Entries by Robert Nuddleman

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. […]

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 […]