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Both the Temporary Staffing Agency and Client-Employer May be Held Liable for Wages Owed to Temporary Workers.

Both the Temporary Staffing Agency and Client-Employer May be Held Liable for Wages Owed to Temporary Workers.

by Alexei Kuchinsky, Esq | Sep 16, 2012 | Joint Employer Liability

In the past few years, it has become a common practice among many California companies to use temporary staffing agencies (or recruiters) to fill in various employment positions. The benefits of having temporary employees are great:  no payroll expenses, reduced labor...
The Top Four Reasons Why Employers Should Keep Employment Records

The Top Four Reasons Why Employers Should Keep Employment Records

by Alexei Kuchinsky, Esq | Aug 22, 2012 | Record-Keeping Requirements

If I were to give a single legal advice to any employer who wants to comply with wage-and-hour laws, it would be: “Keep accurate employment records for all workers!” During the last few years, California employers have witnessed a drastic increase in wage-and-hour...
$90-Million Judgment Against Employer For Failure to Provide Uninterrupted Breaks

$90-Million Judgment Against Employer For Failure to Provide Uninterrupted Breaks

by Alexei Kuchinsky, Esq | Jul 21, 2012 | Meal and Rest Periods

After the California Supreme Court held in Brinker that the employers are “not obligated to police meal breaks and ensure that no work is performed”  during  breaks, many California employers felt relieved, anticipating meal and rest break litigation to slow...
The Ninth Circuit’s Guidelines on California’s Administrative Exemption for IT Professionals.

The Ninth Circuit’s Guidelines on California’s Administrative Exemption for IT Professionals.

by Alexei Kuchinsky, Esq | Jun 29, 2012 | Administrative Exemption, Computer Professionals, New Case Law

Classifying computer professionals for purposes of overtime exemption can be a daunting task even for the most experience employment law attorneys. This task requires a thorough understanding of a complex interplay of Federal and California law, comprehensive...
Hoover v. Am. Income Life Ins.: State Statutory Wage and Hour Claims are not Subject to Arbitration.

Hoover v. Am. Income Life Ins.: State Statutory Wage and Hour Claims are not Subject to Arbitration.

by Alexei Kuchinsky, Esq | Jun 17, 2012 | Arbitration, New Case Law

Last week, we discussed how in Iskanian, the Court of Appeal (Second Appellate District, Division Two)  held that the arbitration agreement could not be found unconscionable under Code Civ. Proc., § 1281, based on interference with the ability to vindicate statutory...
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