Alexei Kuchinsky, Esq.
"Employment is an important part of life and the employment rights of people must be protected and enforced."
Practices
- Wage and Hour Litigation
- Wrongful Termination
- Unlawful Discrimination and Harassment
- Retalitory Termination/Discrimination
A substantial part of Mr. Kuchinsky’s practice is focused on employment law, including minimum wage and overtime claims, wrongful termination, discrimination, harassment, and retaliation. Mr. Kuchinsky represents both employees and employers. Having represented both sides, Mr. Kuchinsky has developed an in-depth understanding of the needs and goals of both sides of the litigation process, which allows him to devise the most effective resolution of any complex issues.
Resolution of Employment Disputes in Court
Mr. Kuchinsky works closely with clients to develop an effective legal strategy that meets each client’s goal and budget. Mr. Kuchinsky’s litigation work includes the initial client interview, investigation, legal research, discovery, motions, hearings, alternative dispute resolutions, and trial. Mr. Kuchinsky is dedicated to providing superior legal representation service.
Employment Compliance and Counseling
In addition to litigation, Mr. Kuchinsky regularly counsels San Francisco employers on a variety of employment law issues such as reductions in force, severance settlements, employee handbooks, personnel policies, and internal investigations. Mr. Kuchinsky provides employers with comprehensive compliance solutions designed to identify and address employment law problems before a lawsuit or administrative claim is filed, ensuring employers maintain maximum flexibility to resolve issues without disruption to business operations.
- California;
- U.S. District Court for the Northern District of California;
- U.S. District Court for the Southern District of California; and
- U.S. District Court for the Central District of California.
- Member, State Bar of California; and
- The Labor and Employment Law Section of the State Bar of California
- University of California Davis, School of Law, JD
- San Francisco State University, BA, Summa Cum Laude
From 2015 – 2019, Alexei Kuchinsky was recognized as a Northern California Super Lawyers “Rising Star” in employment law. The Rising Stars List highlights attorneys who are either 40 years old or younger, or have been practicing for 10 years or less. Using a patented vetting process based on peer nominations, independent research across 12 key categories, and extensive nominations, the Rising Stars list makes up only 2.5 percent of the original pool of candidates.
Super Lawyers Rising Stars are recognized by their peers for their outstanding work and commitment to the spirit of the legal profession. Their knowledge of the law, professional work ethic, and advocacy on behalf of their clients allow them to stand out among other attorneys in the field.
Throughout his career, Mr. Kuchinsky has handled 350+ employment cases, including multi-plaintiff, class, and representative actions. His knowledge of the applicable wage-and-hour laws is evidenced by his representation of thousands of employees, as well as numerous employers, in litigation in California and federal courts, including the following:
- Ahuja v. IMS, Inc., U.S., Inc., et.al., RG211xxxxx (Cal. Super. Ct., Cnty. of Alameda, April 2023) (a class action on behalf of 26 mobile examiners for unpaid wages caused by misclassification)
- Luis Franco v. The Goodyear Tire & Rubber Company, et. al. (Cal. Super. Ct., Cnty. of Santa Clara, Feb. 2023, Case No. 22CV3xxxxx) (a class action on behalf of 2,100 service advisors for failure to pay wages);
- Shetty v. ILSC (San Francisco), LLC., CGC-19-xxxxxx (Cal. Super. Ct., Cnty. of San Francisco, August 2022) (a class and PAGA action on behalf of 94 misclassified workers for failure to pay wages)
- Corcoran v. Herringbone Tavern, Inc., CGC-18-xxxxxx ( Super. Ct., Cnty. of San Francisco, May 2022) (a class action on behalf of 166 front-of-house employees for failure to pay wages)
- Brooks v. Ceva Logistics, U.S., Inc., et.al., RG190xxxxx (Cal. Super. Ct., Cnty. of Alameda, October 2021) (a class action on behalf of 31 warehouse workers for failure to pay overtime)
- Sanchez v. Exam One Worldwide, inc, et. al., 17CV3xxxxx (Cal. Super. Ct., Cnty. of Santa Clara, July 2020) (a class action on behalf of 450 mobile examiners for failure to pay wages)
- Matsui v. Chinese Hospital Association, Inc., CGC-19-xxxxxx (Cal. Super. Ct., Cnty. of San Francisco, June 2020) (a class and PAGA action on behalf of 145 nurses for failure to pay wages)
- Sherman v. Harris Restaurant, Inc., CGC-20-xxxxxxx (Cal. Super. Ct., Cnty. of San Francisco, March 2020) (a representative PAGA action on behalf of 50 front-of-house employees for failure to pay wages)
- Alkhamaisi v. Katmai Government Services, LLC, 3:18-cv-xxxxx (S.D. Cal. Aug. 20, 2019) (class counsel in a collective FLSA and class action on behalf of 450 employees for failure to pay wages)
- Atiqi v. Parsons Government Services, Inc., 5:14-CV-xxxxx (C.D. Cal. Aug. 22, 2017) (class counsel in a class action on behalf of 1,930 employees for failure to pay wages)
- Hillman v. Lexicon Consulting, Inc., 5:16-cv-xxxxx, (C.D. Cal. Oct. 12, 2017) (class counsel in a collective FLSA and class action for failure to pay wages on behalf of 190 employees)
- Ahuja v. Hooper Holmes, Inc., RG168xxxxx (Cal. Super. Ct., Cnty. of Alameda, Feb. 2018) (a representative PAGA action on behalf of 100 mobile examiners for failure to pay wages)
- v. Amazon Logistics, Inc., RG178xxxxx (Cal. Super. Ct., Cnty. of Alameda, May 2018) (a representative PAGA action on behalf of 64 delivery drivers for failure to pay wages)
Mr. Kuchinsky’s litigation experience extends to trials. He has successfully prosecuted and defended the following employment cases:
- Massage Therapist v. SF Massage Salon, CGC-16-xxxxxx, (Cal. Super. Ct., Cty. of San Francisco, Feb. 2014). Obtained a judgment through a bench trial in favor of his client massage therapist against all defendants, including one corporate and two individual defendants. The Court found that the defendants unlawfully misclassified Mr. Kuchinsky’s client as an independent contractor and unlawfully terminated her for complaining about Defendant’s unlawful deductions. The Court also found that the defendants failed to pay her overtime, premiums for missed meal and rest periods, and failed to provide accurate wage statements. When Defendants filed an appeal, Mr. Kuchinsky obtained a dismissal of the defendants’ appeal as untimely.
- Plumber v. SF Plumbing Company. CGC-12-xxxxxx, (Cal. Super. Ct., Cty. of San Francisco, Feb. 2014). Obtained a judgment through a bench trial in favor of an individual defendant, who was sued personally for the Labor Code violations committed by the corporation he owned and operated. This was a wage-and-hour trial and Mr. Kuchinsky was a second chair counsel. Plaintiff claimed that he was owed unpaid overtime, minimum wage for standby time, premiums for missed meal and rest breaks, and other related statutory penalties. The court found that despite the corporation was wholly owned and managed by the individual defendant, the employee failed to prove that the individual was an “employer” under California law; (2) that he was an alter ego of the corporation; or that (3) he was liable under “the common law theory of active participation for his own tortious conduct.
Over 12 Years of Continued Trust and Success
in Employment Law
Alexei Kuchinsky has been serving and advising clients for over 12 years. His creative legal insights are tailored to meet the unique needs and goals of any client. In every case, he strives to achieve the clients’ short-term goals and resolve their long-term challenges. Mr. Kuchinsky prides himself in keeping clients informed about their cases and educated about the law. Through trust, integrity, and good judgment, he works in the best interests of his clients.
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