Employment Law Blog: What Are Your Rights as An Employee?

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Supreme Court Clarifies Discrimination Standards

June 11, 2025

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,...

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Exempt vs. Non-Exempt Employment in NY

August 9, 2024

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...

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Bonus Payment After Termination in California: Are Laid Off Employees Still Entitled to Them?

August 8, 2024

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...

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Are Non-Competes Enforceable in New York? 5 Ways to Beat Them

August 8, 2024

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...

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3 Powerful Wrongful Termination Cases Won (by the Supreme Court)

August 8, 2024

Wrongful 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,...

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What Is the Penalty for Not Paying Employees on Time in California?

July 19, 2024

Imagine: 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...

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Is It Illegal to Lay Off Pregnant Employees in California?

June 20, 2024

McKenzie 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...

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California Time Clock Laws - A Complete Guide

June 20, 2024

If 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...

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What Employees Need to Know about California’s New Wage Theft Law

May 13, 2024

Workers 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...

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Signs Your Employer Is Violating Your FMLA Rights in California

May 13, 2024

The 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....

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Federal Trade Commission’s New Rule Bans Non-Compete Agreements in All Employment Contracts

May 2, 2024

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...

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What Are Considered Part-Time Hours in California?

January 19, 2024

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,...

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Can I Waive My Lunch Break in California?

January 17, 2024

To protect employee safety and wellbeing, employers are legally required to give their workers break periods for meals and rest time during the course of a work day. Sometimes, though,...

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How Many Hours Are Required Between Shifts in California?

January 17, 2024

You just got home from a long day at work when the phone rings. It’s your manager and he “hates” to bug you, but someone just called in sick. He...

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What are the Meal and Rest Break Requirements for CA Employees?

December 25, 2023

California Meal And Rest Break Requirements For Employees Although employees in California are protected by some of the strongest employment laws in the U.S., workers here also experience some of...

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How It Just Got Easier For California Workers To Get Justice For Employer Retaliation

December 12, 2023

You’re an associate at a wealth management firm in Sacramento, where, for the past couple of months, your manager has been making increasingly inappropriate comments about your appearance and body....

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What California’s Latest Crackdown On Non-Compete Agreements Means For Employees

December 12, 2023

Around 40 percent of American workers face limitations in their career development and earning power due to an employer’s non-compete agreement. Often under the guise of safeguarding a company’s protected...

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Are Non-Compete Agreements Enforceable in California? Why Executives Cannot Ignore Them

November 10, 2023

Across America, almost 30 million workers have signed non-compete agreements as a condition of their employment. The purpose of these agreements is to protect trade secrets, confidential customer information, or...

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How To Spot Age Discrimination In The Workplace

November 8, 2023

On November 4, 2022, thousands of employees at Twitter were dismayed to log into their company email only to learn that their jobs had suddenly been eliminated. Just days after...

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How California’s Minimum Wage Rates Will Change in 2024

November 8, 2023

Certain California workers can look forward to a pay bump in the coming year, thanks to new legislation recently approved by the governor. Out of hundreds of bills debated by...

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New York Labor Laws (Updated for 2025)

November 8, 2023

New York state is changing labor & employment laws in 2025, continuing its commitment to worker protection and fair compensation. These updates affect wages, benefits, and workplace rights across all...

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How California’s Courts Are Standing Up To Protect Workplace Whistleblowers

November 8, 2023

It looked like a classic case of employer retaliation. A. was a bartender at Kolla’s nightclub in Orange County. In April 2014, after she hadn’t been paid for three shifts...

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What Protections Do Pregnant Office Workers Have in California?

October 2, 2023

Although women have been an important part of the U.S. workforce for decades, many employers unfortunately still have doubts about their capacity to serve as both professionals and mothers. The...

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Can My Employer Limit What I Can and Can’t Say in California?

September 29, 2023

In this blog post, we’ll break down the details of SB 331, explaining what it says about when your employer can and can’t use legal methods to keep employees silent,...

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What Gig Workers Should Know About the Current State of California’s AB 5

September 22, 2023

Every year, thousands of Californians are deprived of their legally entitled rights, benefits, and protections by employers who illegally classify their workers as temporary contractors instead of employees. In 2020,...

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

September 14, 2023

If you are working 7 days in a row in California, you might be entitled to overtime pay. What is the maximum number of days allowed to work in a...

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California Says Arbitration Agreements Can’t Keep Workers From Suing Over Collective Labor Violations

September 11, 2023

More than half of non-unionized employees in the U.S. have signed an arbitration agreement in order to work at their current job. Employers often require workers to sign these agreements...

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Why Don’t We Hear About Gender Discrimination in CA Tech Companies

September 11, 2023

Françoise Brougher was excited to accept her new role as Chief Operating Officer at Pinterest in 2018. As COO, Françoise was in a critical and influential position at the popular...

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Why a CA Court’s Ruling is a Win for Survivors of Workplace Sexual Harassment

September 11, 2023

It’s a situation that’s all too common. Cassandra worked as a product sales specialist at GE. Although she’d only been there for two years, she was already regularly recognized as...

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5 Signs You Should Contact a Lawyer about Pregnancy Discrimination in California

September 11, 2023

Pregnancy discrimination is among the most pervasive and least discussed forms of employment discrimination in the U.S. Even though discrimination against pregnant workers is banned under federal law, some states,...

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What Constitutes Sexual Harassment In The Workplace In California?

May 5, 2023

An executive at Wells Fargo. An Orange County golf club attendant. Fourteen male crew members on ABC’s TV production team. Professionally, they don’t seem to have much in common —...

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What's the Supreme Court’s Decision on Overtime for Highly Compensated Executives Means for Employees

May 5, 2023

Overtime pay is designed to ensure that employees are adequately compensated for working beyond their standard hours. But employees often have a number of misconceptions about who is entitled to...

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What Are the Most Common Wage Violations in California?

April 13, 2023

If you’re concerned your employer has committed a wage violation and is withholding your pay, get in contact with an experienced wage and hour attorney at Ottinger Employment Lawyers. We’ve helped...

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4 Questions New York Physicians Should Ask to Beat a Non-Compete Agreement

March 27, 2023

For workers in any industry, non-compete agreements are bad news. If you’re a medical professional, these contracts can prevent you from seeking more competitive pay or pursuing your professional goals...

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What Employees Should Know about the FTC’s Proposed Ban on Non-Compete Agreements

February 23, 2023

An estimated 30 million U.S. employees today are bound by non-compete agreements that place limits on their freedom to pursue competitive wages and new job prospects. These restrictive contracts —...

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Tech Layoffs: How to Know if You Have an Employment Lawsuit

January 19, 2023

Tech workers around the country have been on edge in recent months as companies resort to restructuring to weather uncertain economic conditions. Following downsizing at Peloton, Lyft, and Twitter, Meta’s...

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3 Things Women Should Know about Pregnancy Discrimination at Work

January 19, 2023

Pregnancy discrimination is a pervasive problem in American workplaces. Since 2016, the number of federal pregnancy discrimination lawsuits has been increasing steadily — even with women now making up 52%...

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How #MeToo Changed Workplace Sexual Harassment Law

January 5, 2023

On December 20, 2022, disgraced film producer Harvey Weinstein was found guilty of three counts of rape and sexual assault in Los Angeles court. The timing of this conviction —...

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3 Most Common Questions Executives Have About Severance Agreements

December 16, 2022

The second half of 2022 has been a tough time for many workers and job seekers. As inflation climbs and recession looms, even the biggest names in tech, media, and...

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What Makes a Non-Compete Agreement Unenforceable in New York?

December 16, 2022

Do you feel trapped by a non-compete agreement? You might have more options than you think. Here’s a look at when non-competes are enforceable in New York. Non-compete agreements are...

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What Executives Need to Know about New York State Sexual Harassment Laws

December 16, 2022

New York state and New York city have made changes to sexual harassment laws to strengthen protections and create safer, more respectful work environments. The updates expand New York employer...

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What the End of Forced Arbitration Means for Workplace Sexual Harassment Claim

December 16, 2022

Sexual harassment victims now have a new weapon at their disposal. These cases are now exempt from forced arbitration clauses. This is a huge new development that should help victims...

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How Does California’s Equal Pay Act Impact Your Compensation?

April 29, 2022

California passed the Equal Pay Act in 1949 in hopes of closing the wage gap between men and women. Unfortunately, the original law had significant loopholes. To strengthen the Equal...

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How FEHA Can Help a CA Employment Discrimination Case

April 26, 2022

The Fair Employment and Housing Act (FEHA) is the primary law that protects California employees from workplace discrimination, harassment, and retaliation. And thanks to a fairly recent revision to the...

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Working from Home and Electronic Monitoring Laws

April 20, 2022

With so many people now working from home, it’s understandable to wonder how much of our remote work employers can monitor—and, of course, whether any privacy laws protect against electronic...

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New York Whistleblower Laws

April 18, 2022

New York whistleblower laws protect employees that speak up at work. Whistleblowers play a key role in keeping workplaces safe by exposing fraud, waste, or corruption that affects New Yorkers....

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How to Prove Racial Discrimination in the Workplace

April 12, 2022

The sad reality is that in 2023, racial discrimination in the workplace remains a problem. Though some people encounter supervisors or coworkers making blatantly racist comments, more often racism is...

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What Are the Employment Background Check Laws in New York?

April 8, 2022

For many job-seekers, it feels like that one bad decision they made when they were young will follow them forever. Having to check yes on an application to the question,...

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California Medical Discrimination Laws

April 4, 2022

Suffering from a medical condition can take a toll on your life. You may not be physically able to do everything you would like to do. And treating your condition...

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Does California Have Gender Identity Discrimination Laws?

March 14, 2022

California gender identity discrimination laws are plentiful. The Fair Employment and Housing Act (FEHA) in particular safeguards your right to work in an environment free from harassment. In California, your...

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California Minimum Wage Laws

February 9, 2022

Your time and labor are valuable, so it’s important to ensure your employer pays you what you’re worth. In most cases, you should be receiving the California minimum wage rate...

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

January 5, 2022

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...

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Employment Contracts Attorney in NYC

December 29, 2021

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...

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Can I Sue My Boss for Emotional Distress in California?

December 15, 2021

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...

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Contingency Lawyers for Employment Law Cases in California

December 1, 2021

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...

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New York Quid Pro Quo Sexual Harassment Laws

October 20, 2021

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...

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

October 6, 2021

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...

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How to Win a Wage Claim in California

September 1, 2021

California has a robust set of laws that protect workers’ wage rights. The California Division of Labor Standards Enforcement⁠ (DLSE) is the state-level agency that handles wage claims made by...

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Waiting Time Penalty for Final Wages in California

August 27, 2021

California law states that when you end your employment relationship with an employer, they must pay your final wages immediately. If they don’t, then there are remedies available to you...

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Can a Doctor Be Held to a Non-Compete in New York?

August 13, 2021

A non-compete agreement is a written contract that prohibits an employee from operating a competing business or working for a competitor in a specified geographic area for a specified period...

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Whistleblowing Under California Employment Laws

June 25, 2021

California whistleblowing law is designed to protect employees who report misconduct at work. These laws protect employees in Los Angeles, San Francisco, and throughout the state from retaliation. Whistleblowing refers to when an...

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What is Constructive Discharge in California

March 17, 2021

Constructive discharge is a term used to describe a situation where an employer forces an employee to quit. This is often referred to as constructive dismissal or constructive termination. Rather...

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103 Laws Protecting California Employees

June 17, 2020

If you want to find a comprehensive list of laws protecting California employees, then this post is the place for you! Below you will find 103 laws that offer legal...

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Defeating a Non-Compete Agreement

June 9, 2020

In this post, the New York employment lawyers are going to show you exactly how to get out of a New York non-compete agreement. In fact, this is the exact...

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Zoom and the Inside Sales Exemption

April 26, 2020

The Coronavirus pandemic is forcing rapid change on the way we work and some of those changes might stick. Zoom meetings, for example, are replacing business trips while travel is...

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The “Choice of Law” in Non-Compete Disputes

April 1, 2020

The “choice of law” in a non-compete dispute can impact the outcome of the case. New York, Massachusetts, and California, for example, have highly developed laws that favor employee mobility. Other states...

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Trade Secrets: What Companies Must do to Protect them

April 1, 2020

A trade secret is, essentially, information of commercial value that is kept secret by those who have an interest in protecting and benefitting from its value. The attribute of secrecy is...

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Pregnancy Discrimination at Work: A New Epidemic

April 1, 2020

My name is Robert Ottinger and I’m an employment lawyer. For 20 years I’ve been helping employees and we have offices in New York and California. Trying to work while...

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New York Non-Compete: The Legitimate Interests Test

April 1, 2020

Decided almost a half century ago, Reed, Roberts Assoc. v Strauman, 40 N.Y.2d 303 (N.Y. 1976), remains a pillar of New York case law when determining if a non-compete is enforceable. With...

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FMLA Firings: Getting Fired for Taking Family Leave

April 1, 2020

My name is Robert Ottinger and I’m an employment lawyer. My law firm, The Ottinger Firm has been helping employees for over 20 years and we have offices in New York and...

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Federal Ban on Non-compete Agreements—Is It Possible?

April 1, 2020

Non-compete agreements have the attention of congress. A bipartisan effort to regulate non-compete agreements on a federal level was introduced in the U.S. Senate in October 2019 by Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.). Senate...

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Non-Solicitation Agreements: Announcing Your Change of Firms without Getting Sued

April 1, 2020

Recently, an Indiana federal district court tackled the issue of whether a former employee’s change in employment announcement to clients constitutes solicitation. In Edward D. Jones & Co., L.P. v. Kerr, No. 1:19-cv-03810-SEB-DML (S.D. Ind.,...

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Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

March 25, 2020

When can You Take FMLA? Under the federal Family and Medical Leave Act, or FMLA, you can take up to 12 weeks of leave within a 12–month period when: You are...

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Employment Discrimination Under California Law

March 25, 2020

Employment discrimination is against the law. Employers are not allowed to treat you differently because of your: Pregnancy Age Race Ethnicity Religion Gender Disability These descriptions, among others, fall into...

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The Ultimate Guide to Right to Sue Letters

March 20, 2020

This guide is for anyone who has received a right to sue letter or wants to know more about them. You will learn what you need to do when you...

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Your Employment Rights: A Guide for Workers

March 20, 2020

Are you facing a work-related problem? Maybe you’re worried that you’ve been discriminated against in the hiring process because of your race, gender, sexual orientation, or disability. Maybe there’s a problem...

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California Wrongful Termination in Violation of Public Policy

January 28, 2020

California employment relationships are generally at-will, meaning either party may terminate the relationship with or without cause at any time and for any reason or no reason at all. However,...

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New York (NY) Wrongful Termination Laws

January 23, 2020

What NY workers need to know about their rights in cases of illegal retaliatory employment termination NY wrongful termination occurs when an employee is fired for an illegal reason. But NY...

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California’s Gig Law is Impacting Musicians, Actors and other Creatives in a Bad Way

January 15, 2020

Proper classification of independent contractors and employees has never been simple, and the passage of California’s new gig law Assembly Bill 5 (“AB5”) ensures this issue will continue to pose challenges for workers and...

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California’s Gig Economy Forecast: More Lawyers, More Rhetoric

January 8, 2020

Some things seem certain for gig economy companies like Uber in 2024: they will continue to accrue legal fees and continue to claim they are just “mobile application platforms” and emphatically not service providers. Let’s look at Uber as an example. Even as it...

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California’s Gig Economy Law: 5 Things to Know

January 7, 2020

The new “Gig Economy Law” – also known as Assembly Bill 5 (AB5) – was signed into law on September 18, 2019. How much the law will actually impact California companies, employees and independent contractors has been a hot...

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Fired at Will - You Can Lose Your Job for Any Reason

November 21, 2017

You might feel that you have cannot be fired without a good reason. Many people feel the same way. But the brutal truth is that you can be fired for...

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Silicon Valley Sexual Harassment

July 12, 2017

Silicon Valley sexual harassment is getting a lot of attention lately. Although it has been an issue for a long time, many women in the industry have recently shared their sexual harassment stories. As...

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FMLA Retaliation Cases

June 30, 2017

FMLA retaliation cases are potent weapons that can flip the balance of power in favor of employees. Employees can really stand up for themselves and recover good settlements. ...

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10 Severance Pay Negotiation Tips

September 15, 2015

If you are evaluating a severance agreement, you should consider speaking to one of the experienced severance agreement lawyers at Ottinger Employment Lawyers. The video below provides some insight...

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Six Key Points to Consider when Reviewing a Severance Agreement

September 15, 2015

These tips may help you evaluate your severance package. Each case is different so mileage may vary. It’s a great idea to consult with an experienced New York...

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Business Expense Reimbursement for San Francisco Employees

August 7, 2015

Many San Francisco employees are required to commute between two or more work sites during the day. This obligation raises several important issues that San Francisco employees should be aware...

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New York Severance Agreements

July 13, 2015

As a general rule, employment relationships in New York are at-will. Typically, that means you can be terminated for any reason (or even no reason), so long as your employer...

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New York Non Compete Agreements Can Shackle Your Career

July 9, 2015

Historically, New York non compete agreements have been used to protect narrow and legitimate interests. For instance, a non-compete clause might limit the ability of high-level executives with access to trade secrets...

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Non-Compete Agreements are Bad for Business

April 9, 2015

As you may know, New York and most other states do not prohibit non-compete agreements. In fact, NY courts will enforce these agreements. In California, non-compete agreements have been prohibited since...

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10 Things Companies Want in Their Severance Agreements

April 9, 2015

Jon Hymen of Ohio Employers Law Blog compiled the list below of 10 points that companies often include in their severance agreements. If you, as an employee, are provided with a severance...

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What Is In A New York Severance Package?

April 9, 2015

We get a lot of questions about severance packages. People want to know what is in one and how much money they should contain. New York severance packages vary from company...

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Severance Agreement Oppression

April 9, 2015

Regulators are getting stricter about severance agreements. Read on to learn about how some severance agreements were found to be TOO strict and how to protect yourself when signing one. There...

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Retaliation Cases Are Favored by the EEOC

February 18, 2015

A recent report from the Equal Employment Opportunity Commission (EEOC) reveals that retaliation cases are preferred by the agency. The EEOC enforces the federal laws that make it illegal to discriminate or...

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IS JESSE PINKMAN ENTITLED TO OVERTIME PAY?

October 10, 2013

THIS POST CONTAINS SOME SPOILERS Jesse Pinkman has a lot of things on his mind, including an open DEA investigation and the violent death of everyone he’s ever loved. Unpaid...

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Overtime Pay Basics

September 26, 2013

Everyone is Assumed to be Entitled to Overtime Pay Under the law, everyone is assumed to be entitled to overtime pay. It does not matter how you are paid...

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Severance Packages - Key Points for Every Agreement

August 22, 2013

A severance package is designed to ease your transition out of the company. Your employer wants to make sure you leave quietly and you want to obtain a cushion to hold yourself...

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Non-Compete Agreements Do Not Apply to New York Workers Fired Without Cause

August 18, 2013

Fired workers in New York are not bound to non-compete agreements if they were terminated without cause. Non-Compete Agreements Void if Employee is Fired Without Cause Arakelian v. Omnicare Inc. concerned a Vice...

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Retaliation at Work and How to Recognize it

August 17, 2013

Fear of retaliation at work prevents many employees from defending themselves against the abusive and illegal actions of their employers. Many employees would rather put up with discrimination, a hostile work...

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5 Tricks Companies Use to Avoid Paying Overtime to Employees

January 14, 2013

The overtime pay laws are old and complicated and most people do not understand them. Many companies do their best to NOT explain the laws to their employees. Here is...

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How to Fetch a Better Severance Package

December 5, 2012

Severance Package Negotiation Tips My dog Miller loves to play fetch on the beach. It struck me that playing fetch has some similarities to a severance package negotiation. In this...

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