Entries by Robert Nuddleman

When can an employer require an employee to pay for training?

Some employers require employees to have certain training before hiring the employee, advancing the employee to a higher position or even to maintain employment.  In some instances, the training is required by law (e.g., state-mandated continuing education).  In other instances, the training is required by the employer, but not required by any statute or regulation. […]

Workplace Dispute Resolution

I recently interviewed Jerry Marrs of Marrs Mediation regarding the financial and productivity benefits of workplace dispute resolution. Workplace Dispute Resolution Jerry Marrs explains what workplace dispute resolution is and how it can help employers and employees.  Workplace disputes not only create disharmony, the can also lead to wrongful termination, harassment or other lawsuits.  Whether […]

Attorney’s Letter Did Not Comply With PAGA Notice Requirements

The Ninth Circuit Court of Appeals recently held, in Alcantar v. Hobart Service, that an attorney’s letter did not comply with PAGA notice requirements, and therefore dismissed plaintiff’s PAGA claims.  According to the court, “the letter in which plaintiff disclosed his allegations against the employer did not contain sufficient facts to comply with the statute’s […]

Wrongful Termination After Nurse Repeatedly Refused to Perform Nurse-Led Stress Tests

Nurse-Led Stress Tests The Nursing Practice Act (Bus. & Prof. Code, § 2700 et seq.) regulates the practice of nursing in California.  The Nursing Practice Act permits nurses to perform certain functions that would otherwise be considered the illegal practice of medicine, when such functions are performed pursuant to a hospital’s “standardized procedures.”  (Bus. & Prof. […]

Employer Responsible for Attorneys’ Fees After Labor Commissioner Appeal

A California appellate court held an employer responsible for attorneys’ fees after Labor Commissioner appeal. In Royal Pacific Funding Corporation v. Arneson, the employer appealed a $29,500.00 Labor Commissioner award.  After the employee retained an attorney for the appeal who notified the employer of the employee’s intent to add additional claims to the appeal, the employer […]

Employee Threatening to Kill Co-workers Not a Qualified Individual With a Disability

Although Timothy Mayo was diagnosed in 1999 with major depressive disorder, medication and treatment enabled him to work for CC Structurals, Inc. without significant incident for many years. In 2010, however Mayo and some co- workers began to have issues with a supervisor who they claimed was bullying them and making work life miserable. In […]

Truck Drivers are Employees Not Independent Contractors

In Garcia v. Seacon Logix, Plaintiff truck drivers sued Seacon Logix, Inc. under Labor Code section 2802 for reimbursement of paycheck deductions, contending that they should have been classified as employees, not independent contractors.  The trial court agreed and awarded damages for specified paycheck deductions.  Seacon appealed contending the truck drivers are employees not independent contractors. […]

Stray Remarks Lead to Age Discrimination Claim

The Ninth Circuit today held that stray remarks could support an age discrimination claim, particularly when a supervisor considers age as being pertinent to a promotion decision.  In France v. Johnson, an employee who was denied a vacant GS-15 position, and later sued claiming he was denied the position because of his age. The employer defended […]

New Paid Sick Leave Law Causes Anxiety for Employers

California workers are often faced with a difficult decision: I don’t feel well and I don’t want to go to work where I will get other people sick, but I can’t afford to miss any work. In order to remedy this malady, the California legislature passed AB 1522 creating the Healthy Workplaces, Healthy Families Act […]