by Alexei Kuchinsky, Esq | Apr 8, 2012 | Commercial Drivers, Overtime, Wage and Hour
In the past few years, California employers have witnessed a drastic increase in overtime claims brought by former and current employees. Because of the statutory one-way attorney fee provision under Labor Code section1194, these claims are exceedingly expensive to...
by Alexei Kuchinsky, Esq | Mar 28, 2012 | Alter Ego, Employer's Personal Liability
In one of the previous posts, we discussed how a shareholder or officer of a corporation can be personally liable for unpaid wages under the Federal Labor Standards Act (FLSA). Alleging FSLA claims is not the only way for plaintiffs to impose personal liability on...
by Alexei Kuchinsky, Esq | Mar 19, 2012 | New Case Law, PAGA
Under California law, the Labor and Workforce Development Agency (LWDA) is authorized to collect civil penalties for specified labor law violations committed by employers. However, in the past few decades, California enforcement agencies had declined and were unlikely...
by Alexei Kuchinsky, Esq | Mar 6, 2012 | Alternative Dispute Resolution, Arbitration, Employment Law News, New Case Law
Arbitration is a form of Alternative Dispute Resolution (ADR) that allows employers and non-union employees to resolve disputes out of court by submitting the matter to a mutually-selected arbitrator. Arbitration is generally preferred by employers because the...
by Alexei Kuchinsky, Esq | Feb 26, 2012 | Computer Professionals, Misclassification
There is a great deal of confusion and uncertainty in the high-tech industry when it comes to dealing with the California computer professional exemption under California Labor Code section 515.5. This uncertainty is largely due to novelty and complexity of the law...
