by Alexei Kuchinsky, Esq | Jul 15, 2013 | Independent Contractors
In the past, I have written a few posts about the dangers associated with misclassifying workers’ as independent contractors instead of employees. Misclassification usually exposes an employer to various types of liabilities, including claims for unpaid overtime,...
by Alexei Kuchinsky, Esq | Jul 11, 2013 | New Case Law
During the past few years, the issue of whether employees’ waiting or on-call time should be considered compensable hours has been the subject of much litigation in California and federal courts. The problem is especially important for employees who work in the...
by Alexei Kuchinsky, Esq | Apr 24, 2013 | Computer Professionals
Network operations engineers, information technology (“IT”) specialists, systems administrator/engineers, database administrators, network administrators, network analysts, desk support, regardless of titles given by employers, these employees are known to share two...
by Alexei Kuchinsky, Esq | Feb 5, 2013 | Wage and Hour
This post is written to provide employees and employers with an understanding on how to calculate overtime hours under California overtime laws. If you do not like math, you can refer to our easy-to-use online overtime calculator that will do to all computations for...
by Alexei Kuchinsky, Esq | Jan 17, 2013 | Split Shifts
Over the last decade, California employers have witnessed a state-wide increase in wage-and-hour lawsuits filed in state and federal courts. Employers’ failure to pay split-shift premiums is often alleged as a cause of action. This post is written in a Q&A form...
by Alexei Kuchinsky, Esq | Dec 4, 2012 | Alternative Dispute Resolution
This is another post-Conception decision by the California Court of Appeal holding that notwithstanding Conception, in certain circumstances, based on a case-by-case analysis, class action waivers may be unenforceable. Specifically, last week in Franco v. Arakelian...
by Alexei Kuchinsky, Esq | Nov 18, 2012 | Employment Law News
In one of the previous posts, we discussed how some commercial bus drivers may be exempt from California overtime laws under Industrial Welfare Commission Wage Order No. 9 section 3(L). It is crucial to keep in mind that in addition to state law, hours and days of...
by Alexei Kuchinsky, Esq | Oct 15, 2012 | Wage and Hour
In establishing their payroll policies and procedures, many California transportation industry employers often have to decide whether they should pay the drivers an hourly rate or flat rate compensation. While both types of payments are legal under California and...
by Alexei Kuchinsky, Esq | Oct 1, 2012 | Employment Law News
On September 30, 2012, the California Governor Jerry Brown signed a bill that amended Section 515 of the Labor Code. The bill did two things: first, it outlawed any agreement under which the employer sets a fix salary for non-exempt employees to compensate for both...
by Alexei Kuchinsky, Esq | Sep 25, 2012 | Attorney's Fees
In its recent opinion Aleman (Michael) v. Airtouch Cellular, (Cal. 2012), (Cal. 2012), the California Court of Appeals examined the application of two important provisions from the Industrial Welfare Commission‘s Wage Order No. 4-2001 (Cal. Code Regs., tit. 8, §...