Legal updates
Here you’ll find the latest news from Nuddleman Law Firm, PC.
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...
Non-Solicitation Clause Unenforceable
Court Decision Casts Doubt on Non-Solicitation Clauses California is known for its strong prohibition on almost all forms of “non-compete” clauses. The Business and Professions Code states that “every contract by which anyone is restrained from engaging in a lawful...
Independent Contractor Analysis Gets Modified…Again
Further Clarification of the Employee vs. Independent Contractor Question The distinction between employees and independent contractors is imperative to workers and businesses. Employees enjoy many more protections and benefits than independent contractors and...
S.F. Minimum Wage Increases
San Francisco minimum wage increases to $15.59 per hour on July 1, 2019. San Francisco, like many cities and counties in California, adopted a minimum wage rate higher than California or Federal minimum wage. The minimum wage increased to $15.00 on July 1, 2018, and...
2019 PFAC Conference
I’ll be speaking at the 2019 PFAC Conference taking place May 1-4 at the Disneyland Resort Hotel in Anaheim. This conference provides a comprehensive educational opportunity for professional fiduciaries as well as pertinent learning for estate and trust attorneys,...