A proven dispute resolver with years of judicial employment experience.
Employment ADR panelist for:
- American Arbitration Association
- Arts Arbitration and Mediation Services
Judge Nusbaum has judged, arbitrated, mediated and helped parties to settle hundreds of employment disputes.
Dispute Resolution Experience
Independent contractor. Claim for fraud, negligent misrepresentation, UCC employment contract unconscionability, and Utah employment contract unjust enrichment due to employment misclassification. Sole Arbitrator, American Arbitration Association.
Wage and Hour: A claim under an employer plan, for Failure to Pay Overtime in Violation of Fair Labor Standards Act in the amount of $214,000.00. Sole Arbitrator, American Arbitration Association.
International, Employment: A Seafarer claim for personal injury. Sole Arbitrator, International Centre for Dispute Resolution (ICDR)/AAA.
International, Employment: Claims for breach of employment agreement, breach of the covenant of good faith and fair dealing, and retaliation in violation of CA Labor Code Sec. 1102.5. Sole Arbitrator. International Centre for Dispute Resolution (ICDR)/AAA.
International, Intellectual Property. Claims of breach of a Proprietary Information Agreement by a terminated employee, with issues of violation of a non-competition agreement, trademark infringement, and use of a confusingly similar domain name. Request for injunctive relief, transfer of domain name ownership. Sole Arbitrator, American Arbitration Association.
Wage and Hour. California Fair Employment and Housing Retaliation; Labor Code violations, failure to pay wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, unfair unlawful and fraudulent business practices, PAGA and wrongful termination in violation of public policy. Sole Mediator, U.S.D.C. ND CA ADR Program.
Equal Employment Opportunity. EEO. Claims for discrimination based on age, race and retaliation. Sole Mediator, U.S. Postal Service REDRESS Mediation program.
Wage & Hour. California State Wage and Hour Claim (Non-FLSA) and claim of Failure to Pay Overtime in Violation of FLSA. Sole Arbitrator, American Arbitration Association.
Breach of contract. Misclassification as Independent contractor. Claims for non-payment of wages and reimbursements for bona fide business expenses. Civil penalties and attorneys fees under California Civil Code. Prejudgment interest at 10%. Fraud and misrepresentation. Sole arbitrator. American Arbitration Association.
Wrongful Termination, Retaliation. Sole Mediator. American Arbitration Association.
Wage & Hour. Claims for violations of California wage and hour laws, including unpaid meal premiums (Labor Code §§ 226.7 and 512(a)), unpaid rest periods premiums (Labor Code 226.7), unpaid minimum wages (Labor Code §§ 1194, 1197, 1197.1), unpaid overtime (Labor Code §§ 510, 1198), wages owed (Labor Code § 204), improper wage statements (Labor Code § 226(a)), unlawful wage deductions (Labor Code § 221), failure to provide seating (Labor Code §§ 1198, Regs. Title 8, § 11074(14), wages not paid on termination (Labor Code §§ 201, 202), PAGA (Labor Code 2698), and violation of CA Business and Professions Code, §§ 17200, et seq. Claims by claimant for legal fees under the Arbitration Agreement, where case was dismissed by claimant. Sole Arbitrator, American Arbitration Association.
Civil Rights: Job Discrimination. Claims of age and sex discrimination in denial of family leave, and retaliation for prior formal Equal Employment Opportunity (EEO) complaints. Sole Mediator, U.S. District Court for the Northern District of California.
Equal Employment Opportunity (EEO). Claims of discrimination based on race, sex and age in directions about job performance. Sole Mediator, USPS REDRESS Mediation program.
Equal Employment Opportunity (EEO). Claims of race, sex, and age discrimination and reprisal for prior EEO claim. Sole Mediator, USPS REDRESS Mediation program.
California State Wage and Hour Claims (Non-FLSA). Claims for rest breaks, minimum wages, off-the clock work, sales commissions, civil penalties under Ca. Labor Code § 2698, et seq. (PAGA), timely pay of final wages. Sole Arbitrator, American Arbitration Association.
Civil Rights. Class action by non-union member employees, who claim entitlement to a rebate of non-chargeable service fees collected from them by the public service union which has a collective bargaining agreement with their public employer, alleging that the opt out/objection procedure of the public service union violates their constitutional rights. Sole Mediator, U.S. District Court for the Northern District of California.
EEOC Compliance. Working Conditions/ Disparate Treatment based on Sex (Female) and Age (55). Sole Mediator, US Postal Service REDRESS Mediation.
EEOC Compliance. Race discrimination. Sole Mediator, US Postal Service REDRESS Mediation.
Employment: Wage and Hour. Claims of overtime pay. Amount in controversy $80,000. Sole mediator. U.S. District Court, Northern District of California. ADR Program.
Civil Rights: Job Discrimination. Claims that the defendant imposed involuntary medical leave on the employee, without the pre-disciplinary and evidentiary hearings required by the collective bargaining agreement and the County Personnel Practices and Practices Resolution, in violation of the employee’s due process rights under the state and federal constitutions. Early Neutral Evaluator, United States District Court for the Northern District of California.
Equal Opportunity (EEO). Claims of wrongful termination, age and sex discrimination. Sole mediator, US Postal Service REDRESS Mediation program.
Personal Injury. Claims arising out of the death of a longshoreman. Issues included whether the duties of a vessel owner extends to areas of the vessel not under the control or supervision of the defendant, turn-over condition, liability, legal causation of plaintiff’s injuries, contributory negligence, contribution of third party negligence, comparative fault of others, violation of the ISM code that provides an international standard for the safe operation and management of vessels, out-of-wedlock paternity, plaintiff’s standing, and legal guardianship. Amount in dispute $9,999,000. Mediator, U.S. District Court, Northern District of California.
Wage and Hour. claims by an employee who was paid a salary by an auto body shop but who did not qualify as an exempt employee and was therefore entitled to overtime wages. Amount in controversy $45,000. Sole Mediator, U.S. District Court, Northern District of California.
Breach of Contract, Trade Secret, Business Tort. Silicon materials supplier to global solar manufacturers. Claims that a key employee was secretly operating his competing business while employed, misappropriating trade secrets, tortiously interfering with contracts with vendors and customers, interfering with prospective economic advantage and violating California Business and Professions Code § 17200, et seq. Amount in controversy $1,300,000. California Superior Court, Temporary Settlement Judge.
Wage & Hour. Claims under the Fair Labor Standards Act for unpaid overtime, liquidated damages under 29 USC § 216(b), restitution under California Business and Professions Code § 17203, meal period violation under California Code of Regulation, Title 8, § 11050, sub 11 and California Labor Code § 226.7, failure to keep records required by California Code of Regulation, Title 8, sub 7(A)(3), California Labor Code § 226 Penalties. Sole mediator, U.S. District Court, Northern District of California ADR Program.
Wrongful Termination. Claims for termination of employment arising out of refusal to retaliate against an employee who was claiming sexual harassment and for overtime pay under California Labor Code § 510 and California Business and Professions Code § 17200. Amount in controversy $200,000. Temporary Settlement Judge, California Superior Court, Santa Clara County.
Wrongful Termination. Claims of wrongful termination in retaliation for reporting violations of funding contracts with the State of California, and the Brown Act. Amount in controversy $1,000,000. Early Settlement Conference Neutral, Superior Court of California.
Medical Leave. Claims involve age and physical disability discrimination. Mediator, United States Postal Service, Redress Dispute Resolution.
Fair Labor Standards. Claims of violation of the California Labor Code § 510, violation of the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), failure to provide meal and rest periods in violation of California Labor Code § 226.7, waiting time penalties under the California Labor Code § 203, and violation of California Business and Professions Code § 17203. Mediator, United States District Court for the Northern District of California ADR Program.
Federal Employees’ Group Life Insurance Act (FEGLIA). Mediated claim for recovery of insurance benefits paid pursuant to a beneficiary designation executed prior to decedent’s death but submitted to the decedent’s employer after his death, with issues of whether the FEGLIA statutes were violated, conversion, unjust enrichment, decedent’s intent, entitlement to counsel fees, and defendant’s inability to pay any judgment that might result. Amount in controversy $ 84,000. United States District Court for the Northern District of California ADR Program.
Personal Injury. Tort action for personal injuries arising out of a work-related accident, where a truck ran over the mechanic’s legs, fracturing his ankle. Issues included the extent of permanent impairment, future wage loss, mitigation of damages, contributory negligence, loaned employee, volunteer, and workers’ compensation lien. Amount in controversy more than $1,000,000. Settlement Judge Pro Tem, Superior Court of California, Santa Clara County.
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