by Alexei Kuchinsky, Esq | Jan 19, 2012 | Employment Law News, Independent Contractors, New Case Law
During the past few decades, there has been a fair amount of litigation taking place in state courts regarding the issue of whether insurance agents are employees or independent contractors for purposes of wage-and-hour claims. A few weeks ago, in Arnold v. Mutual of...
by Alexei Kuchinsky, Esq | Jan 10, 2012 | Employment Law News, Overtime, Wage and Hour
On December 29, 2011, a former employee of the San Francisco Nike Store, Webster Proctor, filed a nationwide wage-and-hour class action in the Federal District Court for Northern District of California. Mr. Proctor, who worked as a sales associate, seeks to recover...
by Alexei Kuchinsky, Esq | Jan 7, 2012 | Employment Law News, New Case Law, Tips and Tip Pooling, Wage and Hour
Tip-pooling (or tip-sharing) is common practice in the food and beverage industry. Many restaurant owners and managers require waiters to share 10-30% of their tips with certain employees. California and federal courts have traditionally recognized that it is not...
by Alexei Kuchinsky, Esq | Dec 28, 2011 | New Legislation, Wage and Hour
UPDATED MAY 7, 2012 In one of the previous posts, we reported how in October 2011, California Governor Jerry Brown signed into law the Wage Theft Prevention Act of 2011 that requires all California private-sector employers to provide a written notice of specified...
by Alexei Kuchinsky, Esq | Dec 26, 2011 | Employment Law News, New Case Law, Wage and Hour
In one of the previous posts, we discussed how California Law requires employers to compensate employees for all hours worked. It is well-settled that any work performed for the employer’s benefit must be compensated. But what about a situation where employees perform...
