by Alexei Kuchinsky, Esq | Nov 13, 2017 | Commercial Drivers, FLSA, Misclassification, Overtime, Wage and Hour
One of our blog readers has reached out to us with the question about the Motor Carrier Act Exemption (“MCA”). He wanted to know whether he was exempt from the federal overtime requirement of the Fair Labor Standards Act. Specifically, he asked us the following...
by Alexei Kuchinsky, Esq | Jul 27, 2014 | Overtime
The following post is written in a Q & A format and is intended to explain employers and employees California overtime law for computing daily and weekly overtime hours for non-exempt employees. It appears there is a misunderstanding as to the correct method of...
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 | 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 | Dec 18, 2011 | Deductions, Minimum Wage, Overtime, Tips and Tip Pooling, Wage and Hour
The restaurant, bar and food service industry continues to be one of the most highly abused industries when it comes to complying with California Employment law. Restaurant employees are often cheated out of their hard-earned wages, and employers are constantly...
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...
