by Alexei Kuchinsky, Esq | Nov 13, 2017 | Commercial Drivers, FLSA, Misclassification, Overtime, Wage and Hour
One of our blog readers has reached out to us with the question about the Motor Carrier Act Exemption (“MCA”). He wanted to know whether he was exempt from the federal overtime requirement of the Fair Labor Standards Act. Specifically, he asked us the following...
by Alexei Kuchinsky, Esq | Jan 29, 2017 | Employment Law News, Meal and Rest Periods, New Case Law, Wage and Hour
This is another post in a Q-&A series in which we answer a question related to California employers’ duty to provide employees with 10-miute rest breaks. I. Question I work as a waitress in a local restaurant. My shift usually starts at...
by Alexei Kuchinsky, Esq | Nov 28, 2015 | Travel Time
This is another post in a Q-&-A format written to educate employees and employers on the issue whether work related travel time from home to a distant job site is compensable. Hypothetical Legal Problem: I work as a mover for a company that often requires me to...
by Alexei Kuchinsky, Esq | Jan 6, 2015 | Employment Law News, Minimum Wage, New Legislation, Wage and Hour
Effective January 1, 2015, the minimum wage in San Francisco increased to $11.05 per hour. The increase is a result of the November 2014 ballot measure Proposition J that was overwhelmingly approved by San Francisco residents in November 2014. Proposition J is...
by Alexei Kuchinsky, Esq | Sep 21, 2014 | Independent Contractors
This is another post written in a Q & A format and is intended to help California delivery drivers to determine whether they are improperly classified as independent contractors. In one of our prior posts, we discussed how the legal distinction between independent...
by Alexei Kuchinsky, Esq | Jul 27, 2014 | Overtime
The following post is written in a Q & A format and is intended to explain employers and employees California overtime law for computing daily and weekly overtime hours for non-exempt employees. It appears there is a misunderstanding as to the correct method of...
by Alexei Kuchinsky, Esq | Jan 6, 2014 | Employment Law News
Beginning January 1, 2014, all employers must pay to each employee who performs work in San Francisco (including temporary and part-time employees) wages not less than $10.74 per hour. The increase is a continued effort of the legislative measure passed by the San...
by Alexei Kuchinsky, Esq | Oct 24, 2013 | Arbitration
In Sonic-Calabasas A., Inc. v. Moren, 2013 Cal. LEXIS 8111 (Cal. Oct. 17, 2013) (“Sonic II”), in light of Concepcion, the Court overruled its previous contrary holding in Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (“Sonic I”) and...
by Alexei Kuchinsky, Esq | Oct 2, 2013 | Employment Law News
By definition, wage-and-hour litigation is about the money and ability to recover attorney’s fees has always been a driving force behind any employment lawsuit. For example, pursuant to Labor Code section 1194, when an employee prevails in a cialis generic cheap...
by Alexei Kuchinsky, Esq | Aug 11, 2013 | Minimum Wage
Question: I work as an auto mechanic (or automotive service technician) at a local auto dealership in California. My compensation is based on a piece-rate system. In other words, I am paid at a “flag-hour” rate of $25 for specific automotive repair projects. However,...