by Alexei Kuchinsky, Esq | Nov 22, 2011 | Employment Law News, New Legislation
In a previous post, we discussed how the newly added section 2810.5 of the California Labor Code requires all employers to provide a written notice of basic employment terms to all employees. In the same spirit, on October 7, 2011, California Governor Jerry Brown also...
by Alexei Kuchinsky, Esq | Nov 16, 2011 | Employment Law News, New Legislation
I n October 2011, California Governor Jerry Brown signed into law a number of wage and hour measures that are desigend to provide more protections to California workers and impose strict civil and criminal liability on employers violating labor laws. Among them is...
by Alexei Kuchinsky, Esq | Nov 11, 2011 | Administrative Exemption, Misclassification
If you are employed in an administrative capacity and your job meets all the requirements of the administrative exemption law, your employer does not have to pay you overtime or pay extra for missed breaks. For this reason, employers love the administrative exemption...
by Alexei Kuchinsky, Esq | Nov 6, 2011 | Deductions, Wage and Hour
California Labor Code section 221 prohibits employers from making any deductions from an employee’s wages. However, section 221 is a general rule and, we all know, every general rule comes with exceptions. California Labor Code section 224 provides for four...
by Alexei Kuchinsky, Esq | Oct 28, 2011 | Minimum Wage, Wage and Hour
In a previous post, we discussed the California minimum wage law and how the minimum wage violations are not always obvious and may require professional evaluation to ascertain the wrongdoings. The following examples should help you recognize some of the typical...
by Alexei Kuchinsky, Esq | Oct 24, 2011 | Minimum Wage, Wage and Hour
Federal Minimum Wage = $7.25 California Minimum Wage = $8 San Francisco Minimum Wage = $9.92 $10.24 When it comes to paying minimum wage, employers are required to comply with Federal, California and local minimum wage laws. For example, under the Federal Fair Labor...
by Alexei Kuchinsky, Esq | Oct 20, 2011 | Independent Contractors, Misclassification
In a previous post, we looked at the list of factors that California courts and agencies use to determine whether a particular worker is an independent contractor or employee. To better understand how these factors interplay with each other, it is best to look at the...
by Alexei Kuchinsky, Esq | Oct 16, 2011 | Independent Contractors, Misclassification
My employer asked me to sign an independent contractor agreement and at the end of each year I get an IRS form 1099 instead of a W-2. Does it mean I am an independent contractor? The short answer is no. Just because your employer classified you as an independent...
by Alexei Kuchinsky, Esq | Oct 12, 2011 | Overtime, Wage and Hour
I work over 8 hours a day and sometimes more than 40 hours a week. Do I deserve overtime? The short answer is yes, you deserve overtime, but only if you are a non-exempt employee. Under California labor law, everyone who works beyond normal hours deserves overtime...
by Alexei Kuchinsky, Esq | Oct 11, 2011 | Independent Contractors, Misclassification, Overtime
M y employer classified me as an independent contractor. What difference does it make whether I am an independent contractor or employee? The short answer is that if your employer misclassified you as an independent contractor, you may be owed a great deal of money...