by Alexei Kuchinsky, Esq | Feb 26, 2012 | Computer Professionals, Misclassification
There is a great deal of confusion and uncertainty in the high-tech industry when it comes to dealing with the California computer professional exemption under California Labor Code section 515.5. This uncertainty is largely due to novelty and complexity of the law...
by Alexei Kuchinsky, Esq | Feb 19, 2012 | Misclassification, Outside Salespersons
In one of the previous posts, we discussed how professional, executive and administrative employees are not subject to California overtime and minimum wage laws. Another group of employees that is exempt from minimum wage and overtime pay requirements is commissioned...
by Alexei Kuchinsky, Esq | Jan 19, 2012 | Employment Law News, Independent Contractors, New Case Law
During the past few decades, there has been a fair amount of litigation taking place in state courts regarding the issue of whether insurance agents are employees or independent contractors for purposes of wage-and-hour claims. A few weeks ago, in Arnold v. Mutual of...
by Alexei Kuchinsky, Esq | Dec 8, 2011 | Independent Contractors, Misclassification
In one of the previous posts, we discussed in detail a Borello test employed by California courts and administrative agencies in determining whether a worker is an independent contractor or an employee for purposes of wage and hour disputes. We also pointed out that...
by Alexei Kuchinsky, Esq | Nov 28, 2011 | Administrative Exemption, Employment Law News, Misclassification, New Case Law
According to the US Supreme Court’s website, on November 28, 2011, the nation’s higest court granted petition for a writ of certiorari filed by Plaintiffs, the pharmaceutical sales representative, in Christopher et al. v. SmithKline Beecham Corporation. During...
by Alexei Kuchinsky, Esq | Nov 27, 2011 | Employment Law News, Independent Contractors, New Legislation
In their latest efforts to crackdown on independent contractor misclassifications, California legislature passed and Governor Jerry Brown signed into law a new measure (SB 459) which imposes strict financial penalties on companies and individuals who “willfully”...
