I’m pleased to announce that I will be conducting sexual harassment prevention training on August 29th in Pleasanton. The training is being hosted by the Tri-Valley Nonprofit Alliance in an effort to help non-profits complete their required training. Anyone is welcome–you don’t have to be a non-profit–but nonprofit agencies are part of TVNPA get a […]
About Robert Nuddleman
Mr. Nuddleman represents individuals and companies in federal and state court and various administrative agencies. A significant focus of Mr. Nuddleman’s practice relates to wage and hour claims, breach of contract, trade secret protection, claims of sex, race, age, and pregnancy discrimination and/or harassment and accommodating persons with disabilities. Mr. Nuddleman advises and represents business clients in employment and business matters in an attempt to avoid litigation and reduce potential exposure to claims of all kinds in light of developing law.
Entries by Robert Nuddleman
“On-call” time may be compensable in some instance, and not compensable in others. It has to whether you are “engaged to wait,” or “waiting to be engaged.” They may sound the same, but one is compensable and the other is not. In Ward v. Tilly’s, Inc., the court had to decide whether the company’s call-in […]
Almost every wage and hour lawsuit and Labor Commissioner claim that I’ve seen in the past 10 years has included a claim for missed meal and/or rest breaks. Employers who fail to provide at least one half-hour unpaid meal break whenever an employee works more than 5 hours is liable for one hour’s pay at […]
The ABC Test established by Dynamex made it difficult for employers to classify workers as independent contractors for claims “under the wage orders.” But what does that really mean? Which cases are “claims under the wage orders?” Not surprisingly, the Labor Commissioner takes a very broad view of the ABC test’s applicability. The Labor Commissioner […]
EEOC Obtains $340,000 for Caregivers Harassed Daily by 80-Year-Old Client According to the Equal Employment Opportunity Commission, R. MacArthur Corp. agreed to pay $340,000 in damages to five former employees resulting from a client’s inappropriate sexual conduct. R. MacArthur Corp.’s successor, San Oak Caring Hands LLC, agreed to implement measures to prevent future harassment. According […]
Gbolahan Sarumi probably thought it was a good idea to appeal the Labor Commissioner decision. He obviously believed the employee was not entitled to the money awarded, or at least that Gbolahan was not responsible for the payment. He filed his appeal to Superior Court, and several weeks later filed the required bond. He probably […]
Post-employment restrictions impose a “restraint of substantial character” on employment
Does an employer have to pay the employee to bring tools to work? It depends.
Non-solicitation clause held unenforceable in California. Does this apply to all employees?
Garcia v. Border Transportation limits Dymanex’s ABC test regarding independent contractors
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