by Alexei Kuchinsky, Esq | Jan 29, 2017 | Employment Law News, Meal and Rest Periods, New Case Law, Wage and Hour
This is another post in a Q-&A series in which we answer a question related to California employers’ duty to provide employees with 10-miute rest breaks. I. Question I work as a waitress in a local restaurant. My shift usually starts at...
by Alexei Kuchinsky, Esq | Jul 11, 2013 | New Case Law
During the past few years, the issue of whether employees’ waiting or on-call time should be considered compensable hours has been the subject of much litigation in California and federal courts. The problem is especially important for employees who work in the...
by Alexei Kuchinsky, Esq | Jun 29, 2012 | Administrative Exemption, Computer Professionals, New Case Law
Classifying computer professionals for purposes of overtime exemption can be a daunting task even for the most experience employment law attorneys. This task requires a thorough understanding of a complex interplay of Federal and California law, comprehensive...
by Alexei Kuchinsky, Esq | Jun 17, 2012 | Arbitration, New Case Law
Last week, we discussed how in Iskanian, the Court of Appeal (Second Appellate District, Division Two) held that the arbitration agreement could not be found unconscionable under Code Civ. Proc., § 1281, based on interference with the ability to vindicate statutory...
by Alexei Kuchinsky, Esq | Jun 13, 2012 | Arbitration, New Case Law
In 2007, in Gentry v. Superior Court (2007) 42 Cal.4th 443, the California Court of Appeals held that a class waiver provision in an arbitration agreement should not be enforced if “class arbitration would be a significantly more effective way of vindicating the...
by Alexei Kuchinsky, Esq | May 13, 2012 | Arbitration, Employment Law News, New Case Law
Last week, in Salome Samaniego, et. al. v. Empire Today, LLC (May 2012), the California Court of Appeals refused to enforce an arbitration clause in the context of wage and hour litigation on the grounds that the arbitration provision was procedurally and...
