by Alexei Kuchinsky, Esq | Oct 15, 2012 | Wage and Hour
In establishing their payroll policies and procedures, many California transportation industry employers often have to decide whether they should pay the drivers an hourly rate or flat rate compensation. While both types of payments are legal under California and...
by Alexei Kuchinsky, Esq | Sep 25, 2012 | Attorney's Fees
In its recent opinion Aleman (Michael) v. Airtouch Cellular, (Cal. 2012), (Cal. 2012), the California Court of Appeals examined the application of two important provisions from the Industrial Welfare Commission‘s Wage Order No. 4-2001 (Cal. Code Regs., tit. 8, §...
by Alexei Kuchinsky, Esq | Aug 22, 2012 | Record-Keeping Requirements
If I were to give a single legal advice to any employer who wants to comply with wage-and-hour laws, it would be: “Keep accurate employment records for all workers!” During the last few years, California employers have witnessed a drastic increase in wage-and-hour...
by Alexei Kuchinsky, Esq | Jul 21, 2012 | Meal and Rest Periods
After the California Supreme Court held in Brinker that the employers are “not obligated to police meal breaks and ensure that no work is performed” during breaks, many California employers felt relieved, anticipating meal and rest break litigation to slow...
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...
