Matthew Nakano

Matthew Nakano Associate

Matthew Nakano advises and represents LCW's public and private sector clients in all aspects of labor, employment and education law. 

Matt has advised and represented a number of cities, counties, special districts, public school and community college districts in cases involving leave issues, employee discipline and termination, layoffs, and general personnel matters. He has defended agencies and districts against unfair labor practice charges filed under the Meyers-Milias-Brown Act (MMBA) and Educational Employment Relations Act (EERA). Matt is also experienced in advising clients on the disability interactive process, reasonable accommodations, employee grievances, investigations, employee performance improvement plans, and retirement issues.

Matt also regularly counsels independent schools, universities, and non-profit organizations on various employment and student issues, including employment agreements, employee handbooks, enrollment agreements, student and family handbooks, student discipline, student disability accommodations, wage and hour law, and employee terminations.

Matt was selected as a Northern California Super Lawyers - Rising Star in 2019 and 2020.

ADMINISTRATIVE HEARINGS

Employee v. Agency (2018) - Prevailed in an appeal before an arbitrator which upheld the suspension of an employee for making racist statements in the workplace and termination of an employee for chronic poor performance.

Employee v. Agency (2015) - Prevailed in an appeal before a committee of the Board of Trustees which upheld employee separation due to inability to reasonably accommodate employee.

LITIGATION

Galos v. City of Sunnyvale (2013) - Obtained summary judgment in favor of City on Plaintiff's claims that he was denied a reasonable accommodation of his disability and harassed based on his disability. He also claimed that he was retaliated against for complaining to the City's Human Resources Department and the DFEH.

PERB

SEIU, Local 1021 v. County of Calaveras (2015) - Represented the County in unfair labor practice proceedings before a Public Employment Relations Board (PERB) administrative law judge. Successfully defended the County against allegations of discrimination/retaliation, interference, and failure to meet and confer in good faith relating to the County's assignment of employees' work site locations. The PERB ALJ determined that the County did not violate the MMBA and dismissed SEIU's complaint and underlying unfair practice charge in its entirety.

California Council of School Attorneys (CCSA)

Selected as a Northern California Super Lawyers - Rising Star (2019-2020)

Sep 25, 2018

It’s a New Fiscal Year – Time to Reset Your CalPERS Stopwatch

As public agencies near the end of the first quarter of the new fiscal year, now is the ideal time for California Public Employees’ Retirement System (CalPERS) agencies to verify that hours worked are being tracked for certain types of employees. The consequences for failing to accurately monitor hours worked can be significant if these employees work beyond certain limits during a fiscal year.  Since agencies are still in the first quarter of the fiscal year, it’s not too late to catch potential tracking issues before it results in costly consequences due to an inadvertent oversight in this area.

Aug 1, 2017

Lessons Learned From LCW’s “How to Avoid Claims of Disability Discrimination” Seminar

On July 11, 2017, Liebert Cassidy Whitmore’s Jennifer Rosner partnered with Department of Fair Employment and Housing (“DFEH”) Assistant Chief Counsel Paula Pearlman to present a seminar on “How to Avoid Claims of Disability Discrimination: The Road to Reasonable Accommodation.”  This seminar focused on navigating the challenges of addressing an employee’s disability when it intersects with performance issues and/or conduct that normally results in discipline.  This is an especially tricky area of the law full of pitfalls, where employers easily and sometimes unknowingly create liability.  

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