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 | Nov 18, 2012 | Employment Law News
In one of the previous posts, we discussed how some commercial bus drivers may be exempt from California overtime laws under Industrial Welfare Commission Wage Order No. 9 section 3(L). It is crucial to keep in mind that in addition to state law, hours and days of...
by Alexei Kuchinsky, Esq | Oct 1, 2012 | Employment Law News
On September 30, 2012, the California Governor Jerry Brown signed a bill that amended Section 515 of the Labor Code. The bill did two things: first, it outlawed any agreement under which the employer sets a fix salary for non-exempt employees to compensate for both...
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...
