Legal updates

Here you’ll find the latest news from Nuddleman Law Firm, PC.

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...

New Employment Laws for 2020 Signed by Governor Newsom

The California legislature and Gavin Newsom have been busy in 2019. The following is a list of the new legislation impacting California employers. Most laws go into effect January 1, 2020, but a few go into effect immediately. Thank you to Phyllis Cheng who does an...

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...

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...

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...

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...

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....

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...

ARE NON-SOLICITATION AGREEMENTS AN ILLEGAL RESTRAINT OF TRADE?

Alan Foster of the Foster Law Group wrote a very good article on non-solicitation agreements. He gave me permission to reprint it here. It is a good adjunct to my article regarding AMN Healthcare. Without further ado: Although not directly holding non-solicitation...

Travel Time is Not Compensable

California Employees Must Be Paid for All “Hours Worked” California protects workers’ rights to compensation. It has a very broad definition of “hours worked.” It includes any time an employee is suffered or permitted to work and any hours an employee is subject to...