Entries by Robert Nuddleman

Fall 2018 New Employment Laws – Part 3 Joint Liability

Fall 2018 New Employment Laws – Part 3 Now that the candy and costumes are gone, we have more updates and tweaks to California employment law to report. This week we focus on a joint liability. Yay! More ways employers can be liable for the mistakes of others. SB 1402 expands joint liability for truckers. […]

Fall 2018 New Employment Laws – Part 2

New Employment Laws for 2018 (Part 2) Welcome back to our New Employment Laws for 2018 wrapup and update. This post will focus primarily on hiring practices. This year, the Legislature clarifies hiring practices changes and access to sealed or expunged criminal records of potential hires. Clarification of Last Year’s Salary History Ban Last year, […]

Fall 2018 New Employment Laws – Part 1

New Employment Laws for 2018 It’s that time of year again: new employment laws for 2018. While everyone else in the state is bundling up and raking up the falling leaves, the Governor was busy signing bills. Over the next few weeks, we’ll be cutting through the legalese to explain the impact the legislative flurry has […]

Labor Day is NOT the End of Summer

In the Northern Hemisphere, September 22nd marks the end of Summer, not Labor Day. Many think of Labor Day as the end of Summer because many schools start just before or just after Labor Day, and the weather starts cooling off. It is also the last Federal Holiday before the end of Summer. Labor Day honors the […]

California Rejects De Minimus Time

California Rejects De Minimus Time Four minutes a day might seem inconsequential, right? Not to the California Supreme Court. In Troester v.Starbucks Corporation, the Court held that employers are required to compensate employees for short, unrecorded periods of time worked off the clock. Such de minimus time, which can add up to substantial time over weeks, […]

Waiting Time Penalty Lesson

When an employee quits without notice, there is a myriad of considerations and consequences for an employer. Finding a replacement and keeping the business running smoothly is at the top of many employers’ minds. However, one of the most urgent tasks for an employer when someone unexpectedly quits should be compensating that employee. No matter […]

Nuddleman Law Firm’s New San Jose Office

The Nuddleman Law Firm, P.C. is happy to announce it is moving to a new San Jose office at 95 South Market Street, Suite 500 in downtown San Jose, California. The new location will allow us to continue serving our clients in the South Bay. Our main office will still be in Pleasanton, California, but […]

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. […]