere in Manhattan. A non-compete agreement could also bar someone from looking for work in their industry from six months to two years after they leave their previous employer. If you break your end of the contract by taking a job with a competitor, your employer may sue. This can put a significant financial and legal burden on employees and put any potential new job opportunities at risk. How to Evaluate New York Non-Compete Agreements In New York, courts largely disfavor non-compete agreements and enforce them only when necessary. They consider four factors when determining whether to enforce an agreement: In New York, the courts apply the same standard to non-solicitation agreements. These four criteria place a high bar for non-compete agreements — one that many of them can’t meet. They also give employees a number of arguments that can be used to fight their existing non-compete agreements in court. If a non-compete agreement doesn’t meet one of these criteria, then it can be rendered invalid by a judge. 5 Ways to Defeat a New York Non-Compete Agreement Workers in New York have successfully used a number of tactics to prove that their employers’ non-compete agreements are unenforceable. Here are some of the arguments that most commonly help invalidate these agreements in court. 1. Fired Without Cause If your employer is not willing to employ you, courts generally will not enforce a non-compete agreement. This is almost black letter law in New York, so if you were fired without cause, your non-compete agreement is not enforceable. 2. The Legitimate Business Interests Test An employer cannot enforce a non-compete agreement against an employee unless it can demonstrate a legitimate interest that needs to be protected. In most cases, the only legitimate interest that justifies the enforcement of a non-compete clause is a trade secret. This means that your non-compete agreement is not enforceable unless your company has trade secrets, and you know about them. Fortunately, very few people have actual knowledge of a company’s trade secrets, which makes many non-compete agreements unenforceable. Courts don’t want to lock talented employees out of their fields unless there is a very good reason to do so. 3. Unclean Hands – Breach of Contract by Employer A non-compete agreement is a legal contract. But your employer cannot legally enforce an agreement that it breached itself. Your non-compete is probably part of your employment agreement. Has your employer violated any of its promises? Read through your employment contract carefully to determine if your employer has breached any terms, which could be grounds for invalidating the agreement. 4. The Janitor Rule The Janitor Rule is a tool used by courts to void non-compete agreements that are so broad that they’d prevent an employee from working with a competitor even in an unrelated role, e.g. as a […]
