Overview

Damon M. Ott represents and counsels companies in connection with all types of employment and labor law matters. Damon focuses on defending clients in class, collective, representative and other large-scale civil and government actions involving wage and hour claims, independent contractor status and payroll tax issues. He has served as trial counsel in three wage and hour class actions (involving independent contractor misclassification, compensability of travel/commute time, and compensability of non-productive time), all resulting in complete defense verdicts, with one being upheld in a published appellate court decision clarifying the legal standard for independent contractor cases brought under California law. (Cristler v. Express Messenger Systems, Inc., 171 Cal. App. 4th 72 (2009).) 

Damon has negotiated favorable class and collective action settlements, and routinely assists clients with tax audits and government investigations. In particular, he has successfully litigated multiple tax cases against the California Employment Development Department in court and before the California Unemployment Insurance Appeals Board resulting in decisions finding thousands of workers to be properly classified independent contractors and canceling millions of dollars in tax assessments.

Damon represents clients in a wide range of industries and has considerable experience assisting companies in the transportation, energy generation, technology, and “sharing economy” sectors. He also provides advice to multiple industry associations and their members, including the California Delivery Association and the California Trucking Association.  

He is a member of the firm’s Class Action Avoidance and Defense Practice Group, Wage and Hour Practice Group, Technology Practice Group, and the Transportation and Trucking Practice Groups. Damon is also involved in firm management, including as an active member of Littler’s Associate Committee since 2008, and the San Francisco office’s Hiring Committee since 2004, and is a former member of the San Francisco office’s Summer Associate Committee (2003 to 2008). Damon received an offer to join Littler during his third year in law school and began his legal career in Littler’s San Francisco office, where he has remained since starting in 2001, and has worked as a shareholder since being elevated in 2008.

Professional & Community Affiliations

Member

American Bar Association

Member

State Bar of California

Member

Bar Association of San Francisco

Recognition

Recipient, American Jurisprudence Award in Civil Procedure

Speaking Engagements

Overview of IC/Employment Changes

California Delivery Association Annual Meeting and Convention

March 4-5, 2016

Independent Contractors in the Sharing Economy

The Bar Association of San Francisco, Barristers Labor & Employment Law Section

October 15, 2015

Hot Topic Events – What Does the MDA Court Decision Mean for California Operators, TNC’s, …and CDA Goes to Sacramento

California Delivery Association

August 6, 2015

California's Labor & Employment Laws, Staying Compliant - A Long and Winding Road Ahead

California Trucking Association

June 16, 2015

Overview of IC/Employment Changes

California Delivery Association Annual Meeting and Convention

March 6-7, 2015

Golden Rules For The Golden State: Key Insights Into California’s Complex Labor & Employment Laws For International Business Leaders And Human Resource Professionals

JSB Webinar

August 14, 2014

Education

  • J.D., University of California, Davis School of Law, 2001
  • B.A., The College of Idaho, 1997cum laude

Bar Admission

California

Courts

  • U.S. District Court, Northern District of California