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 | Sep 21, 2014 | Independent Contractors
This is another post written in a Q & A format and is intended to help California delivery drivers to determine whether they are improperly classified as independent contractors. In one of our prior posts, we discussed how the legal distinction between independent...
by Alexei Kuchinsky, Esq | Jul 15, 2013 | Independent Contractors
In the past, I have written a few posts about the dangers associated with misclassifying workers’ as independent contractors instead of employees. Misclassification usually exposes an employer to various types of liabilities, including claims for unpaid overtime,...
by Alexei Kuchinsky, Esq | Apr 24, 2013 | Computer Professionals
Network operations engineers, information technology (“IT”) specialists, systems administrator/engineers, database administrators, network administrators, network analysts, desk support, regardless of titles given by employers, these employees are known to share two...
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 | 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...
