Employment Law Blog

Waiting Time Penalty for Final Wages in California

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 against your old employer . California workers should not have to wait days, weeks or months for their final paychecks. If the employer is holding your final pay hostage...

Continue Reading
Employment Law Blog

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

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 of time. A non-compete agreement may be a separate agreement, or clause in an overarching employment contract. What Does a Physician Non-Compete Agreement Do? Most physicians are familiar with...

Continue Reading
Employment Law Blog

Whistleblowing Under California Employment Laws

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 employee “blows the whistle” on his or her employer by reporting the employer’s misconduct which can include: Violation of a state or federal law, Violation or noncompliance with a...

Continue Reading
Employment Law Blog

What is Constructive Discharge in California

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 than firing an employee for an illegal reason, some California employers attempt to skirt liability by forcing the employee to resign. A constructive discharge occurs when an employee is coerced into resigning and writing a...

Continue Reading
Non Compete Agreements

How to Beat a Non-Compete Agreement in New York

Ottinger Employment Lawyers Can Help with Non-Compete Agreements New York non-compete agreements are widely misunderstood and many of them are unenforceable. This is because New York strongly disfavors non-compete agreements and courts will not enforce them unless a company can overcome a presumption of unenforceability. New York non-competition law attempts to strike a balance to protect an employer’s legitimate business...

Continue Reading
Employment Law Blog

103 Laws Protecting California Employees

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 protection to employees working in California. If you are looking for a specific type of employment law, you can click on the categories listed below to jump to that...

Continue Reading
Employment Law Blog

Defeating a Non-Compete Agreement

In this post, I’m going to show you EXACTLY how to get out of a New York non-compete agreement. In fact, this is the exact process we use to help all of our clients get out of non-compete agreements.  If you want to get out of a New York non-compete agreement, you’ll like this post.  The graphic above makes it...

Continue Reading
Wages & Hours

Zoom and the Inside Sales Exemption

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 restricted.   But will the convenience and efficiency of online meetings reduce business travel once the restrictions are lifted? Why travel to see prospects when you can meet them...

Continue Reading
Employment Law Blog

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

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., Nov. 14, 2019), the court concluded the announcement was not a solicitation and, for those looking to enforce or defend against non-solicitation agreements, this decision provides helpful insight into behaviors that may cross the...

Continue Reading
Employment Law Blog

Study Finds that Non-Compete Agreements are Bad for Employees and the Economy

A recent report released by the Economic Policy Institute (“EPI”) is arguing in favor of prohibiting noncompete agreements after concluding that the increasing use of noncompete agreements may be contributing to rising wage inequality, stagnant wages, and decreasing job mobility. Relying on data from a national survey of private-sector businesses, EPI found that almost half of responding establishments required at least some...

Continue Reading