by Alexei Kuchinsky, Esq | May 6, 2012 | Attorney's Fees, New Case Law
Last week, on April 30, 2012, in Kirby v. Immoos Fire Protection, Inc., the California Supreme Court ruled on an issue whether a party prevailing on a section 226.7, for an alleged failure to provide meal and rest breaks, may be awarded attorney’s fees. Surprisingly...
by Alexei Kuchinsky, Esq | Apr 24, 2012 | Meal and Rest Periods, New Case Law
In its recent decision Brinker vs. Superior Court (2012), the California Supreme Court finally provided clear guidelines on how rest and meal break provisions of the Labor Code and IWC Wage Orders should be interpreted. This post discusses only rest break laws under...
by Alexei Kuchinsky, Esq | Apr 15, 2012 | Meal and Rest Periods, New Case Law
In a long-anticipated decision Brinker vs. Superior Court (April 2012), the California Supreme Court finally clarified the interpretation of Labor Code section 512 establishing employers’ obligation to provide meal breaks to their employees. The main holding of the...
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 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 | Feb 8, 2012 | Tips and Tip Pooling, Wage and Hour
Before I became an attorney and started to practice employment law, I worked as a waiter at various restaurants in San Francisco, California. Having spent 8 years in the food and beverage industry, I know that for many people tips are the primary source of income. The...
