The Ottinger Firm, P.C.

Employee Rights Lawyers

Case Evaluation

New York Office

401 Park Avenue South
New York, 10016
Phone: 212-571-2000

San Francisco Office

930 Montgomery Street
San Francisco , 94133
Phone: 415-262-0096

Employment Law, Done Differently™

When is the last time you left a law office feeling good?

World Class Lawyers

Passionate about helping employees

Thoughtful and caring

Focused on employment law only

Responsive & Reliable

We actually return phone calls

Meetings that start on time

Frequent case updates

Organized & Effective

Weekly case meetings

Rigorous case analysis

Millions recovered for clients

From Our Blog

Are Uber and Lyft Drivers Employees or Independent Contractors?

Two San Francisco ride hailing companies - Uber and Lyft - are facing class action lawsuits from their drivers based on independent contractors misclassification.  (Article Here)  Both companies treat their drivers as independent contractors.  However, those drivers have now brought class action lawsuits in an effort to get all drivers reclassified as
Read More

21 Reasons to Love San Francisco

Steve Perry from the band Journey said it best "The City By The Bay" is a magical place.  San Franciscans LOVE their city and all that comes with it.  Here are some examples that are obvious: 1) The 49er's.  We did not have the best year in 2014, but we
Read More

Retaliation Cases Are Favored by the EEOC

A recent report from the Equal Employment Opportunity Commission (EEOC) reveal that retaliation cases are preferred by the agency.   The EEOC enforces the federal laws that make it illegal to discriminate or retaliate against a job applicant or employee.   The Statistics Reveal That The EEOC Does Not File Lawsuits
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California School District Under Fire For Discriminating Against Students With Disabilities

Although Jurupa Valley school officials say the district’s functional skills program is designed to help students with learning disabilities get the practical skills they need to take care of themselves when they enter adulthood, one of the activities students were given has enraged some California parents. Carmen Wells, the mother
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Ottinger Files: Trends in Employment Law

 February 5, 2015 Quote of the Day: “The sun don't shine forever/But as long as its here than we might as shine together.” Puff Daddy, Song: “Victory” (1997); Album: No Way Out  New Trends in Employment Lawsuits What Happened? Each year the EEOC (Equal Employment Opportunity Commission) releases statistics about
Read More

Ottinger Files: Working for a Living

February 3, 2015 Quote of the Day: "This speech is my recital/I think it's very vital."  Run-DMC, Song "It's Tricky" (1987); Album Raising Hell Bizare Late-to-Work Excuses What Happened?  Careerbuilder conducted a poll of 2,100 hiring and HR managers and over 3,000 employees. Why does it Matter? We know that 23%
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The Ottinger Files

The Ottinger Files is a bi-weekly newsletter about employment law and related issues

Ottinger Files: Trends in Employment Law

 February 5, 2015

Quote of the Day:

“The sun don’t shine forever/But as long as its here than we might as shine together.” Puff Daddy, Song: “Victory” (1997); Album: No Way Out

 New Trends in Employment Lawsuits

What Happened?

Each year the EEOC (Equal Employment Opportunity Commission) releases statistics about the kinds of cases filed the prior year.   The EEOC just released their numbers for 2014.

Why does it Matter?

Employment lawyers like to analyze these numbers to see if they can find meaning.  The statistics show that work place lawsuits are declining.  In 2014, there were 5,000 fewer claims filed than in 2013.  One employment attorney suspects that the drop in complaints was caused by the improved economy.

The EEOC statistics also show a slow rise in retaliation claims.  In 1997, retaliation cases constituted 22.6% of all filings.   In 2014, that number doubled and retaliation cases now make up 42.8% of all claims.   It is hard to say why retaliation claims are increasing.  It could be a recognition of the fact that retaliation cases are generally easier to win than employment discrimination cases and produce higher verdicts and settlements.

The File:  If you are going to file an employment suit, your odds are better if you bring a retaliation claim.

New York City Law Firm Guilty of Sex Harassment 

What Happened?

This afternoon, a federal jury in New York found Faruqi & Faruqi guilty of sexual harassment.

Why does it Matter?

This case has received massive media coverage because the allegations are something you would expect to see on “The Good Wife” or “Suits.”  As on Television, an attorney apparently has too much to drink at a social gathering and tries to have sex with another lawyer in the office.  But that’s TV – not real life.  Apparently, one of the partners did not know the differnce between reality and television.

The jury rendered a mild verdict of $90,000.  But it is not over yet.  The jury also found that the law firm is liable for punitive damages in an amount to be determined later.  In New York, puntive damages generally cannot exceed twice the amount of the verdict.

The File:  This is really just a slap on the wrist for Faruqi & Faruqi.


What to think about making the transition from friend to boss

You start off working in a group and develop friendships with the team.  Eventually people start to leave the company or move to different departments.  Do you ever think that one of the members of the group will become your boss?  Just ask the CEO – I’m sure it’s happened to one of them.  Side note, one of these people happens to become your friend along the way before your promotion.  This person was the one you ate lunch with and had drinks with after work.  Now this person is reporting into you.  You are telling them what to do, what her work schedule is, when she can take vacation and when she has done something wrong at work.  How did this 360 turn happen?  Why did you get the promotion and she didn’t?  This happens more often than you realize.  Perhaps your friend should have paid more attention so the shoe was on the other foot.  Now that you are manager, don’t get sloppy.  Stay on your toes because the tide can turn and your friend might be in the drivers seat before you know it.

What to think about the Flu at the Office

The flu seems to be getting worse every year.  Or are people just not taking care of themselves – eating well, dressing in the proper clothing, taking their vitamins or even just washing their hands?  Regardless, people come into work when they feel the early signs of a cold, which turns into the flu 9 times out of 10.  The office will survive without you for a couple of days.  You can always call in, get on line and skype with your co-workers, clients and vendors or even do a google hang-out on air.  Is it worth it to infect your co-workers just because you MUST BE PRESENT for that meeting that is so crucial?  It’s come to the point where co-workers are raising the war on germs in the winter and fighting the battles in the office.  Co-workers are like sharks.  They are circling employee’s desks, phones, light switches, door handles and going to extremes to avoid their sick workers germs.  If a potential worker is seen coughing or touching anything in a common workspace – then game on.  This sick co-worker is now infected and quarantined to a special room that will be equipped witth gifts of face masks, tissues and disinfectants.  You may also notice that your co-workers will lean away from you and hold their breath and STRONGLY suggest you go home.  Nobody wants to get sick.  Being sick, may not just infect your co-workers, but also their family and their friends in turn.  Be thoughtful: if you are feeling the slighest bit under the weather, call out sick, work from home – just don’t come in until you feel 100%.