Entries by Robert Nuddleman

Dynamic Case Presentations

I am excited to be moderating a presentation hosted by the Santa Clara County Bar Association regarding using technology to enhance your case. Lisa Peck and Lisa Mak will be the presenters. The presentation is scheduled for Nov 18th at 12:00pm – 1:30pm at the SCCBA’s conference center, but you can also attend online. The […]

Sexual Harassment Prevention Training

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 […]

Call-In Requirement Triggers Reporting Time Pay

“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 […]

Missed Meal Break Claims Results in Multiple Violations

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 […]

Labor Commissioner Takes Expansive View of ABC

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 […]

Bay Area Home Care Provider pays $340,000 for Client Harassment

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 […]

Appealing Labor Commissioner Decisions – A Cautionary Tale

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 […]