Legal updates
Here you’ll find the latest news from Nuddleman Law Firm, PC.
Fall 2018 New Employment Laws – Part 1
New Employment Laws for 2018 It’s that time of year again: new employment laws for 2018. While everyone else in the state is bundling up and raking up the falling leaves, the Governor was busy signing bills. Over the next few weeks, we’ll be cutting through the...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
Facts and Myths Regarding Employee Handbooks
Are All Employers Required to Have Employee Handbooks? HR professionals and employment attorneys recommend employee handbooks for most companies, but there are no statutes or cases that require employee handbooks. An employee handbook centralizes the company’s...