Entries by Robert Nuddleman

Expensive Disability Accommodation Lesson

Caltrans in Nevada County learned the hard way that you cannot ignore an employee disability accommodation requests. More importantly, you can’t retaliate against an employee for requesting an accommodation. An article in the Sacramento Bee provides many of the details. I’ve written several articles regarding the importance of proper accommodation policies and procedures in the workplace. […]

Rest Break Reminder

A few months ago I wrote about Augustus v. ABM Security Services, where the court said employer must relieve employees of all duties in order for a rest break to be valid. ABM required the security guards to carry pagers, radios or cell phones during breaks. The court concluded on-call rest breaks are the same […]

EEOC Sues Over Employee Post on Glassdoor.com

EEOC Sues IXL Learning Inc. for Retaliating Against Employee Who Posted Negative Comments on Glassdoor.com The EEOC announced that it filed a lawsuit against IXL Learning Inc. for allegedly violating federal law. According to the EEOC, IXL retaliated against an employee for accusing the company of discriminatory practices on Glassdoor.com.  The employer allegedly fired an employee within minutes […]

Employing Private Household Caregivers

Practical Considerations for Employing Private Household Caregivers Last June, Bender’s California Labor & Employment Law Bulletin published an article I co-wrote with a colleague, Carmela Woll, regarding employing private household caregivers. The article contains a lot of useful information for employers and employees to consider when hiring or working as a caregiver, and is similar […]

Answers to “Day of Rest” Questions

I want my day of rest. It’s a story as old as the bible. Literally. Can an employer require, or even allow, an employee to work seven days a week without a day of rest? I get that question a lot. Until now, no cases directly addressed the point. Court Tackles Day of Rest Question Every once […]

Acosta Sworn in as New Labor Secretary

Alexander Acosta was sworn in today as the 27th U.S. Labor Secretary. The Secretary of Labor heads the Department of Labor, which enforces and passes regulations involving: Unions, The workplace, and Other employment controversies. The DOL came under fire during Obama’s presidency for revising regulations to create new rules that Congress refused to pass. Labor Secretary Changes the […]

Compensable Commute Time Crash

It’s commute time. You’re traveling to work, listening to the radio. You’re clocking about 25 miles an hour on the freeway when you accidentally bump the car in front of you. No one’s hurt, but you know this will impact your insurance rates. Did you also know your employer could be responsible for your commute time? […]

Wage and Hour Workshop

Wage and Hour Workshop I am pleased to announce that I am co-presenting a Wage and Hour Workshop on May 12, 2017, hosted by The Labor & Employment Law Section of the Santa Clara County Bar Association. My panel topic: In Today’s Mobile World, What Hours Really Count as Work? Richard Schramm and I will explore: Which […]

Employee Benefit Plans

I oftentimes get questions about employee benefit plans, such as health insurance plans and retirement plans. ERISA laws–the Employee Retirement Income Securities Act–govern employer provided benefit and welfare plans. Although I can answer some basic questions about ERISA plans, and have even litigated a couple of cases with ERISA issues, I rely on experienced ERISA […]

Background Check Problems

Overly Broad Background Check Authorization Sarmad Syed wanted to work for M-I, LLC. Like many employers, M-I conducts background checks of its prospective employees. Following standard operating procedures, M-I had Syed sign a Disclosure Release. The release allowed M-I to conduct a background check under the Fair Credit Reporting Act. It also contained release of […]