Employment Law Blog Archives - Ottinger Employment Law

Can I Void a Non-Compete Agreement in New York?

Jan 5, 2022 | By Ottinger Employment Lawyers | Read Time: 3 minutes

A non-compete agreement might seem like a trivial work request when you sign it, but the terms of that agreement can severely limit your ability to make a living after you separate from your employment. So what happens if you signed a non-compete agreement that has eliminated your job prospects? There are ways around a non-compete agreement, but you need to know what to look for in the agreement terms and characteristics of your old job. How Does a Non-Compete Work? A business might maintain a competitive edge by offering a superior product, offering better prices, keeping business and product formulas a secret, or preventing its employees from working for a competitor. Non-compete agreements keep former employees from directly competing with a business by barring them from doing certain work for competing businesses or in certain geographical areas. When you apply for a new job, your prospective employer might ask you if you’re subject to any non-compete agreements. If a prospective employer believes that non-compete terms make hiring you too risky, you could lose a job opportunity. Also, a former employer could sue you for breaking a non-compete agreement. If you lose at trial, you might lose your new job and have to pay damages. Breaking a non-compete agreement can be painful, so it’s important to know your options for voiding a non-compete contract before you sign one and before you apply for a new job. How Do I Get Out of a Non-Compete Agreement? The first step to voiding a non-compete contract is understanding when a non-compete agreement is enforceable in New York. To help prevent employee abuse, the State of New York requires that non-compete contracts adhere to the following guidelines: Their terms must be necessary to protect the employer’s legitimate interests, Their terms can’t impose an undue hardship on the employee, Their terms can’t harm the public, and The time period and geographic scope they cover must be reasonable. If a non-compete agreement doesn’t comply with these guidelines, it’s unenforceable as written. A court might rewrite an unenforceable agreement or throw the whole agreement out altogether. You Can Void a Non-Compete by Proving Its Terms Aren’t Necessary Many employers use non-compete agreements to prevent skilled employees with company secrets from taking their skills and secrets to competitors. If your work with your former employer didn’t require specialized skills or didn’t give you access to confidential business information, a court might deem the contract terms unnecessary and free you from restrictions on your job search. If you want to void a non-compete agreement, you should be clear about your former job obligations and the tools you needed to fulfill them. You Can Void a Non-Compete by Proving How Severely Its Terms Would Affect You The inability to make a living could be an “undue hardship” that renders a non-compete unenforceable. Think about your job skills and the specific terms of the non-compete agreement you signed. If the terms of the agreement make it almost impossible for someone with your skills to find a new job, you might be able to void the agreement. But be aware that the inability to make the same wages or work the same exact job isn’t always an undue hardship. You Can Void a Non-Compete by Proving Your Job Skills Are Rare and Necessary for Public Health If the job you perform helps the public in a significant way (e.g., healthcare, environmental protection, etc.) and there aren’t many people in your area who can do your job, non-compete agreement terms that prevent you from working might create unenforceable harm to the public. You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc. An experienced employment attorney can determine what non-compete terms aren’t reasonable in your case. Seek Attorney Help to Fight for Your Livelihood At Ottinger Employment Lawyers, we are consistently successful and aggressive advocates for employees’ rights. We have also experienced attorneys who value constant communication with our clients to help ensure we get what they need. We want to help you thrive in the workplace. Give us a call at 866-234-3862 or contact us online. For details about our New York office, click here.

Employment Law Blog

How Many Days in a Row Can You Work in California?

Jan 3, 2022 | By Ottinger Employment Lawyers | Read Time: 3 minutes

If you are working 7 days in a row in California, you might be entitled to overtime pay. But can your employer require you to work this schedule? In many cases, your employer can’t require you to work seven days or more in a row. However, there are exceptions to this rule and certain loopholes you should understand before you file a complaint over an extreme work schedule. General Rules for Work Schedules in California It’s important to understand your rights as an employee whenever you start a new job or whenever your existing employer makes a request. A key question you might ask is, How many days in a row can you work in CA? In general, every worker should have days of rest. California law normally prohibits an employer from requiring you to work more than six out of seven days. On the surface, this rule might seem pretty straightforward. However, the rule doesn’t always mean that your employer can’t require you to work seven days in a row. Please read on for clarification. California’s Rest Day Rules Aren’t Always About Consecutive Days of Work Looking at the law’s wording, it states that you can’t be required to work “more than six days in seven.” The law clarifies this wording by stating that employees who work jobs that reasonably need longer work weeks can be required to work seven or more days in a row, as long as one out of every seven days in the month is a rest day. This means that all your rest days could potentially come at one point in the month without creating a violation. California’s Rest Day Rules Don’t Apply to All Employees The nature of your work and your particular employee status might also change your entitlement to rest days. The rule that your employer can’t require you to work more than six out of seven days doesn’t apply to common carriers in the train industry or employees needed in certain emergency situations. This rule also doesn’t apply to employees who don’t work more than 30 hours in a week and don’t work more than six hours any day. Determining whether loopholes or exceptions in California’s rest day rules apply to you isn’t always easy. But don’t worry. An experienced employment attorney has the skills and understanding to effectively advocate for your rest days. An attorney can also help you make the best decision about whether to file a complaint. Contact Us Schedule your flat-rate consultation. What to Do If There Was a Rest Day Law Violation Maybe you have the answer to the question, How many days in a row can you work in CA? Maybe you’ve determined that your employer violated the law by depriving you of rest days. What happens now? You can file a complaint with the California Department of Industrial Relations against your employer. Ultimately, your employer’s labor law violation could entitle you to damages or subject your employer to criminal penalties. Contacting an Attorney Today Can Protect You Against Mistreatment Standing up to your employer is rarely easy and often requires expert help. At Ottinger Employment Lawyers, we’ve been winning justice for mistreated employees for over 20 years. We are aggressive, we are professional, and we care about your needs. Contact us online or call us at 866-476-7426 for a consultation. We’re here to talk and solve your employment problems. For details about our Los Angeles office, click here. For details about our San Francisco office, click here.

Employment Law Blog

What Are Time Clock Laws in California?

Jan 3, 2022 | By Ottinger Employment Lawyers | Read Time: 3 minutes

If you’re an employee in California, make sure your employer pays you for your time and lets you rest. California law takes proper employee compensation and break times seriously. If an employer violates California time clock laws regarding employee breaks and compensation, they might have to pay damages. To receive damages for time clock violations, employees need to know their rights and their employers’ obligations. California Time Clock Laws Regarding Compensation California law typically requires your employer to timely and regularly pay you for all your working time. California timekeeping requirements also obligate your employer to keep detailed records of your payroll history and make them available to you. If you inspect your payroll records, you might notice that the amount of time your employer pays you for doesn’t always match the amount of time you actually work. This is likely because your employer engages in rounding hours. Some employers round the hours or minutes their employees work to simplify payroll calculations. An employer might round your working time to the nearest minute, six minutes, quarter-hour, or other amount. Your employer might round your hours up or down. Since time clock rules for hourly employees require that California employers pay for all working time, is hour rounding legal? Rounding hours worked in CA can be legal, but it depends on the details of your situation. In AHMC Healthcare, Inc. v. Superior Court, the California Court of Appeals decided that an employer’s pay policy that rounded hours worked to the closest quarter-hour were legal since: The policy was neutral on its face; The policy was neutrally applied; and The policy didn’t result in systematic undercompensation of employees. This means that if a rounding policy rounds up and down, is not applied to only reduce employee hours, and doesn’t result in constant undercompensation, it’s probably legal. Some California wage laws also closely follow federal law. Under federal law, an employer can round down working time lasting seven minutes or less. This can be disappointing, but the California Court of Appeals indicates that employees should at least break even in a rounding system if they work long enough. California Time Clock Laws Regarding Meal Breaks California law requires that your employer give you a 30-minute, unpaid meal break if you work more than five hours in a workday. The amount of meal breaks you must receive increases with the amount of hours you work. There are some exceptions to this rule. You can waive your meal break if you and your employer agree, and you don’t work more than six hours. You can also waive your second meal break in a 10 to 12-hour shift, as long as you and your employer agree. While there are some exceptions to the meal break rules, they generally apply to hourly and salaried employees alike. And if your employer doesn’t give you proper, uninterrupted meal breaks, you could have a right to premium pay. Contact Us Schedule your flat-rate consultation. What If My Employer Doesn’t Comply with the Time Clock Laws in California? If your employer denies you proper breaks or pays you according to an unlawful hour-rounding policy, you can file a wage-and-hour claim with the California Department of Industrial Relations. You have one year to file a complaint if your employer fails to supply you with your payroll records. You have three years to file a complaint if you don’t get paid for all your hours or you don’t receive proper rest and meal breaks. The time you have to file a complaint can pass quicker than you think. This is why you should contact an attorney as soon as you suspect your employer has violated your rights. Your attorney can meet your filing deadlines and handle your claim while you tend to your other obligations. Contact an Attorney to Claim What You’ve Earned Contrary to popular belief, you aren’t always at the mercy of your employer. Your employer needs to pay what they owe you and provide the rest times you deserve. At Ottinger Employment Lawyers, we are dedicated to helping wronged employees assert their rights. We have more than 20 years of experience, and we have helped thousands of employees. If you’re having trouble with your employer, we hope you’ll reach out. Contact us online or call us at 866-328-0486.

Employment Law Blog

Employment Contracts Attorney in NYC

Dec 29, 2021 | By Ottinger Employment Lawyers | Read Time: 3 minutes

Have you received a new job offer? Congratulations! That is a great accomplishment, especially when New York has recently seen unemployment rates as high as 8.2%. Though you should be grateful for a new employment opportunity, don’t forget what you bring to the table. If you’ve received an employment contract from your employer, don’t sell yourself short. Negotiate for employment conditions that work for you. We can help you understand clauses that commonly come up in employment contracts. We can also help you spot red flags. But remember, negotiating an employment contract is best done with the help of an experienced employment attorney. Common Employment Contract Clauses Knowing what issues are normally covered in many employment contracts can help you determine what to ask for in an employment contract. Typical clauses you might see in an employment contract cover issues such as: Performance expectations, Length of employment, Wages and benefits, Disciplinary procedures, Dispute resolution, and Post-severance activities. The length of your employment and the wages and benefits you receive can be pretty straightforward. Though these issues are typically easy to understand, hiring an employment attorney with experience in negotiating employment contracts can be crucial to your receipt of the best contract terms. The other contract issues mentioned above can be more complex, so we’ll briefly discuss them below. Performance Expectations and Disciplinary Procedures New York is an at-will employment state. This means that the typical employer can fire an employee for any reason or no reason, even if they perform their job perfectly. The only protection an average employee has against arbitrary termination is that their employer can’t fire them for a discriminatory reason or a reason that is against certain public policies. If you have the opportunity to enter into an employment contract, you can negotiate for more job protection. You can ensure increased job security by negotiating employment contract terms that are very clear about what kind of performance your employer expects from you and what disciplinary procedures your employer will use if you fall short of expectations. The clearer your employer’s performance expectations, the harder it will be for your employer to arbitrarily fire you. Also, if there are clear contract terms about how you will be disciplined for performance issues, it will be more difficult for your employer to fire you without using proper disciplinary procedures. Dispute Resolution If you believe your employer violated your employment contract, you can normally sue them for damages in civil court. Many employers don’t want to take their chances with judges and juries as decision-makers in their employment disputes, so they add clauses in employment contracts that require employees to arbitrate their disputes instead. Arbitration can deal a hefty blow to an employee with a strong court case. While many arbitration clauses in employment contracts are legal, New York law doesn’t allow arbitration clauses that prevent employees from going to court for discrimination claims. Negotiating a discrimination arbitration clause out of an employment contract can be easy. However, an employer’s initial proposal of that clause could indicate a toxic workplace. Take note that a potential employer’s contract terms are opportunities to negotiate for better working conditions and opportunities to identify an undesirable job. Post-Severance Activities One of the most painful potential aspects of leaving a job is having to comply with a non-compete clause in an employment contract. Non-compete clauses can prevent you from working in your field for a length of time after leaving your employer. These clauses are enforceable if they have certain reasonable terms and cover legitimate concerns. Depending on your field of work and location, a non-compete clause could hurt your livelihood significantly. Even if a non-compete clause isn’t legal, you might have to suffer through a lawsuit before you’re cleared to move on to new employment. An attorney experienced in negotiating employment contracts can help you determine the effect a non-compete clause could have on you and negotiate more favorable terms. Reach Out to an Attorney Before You Sign an Employment Contract You know you likely need an attorney to make sure the terms of your employment contract are fair. But you might be asking, Who are the experienced employment contract lawyers near me? We have you covered at Ottinger Employment Lawyers. Our experienced employment attorneys have helped thousands of employees over the last 20 years. We want to help you too. Contact us online or call us at 866-328-0486 for a consultation. For details about our New York office, click here.

Employment Law Blog

Can I Sue My Boss for Emotional Distress in California?

Dec 15, 2021 | By Ottinger Employment Lawyers | Read Time: 3 minutes

Mistreatment by your employer or boss can turn your efforts to make a living into an incredibly painful daily burden. You shouldn’t experience mistreatment at work. If you can’t continue working under your employer’s terrible treatment, can you sue your employer for emotional distress? In many cases, you can sue your employer for emotional distress, but it depends on the circumstances of your case. Not All Workplace Issues Can Be the Subject of an Emotional Distress Lawsuit Workers’ compensation law bars many, but not all, emotional distress lawsuits. Under California law, workers’ compensation is normally the exclusive remedy for harmed workers, even those suffering emotional distress at the hands of their bosses. But suing for emotional distress at work is allowed if the basis of your emotional distress lawsuit involves a public policy issue. Workplace public policy issues that could give you the right to sue for emotional distress include: Workplace discrimination under the California Fair Employment and Housing Act, Violations of the California Whistleblower Protection Act, Work safety violations, and Wage and break violations. Sorting out how your employer’s emotionally distressing actions relate to different workplace law violations can be difficult and emotional, but it’s crucial to your case to get that connection right. A skilled employment lawyer knows exactly how to make the connections you need to keep your emotional distress case alive in court. Contact Us Schedule your flat-rate consultation. There Are Different Kinds of Emotional Distress Cases If you have the option of suing your boss for emotional distress, you need to know the basics of this kind of claim. You can sue for intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NEID). There are different standards for proving each kind of emotional distress case, so you want to be clear on the wrongful actions your employer or boss has taken before you file a lawsuit. Intentional Infliction of Emotional Distress To prove IIED against anyone, you have to prove: The defendant engaged in outrageous conduct, The defendant intended to cause you emotional distress or had reckless disregard for the probability of causing you emotional distress, You suffered severe or extreme emotional distress, and The defendant caused your emotional distress. Proving to the court that someone caused you emotional distress is not a simple task. The law requires you to prove “actual” and “proximate” causation of your distress. These are special legal standards that an attorney is in the best position to develop into a persuasive argument. Negligent Infliction of Emotional Distress If you’re suing someone for NIED, you need to prove: The defendant was negligent You suffered serious emotional distress; and Negligence was a substantial factor in causing your emotional distress. This might seem like the simpler standard for proving emotional distress, but that isn’t always the case. To prove their negligence, you have to prove that the person you’re suing caused you damage by breaching a duty that they owed you. Sometimes these elements can be hard to prove. But an experienced employment law attorney who knows the contours of NIED workplace claims can help sort out your claim. Contact an Attorney to Protect You in Stressful Times Suing your boss for emotional distress is not easy. It is an extended process in which professional support can make a world of difference in your fight. We have more than 20 years of experience at Ottinger Employment Lawyers, and we have a singular focus: helping our clients with difficult employment issues. We are a top boutique firm in this area of the law, and we are ready to help you win the compensation you deserve. Contact us on our website or call us at 866-476-7426 for a consultation. We’re available 24/7. For details about our Los Angeles office, click here. For details about our San Francisco office, click here.

Employment Law Blog

Contingency Lawyers for Employment Law Cases in California

Dec 1, 2021 | By Ottinger Employment Lawyers | Read Time: 2 minutes

Sometimes you need legal representation when handling a workplace issue. If you are in that position, we imagine you already feel stuck financially, professionally, and emotionally. But you shouldn’t feel stuck when it comes to getting an attorney. Hiring an experienced employment attorney who works on contingency can free you from some of the financial stress of an employment dispute while you receive good representation. What Are Contingency Employment Lawyers? Many experienced labor and employment lawyers work on contingency. Paying employment and labor law attorneys on contingency means that you don’t have to pay them for their work unless they win in your legal dispute. These attorneys normally receive a percentage of the compensation you win in a legal proceeding or a settlement. If this payment structure works best for you in an employment dispute, you should ask attorneys about the option during any initial consultations. What Should I Look for in a Contingency Fee Arrangement? Whether you’re looking to pay a discrimination attorney, a wage and hour attorney, or a wrongful termination attorney on contingency, there are basic characteristics to look for when negotiating the arrangement. Any attorney you hire for an employment law issue should be willing to negotiate with you about the terms of the arrangement and put them in writing. Under California law, a contract to hire an employment attorney on contingency must cover the following matters: The contingency fee rate you and the attorney agree you will pay; Information about how you and your attorney will handle disbursements and legal and administrative costs connected to your representation; Information about how much you might have to pay (if anything) for related legal matters that aren’t covered by your contingency fee agreement; and A statement that the contingency fee is not set by law and is negotiable between you and the attorney. Please note that your contingency fee agreement can have more terms than this if you and your attorney want that. Also, please note that there are additional requirements for contingency fee agreements for representation in healthcare disputes. When you’re contracting to pay an employment attorney or a wrongful termination attorney contingency fees, the contract negotiation process should be clear. There should also be plenty of communication. If you and your attorney agree that you don’t pay for their work until they win, you should still know what financial obligations to expect before you win any settlements or court awards. You have probably experienced enough unpleasant surprises with your employer. There shouldn’t be unpleasant financial surprises when you’re paying your attorney. Reach Out to Us for an Attorney Who Can Help You At Ottinger Employment Lawyers, you can find contingency lawyers for wrongful termination and other difficult employment matters. We have over 20 years of experience. We have also handled almost every kind of employment matter you can think of. We take the plight of struggling employees personally, and we can help protect you. Night or day, you can call us at 866-974-4304 or contact us online. For details about our Los Angeles office, click here. For details about our San Francisco office, click here.

Employment Law Blog

What Is Gender Discrimination in New York?

Nov 17, 2021 | By Ottinger Employment Lawyers | Read Time: 2 minutes

Employees have the right to work in a discrimination-free environment, where they can freely express their gender. It is the employer’s responsibility to foster this type of workplace by adopting certain policies and practices. Federal, state, and local law prohibit discrimination on the basis of gender, but proving a gender discrimination case can be challenging. Below, we will explain what is gender discrimination in the workplace, what laws are in place to protect employees, what types of acts are discriminatory, and what remedies are available when gender discrimination in the workplace occurs. What Is Gender Discrimination in the Workplace? Gender discrimination in the workplace occurs when an employer (or potential employer) treats an employee (or potential employee) differently because of his or her gender. Gender includes gender identity, gender expression, and sexual orientation. It is worth noting the difference between “sex” and “gender.” While these terms are often used interchangeably, they are distinct and have different meanings. Sex is biologically assigned at birth, and gender is how a person identifies and how society views them. Examples of Gender Discrimination in the Workplace Gender discrimination can happen anytime during the hiring process, while employed, or upon terminating the employment relationship. This type of discrimination comes in many forms and can occur in any business-related activity, policy, or behavior. For example, refusing to hire a gay man because of his sexual orientation or not promoting a woman because of her gender is gender discrimination. Here are some instances where gender discrimination in the workplace can occur: Hiring, promoting, or firing; Advertising; Benefits and compensation; and Any action or inaction related to the terms and conditions of employment. Creating or allowing a hostile work environment is also a form of gender discrimination. What Laws Protect Employees from Gender Discrimination in the Workplace? Title VII of the Civil Rights Act of 1964 is a federal law that protects employees and applicants from gender discrimination in the workplace. This law applies to public and private employers with 15 or more employees, the federal government, employment agencies, and labor organizations. There are additional protections at the state and local levels. New York actually has one of the strongest anti-discrimination laws in the country. Specifically, the New York State Human Rights Law and New York City Human Rights Law give New York employees the right to a workplace free from gender discrimination. Speak with a Gender Discrimination Lawyer Gender discrimination in the workplace cases can be difficult to prove. Even though the discrimination may be and feel apparent to you, the bar is quite high to be successful. You need to show that you were discriminated against and that the discrimination was based on your gender. This is where the employment lawyers at Ottinger Employment Lawyers can help. At Ottinger Employment Lawyers, we have been assisting clients with work-related issues since 1999. Our New York employment lawyers represent employees of all different job levels. Contact us online or call anytime to schedule an appointment to discuss your case. For details about our New York office, click here.

Employment Law Blog

How to Find the Best Sexual Harassment Attorney in New York City

Nov 3, 2021 | By Ottinger Employment Lawyers | Read Time: 3 minutes

When you’ve been through a trauma like workplace sexual harassment in New York, the last thing on your mind is finding an attorney. You may be wondering if your job is in danger—or even if you’re a victim. However, workplace sexual harassment is a form of legally prohibited sexual discrimination. And if it happens to you, you need to be looking for the best New York sexual harassment attorney right away. If you think you’ve been sexually harassed, our team of experienced NYC sexual harassment attorneys can help. At Ottinger Employment Lawyers, we’ve handled many workplace sexual harassment cases and are experienced in the nuances of workplace sexual harassment claims. What Should I Look for in a New York Sexual Harassment Attorney? First and foremost, you should feel comfortable with your lawyer. As someone who has gone through a traumatic experience, you’ll want a lawyer you can trust. Being able to truthfully recount all the facts and circumstances of your claim to your lawyer is very important. When searching for a New York sexual harassment attorney, find out how many New York City sexual harassment lawsuits they have handled. Find out the types of situations involved in these cases. Be sure to discuss potential remedies you can pursue. For instance, if you were sexually assaulted by a coworker, it may not make sense to hire a lawyer who has never tried a contentious case involving physical sexual assault before. On the other hand, if your employer is very willing to come to a settlement with you, carefully consider whether you should hire counsel who wants to rush into the courtroom. What Is Workplace Sexual Harassment Anyway? When you select an attorney, make sure you’re both on the same page about the merits of your case. Workplace sexual harassment can include a variety of conduct, including (but not limited to): Unwanted touching; Making offensive sexual remarks, gestures, or innuendos; Giving inappropriate gifts; or Sharing graphic images. Typically, the conduct needs to be severe and pervasive enough that it creates a “hostile work environment.” This means exactly what it sounds like: the conduct creates an offensive and intimidating environment that interferes with your ability to perform your work. In the alternative, the offensive conduct could be seeking a “quid pro quo.” This means that someone with some kind of workplace power over you is basing an employment decision—like hiring, promoting, giving a raise, or firing—in exchange for a sexual demand. When Is My Employer Liable for Sexual Harassment? The law of New York is clear: employers are liable for sexual harassment by supervisors and managers. This is true even if the employer doesn’t have direct knowledge of a manager or supervisor’s harassment. An experienced New York sexual harassment attorney like our team at Ottinger Employment Lawyers can help you understand these issues. We can also help you understand what your remedies might be. Work with the Best Ottinger Employment Lawyers have been serving the New York community for over 20 years. If you’re looking for experienced sexual harassment attorneys in New York City, we’d be happy to discuss your claim. We’ve helped hundreds of employees understand their rights and get the compensation they deserve when they’ve been harassed. Contact us today to discuss how we can help you. For details about our New York office, click here.

Employment Law Blog

New York Quid Pro Quo Sexual Harassment Laws

Oct 20, 2021 | By Ottinger Employment Lawyers | Read Time: 3 minutes

In recent years, many workplaces have started requiring workplace sexual harassment prevention courses. Yet every day, people continue to experience sexual harassment at work, even from those who are supposed to protect them—such as their supervisors. One specific type of violation is sexual harassment quid pro quo. Let’s take a closer look at this somewhat unfamiliar term. What Is Sexual Harassment? Federal and state laws generally define sexual harassment as unwelcome sexual advances or conduct of a sexual nature that impacts your job performance or that creates a hostile or offensive work environment. Quid pro quo sexual harassment is a distinct act of harassment related to the laws against sexual harassment. What Is Sexual Harassment Quid Pro Quo? “Quid pro quo” is a Latin phrase that means “this for that.” In the sexual harassment context, if an employer makes demands for sexual favors or sexual contact from an employee or a job applicant as a condition of employment, they are committing quid pro quo sexual harassment. It need not be the lead or main employer. Any person in a position of authority (e.g., an executive, manager, or supervisor) who commits the act of requiring something of a sexual nature for something related to employment is committing quid pro quo sexual harassment. To further clarify the scope, that quid pro quo sexual harassment definition also includes a person in authority who: Makes sexual demands in exchange for an employment benefit (such as a raise, new opportunity, promotion) or Terminates, demotes, or reassigns an employee for complaining about sexual harassment. When a person in authority makes any issue of employment dependent on sexual conduct in any way, the law can find them liable for quid pro quo sexual harassment. Contact Us Schedule your free consultation. Should I Contact a Lawyer If I Experienced Quid Pro Quo Sexual Harassment? Sexual harassment, including quid pro quo harassment, is a form of unlawful sex discrimination under federal law, Title VII of the Civil Rights Act of 1964 (Title VII), as well the New York State Human Rights Law and some local law (for example, the New York City Administrative Code). Specialized lawyers from California to New York handle these cases. You should contact an employment law firm if you think that sexual harassment quid pro quo is taking place in your workplace. Lawyers who are experienced understand that if someone commits quid pro quo sexual harassment against you, you may be feeling afraid, angry, threatened, and even embarrassed. They will hear your story without judging you. Ultimately, they can help protect your rights and advocate for you, and they will help you pursue appropriate legal claims. A person has no right to commit sexual harassment quid pro quo. If an employer has acted this way toward you, their conduct wronged you and they have violated the law. You have legal protections, and you should make sure you receive the compensation you may be entitled to. Ottinger Employment Lawyers For over 20 years, the attorneys with Ottinger Employment Lawyers have worked tirelessly to defend the rights of workers. We deal with cases of all types, and we are never afraid to go after even some of the largest employers in our country. Whether addressing sexual harassment, contract negotiation, wrongful termination, or employment class-action lawsuits, we go the extra mile for our clients. We are one of the country’s top boutique employment law firms with offices in San Francisco, Los Angeles, and New York. Yet we still provide personalized service to each person we serve. We never lose sight of the fact that our job is to represent you. Do you have an employment law concern? Discuss your case with us. Schedule a free consultation via our online service or by calling us at 866-938-1129. For details about our New York office, click here

Employment Law Blog

How Many Days in a Row Can You Work in California?

Oct 6, 2021 | By Ottinger Employment Lawyers | Read Time: 3 minutes

If your employer wants to schedule you to work more than the standard eight hours a day for five days a week, you might have a lot of questions. A major question you might have is, How many days in a row can you work in California? The simple answer is, you can work seven days a week, but your employer needs to pay you extra. If you work seven days a week for your employer, make sure they respect your rights and pay you adequately. Many California Employees Are Entitled to Overtime Pay for Their Seventh Workday California’s overtime laws are pretty favorable to employees compared to other states. Generally, you receive overtime if you work more than eight hours in a workday or 40 hours in a workweek. Depending on how many hours you work, you should receive one and one-half or two times your regular pay rate. You can read more about calculating overtime pay in our article on Overtime Pay in California. Your entitlement to overtime pay also depends on how many consecutive days you work in a seven-day workweek. When you work seven days in a row, your employer must pay you an overtime rate. Your employer must pay one and one-half times your regular pay rate for the first eight hours you work on your seventh workday. When you work more than eight hours on your seventh workday, your employer must pay you twice your regular pay rate for time worked beyond the first eight hours. Your employer also must pay you an increased rate if you work unauthorized overtime. However, those unauthorized hours might be the last hours you work for your employer. While your employer has to pay you for working unauthorized overtime hours, they can also discipline you for working unauthorized hours. Your Employer Can Require You to Work Overtime Hours, But They Can’t Require You to Work Seven Consecutive Days Just because you can work seven days in a row, doesn’t mean you must work seven days in a row. In most cases, your employer can discipline or terminate you if you don’t work scheduled overtime. But your employer can’t discipline you if you refuse to work seven days in a row. It’s your choice whether or not you work for seven consecutive days. Contact Us Schedule your flat-rate consultation. You Can File a Complaint or Lawsuit If Your Employer Doesn’t Properly Pay You for All of Your Overtime Hours Be sure to scrutinize your paychecks to make sure your employer is paying you the proper amount for overtime. It’s easy for an employer to shortchange you on the money you earned. Some do this by ignoring overtime laws or not using the right regular pay rate to calculate your overtime compensation. Your regular pay rate should include your base hourly rate and other benefits such as non-discretionary bonuses and commissions. If you’re not being paid overtime for working seven days in a row, or if you’re not being paid enough overtime for your work, you’re likely the victim of wage theft. The United States House of Representatives recently found that wage theft costs American workers more than an estimated $15 billion per year. That’s a lot of hard-earned money that’s going into the wrong pockets. Wage theft victims can sue their employers or file a wage claim with the Division of Labor Standards and Enforcement. An experienced employment lawyer can maximize your recovery in a wage complaint or lawsuit. Contact an Attorney to Recover the Value of Your Hard Work Victims of wage theft don’t have to fight their employers alone. At Ottinger Employment Lawyers, we have over 20 years of experience, focusing on only representing the rights of employees. Our firm is a top boutique employment law firm in the country, and we serve our clients with compassion. Our attorneys have helped thousands of employees. We want to help you, too. Contact us online, or call us at 866-476-7426 for a consultation. For details about our Los Angeles office, click here. For details about our San Francisco office, click here.