Entries by Robert Nuddleman

Disability Accommodations Require Extending Probationary Period

The Rancho Santiago Community College District learned the hard way that disability accommodations required the district to extend an employee’s probationary period. In Hernandez v. Rancho Santiago Community College Dist. an administrative assistant sued her employer for failing to accommodate her disability. Hernandez worked for defendant Rancho Santiago Community College District on and off for a number […]

4th of July Parade in Danville

Danville 4th of July Parade If you don’t have plans Wednesday morning, come to watch the Danville Parade. The Kiwanis Club of San Ramon Valley–of which I am a member–has organized and conducted the annual Kiwanis 4th of July Parade in partnership with the Town of Danville since 1975. The parade attracts 30,000-40,000 spectators each […]

Dynamex and the Independent Contractor Landscape

A friend and colleague, Alan Foster, asked me to write an article for his newsletter regarding independent contractors under Dynamex. I’ve seen articles, presentations and blog posts about the dramatic shift in the law regarding independent contractor versus employee tests. I have a slightly different take. The following is my take on the independent contractor landscape. […]

Labor Commissioner Audits Can Be Expensive

Labor Commissioner audits can be time consuming and expensive. Just ask Kome Japanese Seafood & Buffet, Burma Ruby Burmese Cuisine, and Rangoon Ruby Burmese Cuisine. The restaurants and their owners are facing a hefty bill after their audits. Expensive Labor Commissioner Audits California’s Department of Industrial Relations announced the Labor Commissioner cited seven Bay Area […]

Rare Pay Stub Victory for Employers

Employers in California know payroll can be particularly troublesome. Attorneys representing employees routinely file lawsuits and PAGA actions based on inaccurate or incomplete pay stubs. I previously discussed the ease with which employees can bring PAGA actions for unintentional pay stub violations that cause no harm. The Second Appellate District came out with a rare […]

Courts Expand PAGA Again

Two recent court decisions expand the Labor Code Private Attorney General Act (PAGA) … Again. In Raines v. Coastal Pacific Food Distributors (CA3 C083117 5/22/18), the court held employees can bring Labor Code Private Attorney General Act claims for pay stub violations without suffering an injury even if the violations were unintentional. In Huff v. Securitas Security […]

Notice to Employees: The Missing Form

Every employer, at the time of hiring, must provide a notice to most employees regarding certain basic terms of employment. Labor Code 2810.5. The employee must sign the notice, receive a copy of the signed notice, and the original should be maintained in the employee personnel file. Labor Code 2810.5 Notice to Employees Requirements The Notice […]

Upcoming Presentation: Employment Laws that Impact Your Practice and Your Clients

I’m excited to present Employment Laws that Impact Your Practice and Your Clients at the East Bay chapter of the Professional Fiduciary Association of California on May 10th. The presentation will be at the San Leandro Library from noon to 1:15. May 10th Presentation Regarding Employment Laws for Fiduciaries We’ll talk about: Who is an employer […]

$2.6 Million Anti-Harassment Lesson

Beverly Fabrics, Inc. received a harsh lesson in the importance of effective anti-harassment policies and procedures. A Santa Cruz jury awarded Cole Hudson, a former Beverly Fabrics truck driver, $2,600,000 in damages for Beverly’s failure to prevent and correct alleged harassment and retaliation. Represented by local employment attorney Lisa Peck, the month-long trial ended in […]

Overtime Rate for Salaried Nonexempt Employees

How to Calculate the Overtime Rate Almost 20 years ago the California Legislature adopted Labor Code section 515(d). Section 515(d) instructs how to compute the overtime rate of pay for salaried non-exempt employees: For the purpose of computing the overtime rate of compensation required to be paid to a nonexempt full-time salaried employee, the employee’s […]