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...
Continue ReadingAs 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...
Continue ReadingOttinger 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...
Continue ReadingWrongful termination lawsuits, often rooted in public policy violations, require a compelling link between the employee’s actions and the specific public policy involved. These legal actions are intricate and demanding, offering a means of compensation for employees who claim unjust dismissal. One of the most common reasons a former employee may file a lawsuit against their previous employer is...
Continue ReadingImagine: You arrive for your shift at the LA restaurant where you work on payday, looking forward to taking home a paycheck at the end of the night. But when you go to your manager to pick up your paycheck, your manager doesn’t have it. He says the restaurant is having a temporary cash flow problem but promises that...
Continue ReadingMcKenzie was at home, washing baby bottles for her newborn, when she got the news that her position as a communications professional at Salesforce had been eliminated. She was shocked — although the company had announced in early 2023 that 10% of the workforce would be laid off, McKenzie thought that she’d be legally protected from termination by her maternity leave. She’s...
Continue ReadingIf you’re an employee in California, make sure your employer pays you for your time and lets you rest. Under California labor law, employers are not required to offer mandatory grace periods for clocking in and out. However, employers have the option to provide a voluntary 10-minute grace period for employees when they clock out. This flexibility aims to...
Continue ReadingWorkers in California are cheated out of an estimated $2 billion in stolen wages every year. Although California has some of the strongest employee protection laws in the nation, wage theft is unfortunately still pervasive in the state. Especially among low-wage and hourly workers. Many employees don’t even realize that their employers are stealing from them. And those who...
Continue ReadingThe Family and Medical Leave Act (FMLA) permits eligible employees unpaid, job-protected leave for specified family and medical reasons. The FMLA allows qualifying employees approximately 12 weeks of unpaid time. During leave, the FMLA requires employers to continue the employee’s health insurance coverage. Employers must also allow employees to return to their jobs with no repercussions. Violations of FMLA...
Continue ReadingNon-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...
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