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, §...
