| 1/10/2012 |
Fenwick Employment Brief - January 2012 |
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| In a major wage/hour ruling, the California Supreme Court clarified the test used to analyze whether the administrative exemption to overtime applies to employees. more |
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| 12/14/2011 |
Fenwick Employment Brief - December 2011 |
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| In Kennedy v. Glen Mills School, a federal court in Pennsylvania dismissed a terminated employee's claim of disability discrimination (based on alleged alcoholism) because the employee... more |
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| 11/10/2011 |
Fenwick Employment Brief - November 10, 2011 |
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| Governor Brown approved several additional laws that take effect January 1, 2012 and add to employer obligations. more |
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| 10/11/2011 |
Fenwick Employment Brief - October 11, 2011 |
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| The Internal Revenue Service ("IRS") recently announced a program to encourage employers to reclassify workers who were previously misclassified as independent contractors. more |
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| 9/19/2011 |
Fenwick Emploment Brief - September 19, 2011 |
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| In a troubling case for employers, a California court of appeal held in Pantoja v. Anton that it was prejudicial error for a trial court to exclude so-called "me too" evidence of sexual harassment of other employees. more |
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| 8/16/2011 |
Fenwick Emploment Brief - August 16, 2011 |
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| The National Labor Relations Board (“NLRB”) ruled last month that an employer’s termination of non-unionized employees who had appeared on a television newscast wearing their uniforms while making disparaging statements about the employer violated the National Labor Relations Act more |
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| 7/20/2011 |
Death of a Paper Salesman? An Analysis of Going Paperless |
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| With the "going green" movement and the rising costs of operating a business, many companies are opting – or at least attempting – to go "paperless." more |
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| 7/13/2011 |
Fenwick Employment Brief - July 13, 2011 |
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| A series of recent cases demonstrate a growing tendency among federal courts in the Northern District of California towards greater scrutiny and limitation of wage and hour class actions more |
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| 7/7/2011 |
Fenwick & West Employment Brief Special Bulletin - July 2011 |
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| In a disappointing result for employers with potentially far-reaching consequences, the California Supreme Court ruled in Sullivan v. Oracle Corporation that California employers must apply state overtime rules to out-of-state employees who perform work within California. more |
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| 6/30/2011 |
"Unlimited Vacation" Policies Gaining Traction |
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| In California and elsewhere, several companies have moved away from traditional vacation accrual policies to an unlimited vacation ... more |
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| 6/23/2011 |
Fenwick & West Employment Brief Special Bulletin - June 2011 |
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| In a far-reaching and favorable decision for employers, the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes barred the "most expansive class action ever" as lacking evidence of the "common policy of discrimination" necessary for class treatment. more |
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| 6/14/2011 |
Fenwick Employment Brief - June 2011 |
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| In California, certain commissioned salespersons may be properly classified as exempt from overtime. more |
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| 5/13/2011 |
Fenwick Employment Brief - May 2011 |
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| In Wills v. Superior Court of Orange County, a California appellate court considered the case of Linda Wills, a long-time employee of the Orange County Superior Court who suffers from bipolar disorder that subjects
her to depressive and manic episodes. more |
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| 4/11/2011 |
Labor and Employment Roundtable: Current Issues in California and Federal Employment Law |
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| Technological innovations have introduced a host of new legal questions to the employment law area. Thanks to computer and mobile technology, workforces are increasingly virtual and global, creating new tensions in labor law compliance, particularly when it comes to wage-and-hour requirements. more |
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| 4/8/2011 |
Fenwick Employment Brief - April 2011 |
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| The Supreme Court ruled last month that workers who complain about wage violations to their employer
are protected from retaliation under the Fair Labor Standards Act (FLSA) more |
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| 3/14/2011 |
Fenwick Employment Brief - March 2011 |
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| In a troubling decision for employers, the United States Supreme Court has endorsed the so-called "cat's paw" doctrine of employment discrimination. more |
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| 1/7/2011 |
Fenwick Employment Brief - January 2011 |
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| In a recent California Court of Appeals ruling, an employer was allowed to proceed with a defamation lawsuit seeking damages and injunctive relief against former employees and a community activist who publicly claimed that the employer was racist when... more |
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| 1/3/2011 |
Summary of Covenants Not To Compete: A Global Perspective |
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| Fenwick & West participated in a substantial collaborative effort by the members of The Techlaw Group on the subject of Covenants Not to Compete. The publication is a compilation of the laws regarding noncompetition agreements covering the United States and several European countries. more |
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| 12/15/2010 |
Fenwick Employment Brief - December 2010 |
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| According to a recent California appellate opinion, a compensation plan provision promising a future reduced sales quota upon achievement of certain age and tenure requirements may result in a binding contract the employer could not alter after the requirements had been met. more |
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| 11/10/2010 |
Fenwick Employment Brief - November 2010 |
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| In EEOC v. Prospect Airport Services, Inc., plaintiff Rudolpho Lamas was allowed to proceed with his case for sexual harassment by a co-worker after the federal Ninth Circuit Court of Appeals reversed a summary judgment in the employer's favor. more |
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| 9/15/2010 |
Fenwick Employment Brief - September 15, 2010 |
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| Two recent federal appellate decisions highlight some of the procedural pitfalls that lurk within the federal Family and Medical Leave Act ("FMLA"). more |
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| 8/11/2010 |
Fenwick Employment Brief - August 11, 2010 |
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| It is often difficult to get a court to dismiss an employment discrimination case prior to trial due to the number of critical facts involved that generally require resolution by a jury, including the employer'stivating reasons for the adverse employment action. more |
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| 7/14/2010 |
Fenwick Employment Brief - July 14, 2010 |
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| In an unpublished decision, a California appellate court revived a plaintiff's claim for age discrimination, finding admissible his proffered "me too" evidence of a corporate plan to drive out older managers more |
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| 6/18/2010 |
Employment Practice Group Alert: Supreme Court Rules That Employer Search Of Employee Text Messages Did Not Violate Fourth Amendment |
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| In City of Ontario v. Quon, the United States Supreme Court held that a government employer's review of an employee's text messages sent and received on an employer-issued pager did not violate the employee's Fourth Amendment constitutional rights. more |
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| 6/9/2010 |
Fenwick Employment Brief - June 9, 2010 |
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| In a favorable decision for business, the California Supreme Court held that the commercial wholesalers who purchased strawberries from a farmer could not be held liable... more |
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| 5/12/2010 |
Fenwick Employment Brief - May 12, 2010 |
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| The Ninth Circuit recently affirmed a 2004 district court's decision to certify a nationwide class of women in a gender discrimination class action against Wal-Mart, the country’s largest retailer. more |
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| 4/13/2010 |
Fenwick Employment Brief - April 13, 2010 |
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| The California Department of Labor Standards Enforcement's strict (and somewhat inconsistent) requirements regarding unpaid interns made it difficult for California businesses to employ them more |
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| 3/12/2010 |
Fenwick Employment Brief - March 12, 2010 |
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| In Tides v. Boeing, a federal district court in Seattle ruled that two employees who leaked documents to the media were not protected whistleblowers under the Sarbanes OxleyAct ("SOX"). more |
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| 2/10/2010 |
Fenwick Employment Brief - February 10, 2010 |
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| A California appellate court rejected an employer's affirmative defense that account executives were exempt administrative employees because their work did not relate to the management policies or general business operations of the employer or its customers more |
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| 1/12/2010 |
Fenwick Employment Brief - January 12, 2010 |
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| To properly classify an employee as exempt, an employer must satisfy the salary-basis test by paying a salary, "without deduction," regardless of how many or how few hours the employee works during the pay period. Courts and agencies, however, have allowed employers to deduct from an employee's vacation or sick leave balance in full-day increments without violating the test. more |
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| 1/4/2010 |
Employee Benefits Alert: Congress Extends COBRA Premium Assistance Subsidy |
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| On December 19, 2009, President Obama signed the 2010 Department of Defense Appropriations Act (the "DOD Act"), which extended two significant features of the COBRA health care continuation coverage premium subsidy originally enacted in early 2009 by the American Recovery and Reinvestment Act ("ARRA"). more |
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| 12/11/2009 |
Fenwick Employment Brief - December 11, 2009 |
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| Although California has a long-standing prohibition on noncompetition agreements, as codified in Business and Professions Code Section 16600, courts have historically allowed such agreements where necessary to protect an employer’s trade secrets more |
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| 11/17/2009 |
Fenwick Employment Brief - November 17, 2009 |
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| The California Supreme Court recently upheld the forfeiture of a departing employee's restricted stock and the money used to purchase it, rejecting the employee's claim it amounted to an unlawful forfeiture of wages. more |
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| 10/15/2009 |
Fenwick Employment Brief - October 15, 2009 |
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| Flu season is upon us, and this year the concerns are heightened due to the threat posed by the H1N1 influenza virus (also referred to as the swine flu). Presently, thirty seven states, including California and Washington, have reported widespread swine flu activity, and the Centers For Disease Control (CDC) is recommending that individuals take precautions to reduce the likelihood of virus transmission. In light of the possible impact of the swine flu (or other communicable disease) on businesses, employers should be prepared to address both the practical and legal concerns arising from an outbreak. more |
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| 9/9/2009 |
Fenwick Employment Brief - September 9, 2009 |
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| In Van Asdale v. International Game Technology, the U.S. Court of Appeal for the Ninth Circuit issued its first decision defining the scope of protected conduct under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 ("SOX"). more |
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| 8/27/2009 |
Employee Benefits Alert: Another 401(k) Headache: Covering Leased Employees |
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| In a recent employee benefits alert, we looked at temporary and part-time employees, and the circumstances under which an employer must cover them under its 401(k) plan.... more |
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| 8/14/2009 |
Fenwick Employment Brief - August 14, 2009 |
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| Balancing employee privacy rights and an employer's right to monitor its workplace is a challenge. In Hernandez v. Hillsides, Inc., the California Supreme Court clarified the law in this area and articulated important principles regarding workplace privacy more |
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| 7/16/2009 |
Fenwick Employment Brief - July 16, 2009 |
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| The California and U.S. Supreme Courts handed down three very important decisions in recent weeks that affect several key aspects of employment law... more |
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| 7/2/2009 |
Employee Benefits Alert: A Trap for the Unwary Employer: Failure to Cover Part-Time and Temporary Employees Under a 401(k) Plan |
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| Clients often ask us whether certain groups of employees, such as part-time or temporary employees, must be covered under their 401(k) plan more |
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| 6/10/2009 |
Fenwick Employment Brief - June 10, 2009 |
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| In Applied Materials v. Advanced Micro-Fabrication Equipment Company, the federal district court for the Northern District of California refused to enforce an invention assignment clause that required former employees to assign inventions disclosed within one year of termination of employment if the invention related to work performed by the employee for the employer.... more |
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| 5/14/2009 |
Employee Benefits Alert: Update on Health Care Reform: Has San Francisco Finally "Cracked the ERISA Code?" |
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| The Department of Labor has just released several model notices (including election forms) to reflect the new COBRA subsidy requirements of ARRA, the American Recovery and Reinvestment Act of 2009.... more |
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| 5/14/2009 |
Fenwick Employment Brief - May 14, 2009 |
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| Although the swine flu outbreak appears to have peaked (for the time being), employers should nevertheless remain vigilant and take the following proactive steps to deal with a potential full blown pandemic... more |
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| 4/15/2009 |
Fenwick Employment Brief - April 15, 2009 |
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| In 14 Penn Plaza v. Pyett, the Supreme Court ruled (5-4) that provisions in collective bargaining agreements requiring union members to arbitrate claims arising under the Age Discrimination in Employment Act can bar private lawsuits by aggrieved employees.... more |
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| 3/24/2009 |
Employee Benefits Alert: New COBRA Subsidy Model Notices |
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| The Department of Labor has just released several model notices (including election forms) to reflect the new COBRA subsidy requirements of ARRA, the American Recovery and Reinvestment Act of 2009.... more |
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| 3/19/2009 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
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| The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims... more |
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| 3/12/2009 |
Fenwick Employment Brief - March 12, 2009 |
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| A group of Oracle employees who resided outside California but traveled into the state periodically to perform work for Oracle sued the company, claiming that they were entitled to the benefits of California's more favorable overtime laws....
more |
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| 2/23/2009 |
Employee Benefits Alert: COBRA Subsidy Provisions of the American Recovery and Reinvestment Act of 2009 |
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| On February 17, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 ("ARRA") into law. This stimulus package provides significant health care continuation coverage relief for lower- and moderate-income employees who are involuntarily terminated between September 1, 2008 and December 31, 2009...
more |
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| 2/9/2009 |
Fenwick Employment Brief - February 9, 2009 |
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| President Obama has signed into law the Lilly Ledbetter Fair Pay Act of 2009 ("Fair Pay Act"), which provides that an unlawful employment practice occurs not only when an employer makes a discriminatory decision about the employee';s compensation, but each time an employee receives a paycheck or other compensation affected by the discrimination....
more |
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| 1/13/2009 |
Costco Decision Could Significantly Change Scope of Attorney-Client Privilege |
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| The case of Costco Wholesale Corporation v. Superior Court, currently pending before the California Supreme Court, may dramatically affect the manner in which clients interact with and utilize their lawyers....
more |
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| 1/13/2009 |
Fenwick Employment Brief - January 13, 2009 |
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| Although Starbucks has been the target of numerous class action lawsuits in the U.S., the company defeated plaintiffs in one recent class action arising out of the criminal background question in its job application....
more |
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| 12/10/2008 |
Fenwick Employment Brief - December 10, 2008 |
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| 11/20/2008 |
Fenwick Employment Brief - November 20, 2008 |
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| The California Supreme Court recently granted review of Brinker Restaurant Corp. v. Superior Court, in which a Court of Appeal held that an employer's obligation to "provide" rest and meal breaks to employees means only that the employer must make such breaks available to employees...
more |
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| 10/7/2008 |
Fenwick Employment Brief - October 7, 2008 |
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| As of September 30, 2008, exempt computer professionals in California can be paid a minimum of $75,000 per year for full-time employment on a salaried basis, rather than the previous requirement of at least $36 per hour...
more |
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| 9/18/2008 |
Fenwick Employment Brief - September 18, 2008 |
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| Avila v. Continental Airlines, Inc. is the latest court decision to highlight the often complex intersection between disability and medical leave laws...
more |
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| 8/12/2008 |
Fenwick Employment Brief - August 12, 2008 |
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| California DLSE: Employers Must Make Meal and Rest Breaks Available, Need Not Ensure Employees Take Breaks—and Yet Another Court Agrees; California Supreme Court Confirms Non-competes are Unenforceable in California, Eases Requirements on Releases; NLRB Strikes Down Firing of Employee Who Breached an Illegal Confidentiality Provision; News Bites...
more |
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| 8/8/2008 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
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| The California Supreme Court has ruled in Edwards v. Arthur Andersen LLP, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 ("Section 16600")...
more |
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| 7/23/2008 |
Fenwick Employment Alert: July 23, 2008 |
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| In a victory for California employers, a California appellate court ruled that an employer's duty to "provide" rest and meal breaks to employees means that the employer need only make such breaks available to employees, and not that it ensure that employees actually take such breaks.
more |
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| 7/10/2008 |
Fenwick Employment Brief - July 10, 2008 |
|
| In Quon v. Arch Wireless Operating Company, police officer Quon sued a wireless company and his employer City of Ontario for violating his privacy by accessing his personal text messages sent by way of an employer-provided pager.
more |
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| 6/10/2008 |
Fenwick Employment Brief - June 10, 2008 |
|
| In CBOCS West, Inc. v. Humphries, the United States Supreme Court decided (in a 7-2 vote) that 42 U.S.C. § 1981, which was enacted shortly after the Civil War as part of the Civil Rights Act of 1866 to prohibit race discrimination, also encompasses claims of retaliation in employment.
more |
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| 5/15/2008 |
Fenwick Employment Brief - May 15, 2008 |
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| In a victory for employers, a California appellate court confirmed owners, officers, and managing agents' limited personal liability under California law for a corporation's failure to pay wages.
more |
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| 4/11/2008 |
Fenwick Employment Brief - April 11, 2008 |
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| In a victory for employers, the California Supreme Court held in a 4-3 decision in Jones v. The Lodge at Torrey Pines Partnership that supervisors cannot be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA).
more |
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| 3/11/2008 |
Fenwick Employment Brief - March 11, 2008 |
|
| In Sprint/United Mgmt. Co. v. Mendelsohn, the United State Supreme Court held that "me too" evidence of discrimination is neither per se admissible nor per se inadmissible in an age discrimination lawsuit...
more |
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| 2/8/2008 |
Fenwick Employment Brief - February 8, 2008 |
|
| In a significant ruling for employers, the California Supreme Court recently held that an employer is not required to accommodate an employee who uses medical marijuana.
more |
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| 1/8/2008 |
Fenwick Employment Brief - January 8, 2008 |
|
| The NLRB ruled in The Guard Publishing Company, dba The Register Guard that employers may enforce a policy that prohibits employees from using employer email for "non-job-related solicitations" (including union organizing efforts), so long as they do so in a non-discriminatory manner.
more |
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| 12/10/2007 |
Fenwick Employment Brief - December 10, 2007 |
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| In Mokler v. County of Orange, a California Court of Appeal held there was sufficient evidence to support a plaintiff's retaliatory dismissal claim, but rejected her sexual harassment claim as not being sufficiently severe or pervasive to alter the conditions of her employment.
more |
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| 11/20/2007 |
Fenwick Employment Brief - November 20, 2007 |
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| Effective January 1, 2008, the minimum hourly rate for exempt computer software professionals will be $36, down from this year’s minimum of $49.77.
more |
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| 10/8/2007 |
Fenwick Employment Brief - October 8, 2007 |
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| In a decision narrowing the scope of the administrative exemption, a California Court of Appeal held in Harris v. Superior Court that insurance claims adjusters were improperly classified under the administrative exemption because they performed "production" rather than administrative work.
more |
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| 9/10/2007 |
Fenwick Employment Brief - September 10, 2007 |
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| The California Supreme Court has provided guidance regarding the enforceability of a ban on class actions in employment arbitration agreements.
more |
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| 7/10/2007 |
Fenwick Employment Brief - July 10, 2007 |
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| In an unusual decision specifically addressing a "no-hire clause," a California appellate court articulated some guidelines as to the enforceability of such provisions.
more |
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| 6/18/2007 |
Fenwick Employment Brief - June 18, 2007 |
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| In a favorable decision for employers, the U.S. Supreme Court held that an employee's Title VII claim for sex discrimination — based on allegations of unequal pay compared to her male peers - was untimely because she waited several years following the allegedly discriminatory acts to bring her claim.
more |
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| 5/9/2007 |
Fenwick Employment Brief - May 9, 2007 |
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| Employers with 100 or more employees and federal contractors with 50 or more employees must comply with new Employer Information Report (EEO-1) requirements, including a revised report form that must be used in 2007 and revised collection and reporting requirements for 2008.
more |
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| 4/17/2007 |
Employment Law Alert: Payment for Missed Meal and Rest Periods Is a "Wage" Subject to Three-Year Statute of Limitations |
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| In a unanimous decision, the California Supreme Court held that the hour of pay to which non-exempt employees are entitled when they are denied a meal or rest period constitutes a wage, not a penalty.
more |
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| 4/11/2007 |
Fenwick Employment Brief - April 11, 2007 |
|
| In Cintas Corp. v. NLRB, the Court of Appeals for the District of Columbia Circuit ruled that an employer committed an unfair labor practice under the National Labor Relations Act (NLRA) by simply publishing its policy on confidentiality, even though the rule did not expressly forbid protected discussions nor was there evidence that the rule was used to prohibit protected activity.
more |
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| 3/12/2007 |
Fenwick Employment Brief - March 12, 2007 |
|
| In Walton v. U.S. Marshall Service, the Ninth Circuit clarified the legal standard for establishing a "regarded as" disability discrimination claim. Naomi Walton, a court security guard, was terminated from her employment after failing to meet her employer's hearing standard.
more |
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| 2/7/2007 |
Fenwick Employment Brief - February 7, 2007 |
|
| A California court of appeal recently clarified which kinds of conduct will support a hostile work environment harassment claim under California’s Fair Employment and Housing Act (FEHA).
more |
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| 1/2/2007 |
Fenwick Employment Brief - January 2, 2007 |
|
| Although employee misuse of the internet is still rife with potential liability for employers, a recent California appellate court decision reduces the risk, at least as to one potential source of liability.
more |
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| 12/4/2006 |
Fenwick Employment Brief - December 4, 2006 |
|
| The recent settlement of class action overtime lawsuits against IBM and Siebel confirm that the plaintiffs' bar has its sights set on the technology industry, with an aggressive attack on the historical treatment of most engineers and other technology workers as exempt from overtime compensation.
more |
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|
| 11/6/2006 |
Fenwick Employment Brief - November 6, 2006 |
|
| On October 10, 2006, the Ninth Circuit Court of Appeals held that a disabled employee need not prove he was a "qualified" individual to demonstrate disability discrimination.
more |
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|
| 10/17/2006 |
Fenwick Employment Brief - October 17, 2006 |
|
| A California appellate court decision, Edwards v. Arthur Andersen, previously reported in the September 1, 2006, Fenwick Employment Alert, has stirred considerable debate within the employment law community about the enforceability of broad general release and covenant-not-to-sue provisions.
more |
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|
| 9/25/2006 |
Fenwick Employment Brief - September 25, 2006 |
|
| In Strategix v. Infocrossing West, Inc., the court held that a nonsolicitation covenant prohibiting the seller of a business from soliciting all of the purchaser's employees and customers was overbroad and unenforceable.
more |
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|
| 9/6/2006 |
Fenwick Employment Brief - September 6, 2006 |
|
| A recent decision by the Ninth Circuit emphasizes the importance of putting employees on notice that their computer and internet activity may be monitored.
more |
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|
| 9/1/2006 |
Employment Law Alert: September 1, 2006 |
|
| A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce non-competes against California employees where the restraint excludes an employee from a narrow portion of his or her profession.
more |
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|
| 8/17/2006 |
Fenwick Employment Brief - August 17, 2006 |
|
| The California Supreme Court recently concluded that the "at will" doctrine is alive and well in California.
more |
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|
| 7/26/2006 |
Fenwick Employment Brief - July 26, 2006 |
|
| In an unfavorable decision for employers, the U.S. Supreme Court held that adverse actions which do not cause tangible economic harm to employees may nevertheless constitute retaliation in violation of Title VII.
more |
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|
| 6/12/2006 |
Fenwick Employment Brief - June 12, 2006 |
|
| In Estee Lauder Co. v. Batra, a federal district court judge in New York granted a preliminary injunction against a former Estee Lauder senior executive who allegedly breached his noncompete agreement by taking a job with a rival cosmetics maker.
more |
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|
| 5/10/2006 |
Fenwick Employment Brief - May 10, 2006 |
|
| The California Supreme Court recently issued a unanimous decision holding that three writers for the sitcom "Friends" did not sexually harass their former assistant, even though the assistant was exposed to coarse sexual humor during brainstorming sessions in which potential...
more |
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|
| 3/29/2006 |
USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too |
|
| When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue.
more |
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|
| 3/27/2006 |
Fenwick Employment Brief - March 27, 2006 |
|
| In August 2005, we reported on the California Supreme Court's ruling in Reynolds v. Bement, where the court held that corporate officers and directors were not personally liable under state wage/hour laws for overtime obligations.
more |
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|
| 3/9/2006 |
Fenwick Employment Brief - March 9, 2006 |
|
| The U.S. Supreme Court recently held that a manager's occasional use of the word "boy" to refer to African-American employees may constitute sufficient evidence of race discrimination.
more |
|
|
| 2/23/2006 |
Fenwick Employment Brief - February 23, 2006 |
|
| On appeal, a Virginia federal judge recently refused to enforce a Labor Department administrative law judge's order reinstating the first plaintiff to bring a successful claim under the Sarbanes-Oxley Act's whistleblower protections.
more |
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|
| 2/8/2006 |
Fenwick Employment Brief - February 8, 2006 |
|
| In recent weeks, three separate California courts of appeal have weighed in on the question of whether the one hour of pay to which an employee is entitled when he or she is denied a meal period constitutes a wage payment or a penalty.
more |
|
|
| 11/29/2005 |
Fenwick Employment Brief - November 29, 2005 |
|
| The California Court of Appeal recently ruled that, although an employer may ordinarily refuse to communicate through an employee's attorney during the interactive process to reasonably accommodate an employee's disability, in some limited circumstances the employer may need to communicate with an employee's attorney.
more |
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|
| 11/22/2005 |
Fenwick Employment Brief - November 22, 2005 |
|
| The U.S. Supreme Court held in IBP v. Alvarez that, under the federal Fair Labor Standards Act, an employee’s work time at a meat packing plant included time spent walking to an employee’s workstation after changing into protective gear.
more |
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|
| 10/27/2005 |
Fenwick Employment Brief - October 27, 2005 |
|
| The decision by a 3-judge panel of the Fourth Circuit Court of Appeals that FMLA releases must be approved by a court or the federal Department of Labor
more |
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|
| 10/1/2005 |
What Employers Should Know and Do About Blogs |
|
| With the proliferation of weblogs or "blogs," companies find themselves faced with a new forum for employee conduct that poses both risks and rewards.
more |
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|
| 9/26/2005 |
Fenwick Employment Brief - September 26, 2005 |
|
| The California Supreme Court recently held that an employee’s refusal to follow a supervisor’s order that the employee reasonably believes is discriminatory— even absent a formal complaint—is a protected activity under the California Fair Employment and Housing Act (FEHA) that can serve as the basis for a retaliation claim.
more |
|
|
| 9/19/2005 |
Executive Compensation and Benefits Update - Now We Are Making Sense — Revised Grant Date Rulesfor Options |
|
| At a meeting earlier this year, the Financial Accounting Standards Board (“FASB”) announced that, pursuant to FAS Statement 123(R), the grant date of an option would not occur until the employee had been notified of the material terms of the option grant.
more |
|
|
| 8/18/2005 |
Executive Compensation and Benefits Update - New Accounting Valuation Rules for Option Grants—Definition of Grant Date |
|
| Under FAS Statement 123(R) options granted to employees are valued based on their fair value as of the "grant date" of the option.
more |
|
|
| 8/12/2005 |
Fenwick Employment Law Alert: California Supreme Court Rules that Officers and Directors are not Personally Liable in Overtime Cases |
|
| In an important victory for California officers, directors and managers, on August 11, 2005, the California Supreme Court held such individuals are not personally liable to employees for unpaid overtime.
more |
|
|
| 8/8/2005 |
Fenwick Employment Brief - August 8, 2005 |
|
| Relations With Subordinates May Create Hostile Environment / Discrimination in Attempting to "Westernize" Employee's Name / Failure to Stop Customer Harassment / $20 Million Verdict in Age Bias Case / 401(k) Documentation / Mandatory Harassment Training
more |
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|
| 7/25/2005 |
Fenwick Employment Brief - July 25, 2005 |
|
| California Court Authorizes Partial-day PTO Deductions for Exempt Workers
more |
|
|
| 7/20/2005 |
Fenwick Employment Brief - July 20, 2005 |
|
| Vertigo Not a Disability under ADA/ Same-actor Inference Defeats National Origin Discrimination Claim/ Lack of Notice Defeats FMLA Claim/ Independent Contractor May State Unruh Act Discrimination Claim/ Meal or Rest Period Violations Penalty Clarified
more |
|
|
| 7/12/2005 |
Fenwick Employment Brief - July 12, 2005 |
|
| Labor Commissioner Reconsiders Position on Partial Day Vacation Deductions / Criticisms of Employee's Performance do not Support FEHA Claim / NLRB Strikes Down Handbook Provision Limiting Employee Complaints / Employer's Failure to Post Notice May Excuse Late EEOC Filing / Abercrombie & Fitch Agrees to Settle Class Action
more |
|
|
| 6/22/2005 |
Fenwick Employment Brief - June 22, 2005 |
|
| Employer's Use of "Personality" Test Violated ADA/ Decision Highlights Risk of Using E-Mail to Distribute Important Personnel Policies/ Ninth Circuit Will Reconsider Casino's Requirement that Women Bartenders Wear Makeup/ Hospital Settles Wage/Hour Class Action for $4.75 Million
more |
|
|
| 4/26/2005 |
Fenwick Employment Brief - April 26, 2005 |
|
| California Issues Newly Revised Meal Break Rules/ No Strict Liability Under FMLA For Employee Engaged In Disruptive Workplace Behavior/ Employer Liable For Discharging Returning Veteran/ San Jose Jury Awards Over $2 Million In Co-worker Sex Harassment Case
more |
|
|
| 4/14/2005 |
Fenwick Employment Brief - April 14, 2005 |
|
| U.S. Supreme Court Allows Disparate Impact Theory in Age Discrimination Cases/Employers May Not Require Medical Examination Before Making "Real" Job Offer
more |
|
|
| 3/2/2005 |
Fenwick Employment Brief - March 2, 2005 |
|
| Employer Lawfully Recovered Unearned Commission Advances/Employer's Stray Remarks about Age Enable Older Worker to Proceed to Trial on Discrimination Claim
more |
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|
| 1/10/2005 |
Fenwick Employment Brief - January 10, 2005 |
|
| Ninth Circuit Permits Requirement that Women Bartenders Wear Makeup/Indefinite Leave of Absence Not A Reasonable Accommodation When Employee Unlikely to Return Within Reasonable Time
more |
|
|
| 12/15/2004 |
Fenwick Employment Brief - December 15, 2004 |
|
| Employees Who Resign from At-Will Employment May Recover Damages for Unfulfilled Promise of Future Employment/Employer Not Liable for "Equal Opportunity" Abuser
more |
|
|
| 12/6/2004 |
Fenwick Employment Brief - December 6, 2004 |
|
| No Personal Liability for Co-Worker Harassment Committed Before 2001 Amendment/Conduct That Ridicules Both Sexes May Still Create a Hostile Work Environment
more |
|
|
| 11/16/2004 |
Fenwick Employment Brief - November 16, 2004 |
|
| Alert: Voters Curtail Plaintiffs' Lawyers' Ability to Launch Class Actions Against Business/Employers Hit with $650,000 and $1.8 Million Verdicts for Wrongful Termination
more |
|
|
| 10/26/2004 |
Fenwick Employment Brief - October 26, 2004 |
|
| Disparate Impact Claim Fails Even Though Reorganization Primarily Displaced Workers in Protected Classes/Insubordination Triggered by Employer's Own Unlawful Conduct Cannot Justify Adverse Employment Action
more |
|
|
| 10/11/2004 |
Fenwick Employment Brief - October 11, 2004 |
|
| Fabrication Plant Workers Entitled to Wages for Donning and Doffing Clean Room Uniforms.
more |
|
|
| 9/27/2004 |
Fenwick Employment Brief - September 27, 2004 |
|
| Discrimination Claims Not Released by Standard Form Workers' Compensation Release Agreement/Alleged Acts of Harassment Occurring Outside of the Actionable Time Period May Be Knitted Together with More Recent Incidents to Support Hostile Environment Claim
more |
|
|
| 9/8/2004 |
Fenwick Employment Brief - September 8, 2004 |
|
| California Supreme Court Lowers the Bar for Wage and Hour Class Actions/Interference With At-Will Employment Requires Independently Wrongful Actions
more |
|
|
| 8/30/2004 |
Fenwick Employment Brief - August 30, 2004 |
|
| California Court Refuses to Dismiss Retaliation Claim, Even Though Decision-Maker Was Unaware of the Terminated Employee's Protected Activity.
more |
|
|
| 8/10/2004 |
Fenwick Employment Brief - August 10, 2004 |
|
| Gender Bias Lawsuit Settlements Result in Substantial Monetary and Non-Monetary Obligations for Boeing and Morgan Stanley.
more |
|
|
| 7/28/2004 |
Fenwick Employment Brief Special Update - July 28, 2004 |
|
| Special Update Re: Private Attorney General Act Developments.
more |
|
|
| 7/19/2004 |
Fenwick Employment Brief - July 19, 2004 |
|
| Private Sector Employee Cannot Sue for Wrongful Discharge Based upon Alleged Violation of "Free Speech" Right/Former Employee Allowed to Pursue Claim for Wrongful Discharge for Complaining About Fraudulent Billing Practices
more |
|
|
| 7/12/2004 |
Fenwick Employment Brief - July 12, 2004 |
|
| Employer's Notice By Email of Mandatory Arbitration Policy Deemed Inadequate/Court Clarifies Scope of Marital Status Discrimination Claims
more |
|
|
| 6/25/2004 |
Fenwick Employment Brief - June 25, 2004 |
|
| U.S. Supreme Court Recognizes Concept of Constructive Discharge in Title VII Cases/NLRB Reverse Itself: Non-Union Employees Now Not Entitled to Have Coworker Present at Disciplinary Interview
more |
|
|
| 6/16/2004 |
Weekly Employment Brief - June 16, 2004 |
|
| A Less Appealing Job Reassignment Does Not Constitute Adverse Action For Title VII Claim/Terminating Employee For Violation Of Harassment Policy Not Pretext For Religious Discrimination
more |
|
|
| 6/1/2004 |
Weekly Employment Brief - June 1, 2004 |
|
| Court Sends Case To Jury Determine Whether Employee's Refusal To Work With A Specific Supervisor Constituted A "Constructive Resignation".
more |
|
|
| 5/20/2004 |
Weekly Employment Brief - May 20, 2004 |
|
| U.S. Department of Labor Issues New Rules Regarding White-Collar Overtime Exemptions.
more |
|
|
| 4/30/2004 |
Weekly Employment Brief - April 30, 2004 |
|
| Corporate Restructuring Not A Reasonable Accommodation Under FEHA/Unequal Pay For Employees With Similar Titles Is Permissible Where Duties And Skill Levels Differ
more |
|
|
| 4/23/2004 |
Weekly Employment Brief - April 23, 2004 |
|
| Merely Hiring From competitor Not Unlawful Interference with Contract/Employee May Claim Retaliation Even if Underlying Complaint Lacks Merit
more |
|
|
| 4/14/2004 |
Weekly Employment Brief - April 14, 2004 |
|
| Employee's Contract Claim Withstands Motion to Dismiss Because of Frail "At Will" Provision/Employer Liability for Non-Employee Sexual Harassment May Be Based on Conduct That Occurred to Enactment of FEHA Amendment
more |
|
|
| 4/7/2004 |
Weekly Employment Brief - April 7, 2004 |
|
| Employer Properly Disciplined "Whistleblower" for Poor Performance/After Eight Years Of Paid Disability Leave, Employee Sues For Disability Discrimination (And Wins, In Part)
more |
|
|
| 3/30/2004 |
Weekly Employment Brief - March 30, 2004 |
|
| Jury Must Decide Whether Employer Lawfully Refused To Re-Hire Recovering Addict/Saleswoman Facing "Glass Ceiling" Allowed To Pursue Constructive Discharge Claim
more |
|
|
| 3/23/2004 |
Weekly Employment Brief - March 23, 2004 |
|
| Plaintiff's Post-Termination Misconduct May Bar Reinstatement And Front Pay Award/Court Articulates Limits On Customer Non-Solicitation Clauses
more |
|
|
| 3/18/2004 |
Weekly Employment Brief - March 18, 2004 |
|
| Laid Off Employees Need Not Show Replacement By Younger Worker To Show Age Discrimination/Bad-Faith Harassment Complaints Cannot Support Title VII Retaliation Claims
more |
|
|
| 3/10/2004 |
Weekly Employment Brief - March 10, 2004 |
|
| Supervisor's Remarks Support Actionable Age and National Origin Discrimination Claims/When is an Alcoholic Employee "Disabled" Under the ADA? A Federal Court Provides Guidance
more |
|
|
| 3/3/2004 |
Weekly Employment Brief - March 3, 2004 |
|
| Favoring The Old Over The Young Not Prohibited By ADEA/New York Court Opens Door For Investor Liability Under WARN Act/Employer's Failure To Document Alleged Performance Problems Results In Section 132a Award For Terminated Employee
more |
|
|
| 2/23/2004 |
Weekly Employment Brief - February 23, 2004 |
|
| Employee Who Exposed Himself To Co-Worker And Engaged In Inappropriate Sexual Banter Did Not Engage In Unlawful Sexual Harassment/Court Holds That Wage/Hour Allegations Cannot Support RICO Cause Of Action
more |
|
|
| 2/11/2004 |
Weekly Employment Brief - February 11, 2004 |
|
| Subjective Hiring Criteria, Without More, Do Not Prove Age Discrimination/Framework For Determining Joint Employment Status Further Complicated By Federal Court's Recent Ruling
more |
|
|
| 2/5/2004 |
Weekly Employment Brief - February 5, 2004 |
|
| Telecommuting Not A Reasonable Accommodation Under ADA Where An Employee's Attendance At Work Is An Essential Job Function/Court Expands Permissible Damages for FLSA Retaliation/Affectionate Behavior From "Effusive" Boss Is Not Sexual Harassment
more |
|
|
| 1/27/2004 |
Weekly Employment Brief - January 27, 2004 |
|
| Denial of Lateral Transfer May Be Adverse Action/Federal Court Holds That Learning Disabilities and ADD Do Not Constitute Serious Health Conditions Under FMLA/Employee's Admitted Use of Marijuana Does Not Bar Her Harassment Claim
more |
|
|
| 1/15/2004 |
Weekly Employment Brief - January 15, 2004 |
|
| Employee's Termination for Posting Scriptures Condemning Gays did not Constitute Religious Discrimination/OK to Search Employee's E-Mail on Company Server/Newly Enacted Fair And Accurate Credit Transaction Act Simplifies Harassment Investigation Process
more |
|
|
| 12/16/2003 |
Weekly Employment Brief - December 16, 2003 |
|
| California Court Permits Company to Fire Supervisor for Dating Subordinate/Policy Against Rehiring Violators of Workplace Rules Can Be Legitimate Reason to Refuse to Rehire Former Employee Who Resigned After Positive Drug Test
more |
|
|
| 12/5/2003 |
Weekly Employment Brief - December 5, 2003 |
|
| Strict Liability Not As Strict: California Supreme Court Acknowledges Affirmative Defense To Damages For Employers In Sexual Harassment Cases/The Sky Is No Longer The Limit: California Appellate Court Applies Federal Due Process Limits To Slice California Punitive Damages Verdict
more |
|
|
| 11/19/2003 |
Weekly Employment Brief - November 19, 2003 |
|
| Employee May Not Be Terminated For Protected Political Speech Outside Workplace/"Isolated" Slurs About Latinos Did Not Amount To Hostile Environment/News Alert: Job Growth Sign Of Growing Economy
more |
|
|
| 11/10/2003 |
Weekly Employment Brief - November 10, 2003 |
|
| New California Statute Makes Employers Liable for Non-Employee Sexual Harassment of Workers/Compliments About Jewelry, Clothing and Hairstyle Do Not Amount to Sexual Harassment/Court Enforces Last-Chance Agreement with Employee Terminated for Substance Abuse
more |
|
|
| 10/27/2003 |
Weekly Employment Brief - October 27, 2003 |
|
| Governor Davis Signs Requiring Employers to Purchase Health Insurance for Employees/Court Rules That FMLA Rule Requires Three Consecutive Days of Incapacity/Sixth Circuit Holds Internal Leave Policies May Not Inhibit Requests For Unforeseen FMLA Leave
more |
|
|
| 10/17/2003 |
Weekly Employment Brief - October 17, 2003 |
|
| Worker Terminated for Shopping During Sick Day May Take FMLA Interference Claim to Trial/Employer's Threats Support Finding of Willfulness and Additional Year of Overtime Damages/Governor Davis Helps Businesses With Veto of Ban on Employment Arbitration
more |
|
|
| 10/8/2003 |
Weekly Employment Brief - October 8, 2003 |
|
| Terminated Employee Fails to Establish Employer Regarded Him as Disabled/Employer's Interference with Employee's FMLA Leave Likely Doubles Employee's Damages/Court Clarifies when Employer May Conduct Medical Examination to Assess Disabilities
more |
|
|
| 9/30/2003 |
Weekly Employment Brief - September 30, 2003 |
|
| FMLA Claim Stands, Despite Employee's Stated Intention Not to Return to Work/Court Ruling Emphasizes Importance of Good Evidence of "Essential Job Functions"/Air France Defeats FMLA Claim; Held Not To Be "Joint Employer" Over Contracted Services Workers
more |
|
|
| 9/23/2003 |
Weekly Employment Brief - September 23, 2003 |
|
| Employee overcomes dismissal of disability-based claims when court holds that eating constitutes major life activity/Sleep disorder sufferer who requires flexible schedule able to overcome summary judgment on retaliation and disability discrimination
more |
|
|
| 9/17/2003 |
Weekly Employment Brief - September 17, 2003 |
|
| Ninth Circuit Scrutinizes Facts to Revive Poorly Drafted Sexual Harassment Suit/Reorganization After Acquisition May Legitimate, Nondiscriminatory Reason for Termination/Punitive Damages, But Not Attorneys' Fees, Must be Included in Successful Plaintiff's Taxable Income
more |
|
|
| 9/9/2003 |
Weekly Employment Brief - September 9, 2003 |
|
| Submitting to Sexual Acts Under Explicit or Reasonably-Perceived Implicit Threat or Discharge in a "Tangible Employment Action" That Makes a Company Strictly Liable for Sexual Harassment Under title VII.
more |
|
|
| 8/28/2003 |
Special W.E.B. Alert: August 28, 2003 |
|
| Alert: Department of Labor Proposes New COBRA Notice Requirements/New Model Initial COBRA Notice
more |
|
|
| 8/21/2003 |
Weekly Employment Brief - August 21, 2003 |
|
| Individual Assessment Critical to Success of "Direct Threat" Defense/Second Circuit Allows Exonerated Harasser's Retaliation and Race Claims to Proceed/Court Finds Miscommunication, not Discrimination, in Pregnancy Lawsuit
more |
|
|
| 8/12/2003 |
Weekly Employment Brief - August 12, 2003 |
|
| Sales Manager Fails to Establish "Disability" Due to Workplace Stress/Labor Department Seeks Back Pay for Undocumented Workers/FMLA Claim Fails Because Company Decided to Replace Employee Before He Requested Leave
more |
|
|
| 8/4/2003 |
Weekly Employment Brief - August 4, 2003 |
|
| Ninth Circuit Strikes Another Blow to Employment Arbitration Agreements/UPS Settles Disabilities Class Action Brought by Deaf Employees
more |
|
|
| 7/25/2003 |
Weekly Employment Brief - July 25, 2003 |
|
| California Supreme Court rejects employer trespass claim against former employee for repeatedly sending e-mails to other employees/U.S. Supreme Court allows affirmative action to continue
more |
|
|
| 6/27/2003 |
Weekly Employment Brief - June 27, 2003 |
|
| Employer Not Liable for Harassment by Customer Sexual Harassment Within a Week of Notice of Harassment/Gay Plaintiffs One Step Closer to Successfully Suing under a "Stereotype" Theory under Title VII
more |
|
|
| 6/18/2003 |
Weekly Employment Brief - June 18, 2003 |
|
| Self-Defense To Workplace Brawl Not A Basis for Public Policy Claim/Employer Not Liable for Harassment by Customer/
more |
|
|
| 6/3/2003 |
Weekly Employment Brief - June 3, 2003 |
|
| Company's Decision to Eliminate "Deadwood" Insufficient to Prove 60-Year Old Executive's Age Discrimination Case/Blondes May Have More Fun, But They Are Not A Protected Group Under Title VII
more |
|
|
| 5/15/2003 |
Weekly Employment Brief - May 15, 2003 |
|
| Pregnancy Discrimination Claim Can Go Forward Because Of Dispute Over Validity Of Employer's Termination Rationale/Comments About Employee's Body Odor Do Not Establish Race or National Origin Discrimination
more |
|
|
| 5/6/2003 |
Weekly Employment Brief - May 6, 2003 |
|
| Supreme Court Provides Input As to the Meaning of "Employee" Under the ADA/Constructive Discharge Bars Employer's Affirmative Defense to Harassment Claim
more |
|
|
| 4/28/2003 |
Weekly Employment Brief - April 28, 2003 |
|
| United States Supreme Court Places Significant Due Process Limitations on Large Punitive Damage Awards/Employee May Not Pursue Claim For Wrongful Discharge In Violation Of Public Policy Without Exhausting Employer's Internal Administrative Remedies
more |
|
|
| 4/16/2003 |
Weekly Employment Brief - April 16, 2003 |
|
| California Appeals Court Holds Officers and Directors Are Not Personally Liable for Overtime Claims/No Duty To Accommodate A Non-Disabled Employee Regarded As Disabled
more |
|
|
| 3/31/2003 |
Weekly Employment Brief - March 31, 2003 |
|
| Request For Vacation To Visit Ailing Parents Not CFRA Leave Request/Arbitration Agreement Defeated By Employer Reserving Right To Equitable Relief In Court
more |
|
|
| 3/19/2003 |
Weekly Employment Brief - March 19, 2003 |
|
| California Appellate Court Upholds Injunction Prohibiting Former Employees From Destroying Stolen Electronic Information/Nine-Month Delay In Reporting Sexual Harassment No Bar To Title VII Suit
more |
|
|
| 3/4/2003 |
Weekly Employment Brief - March 4, 2003 |
|
| California Supreme Court: Arbitration Protections Apply to Non-Statutory Claims/Employer Liable for Conduct Reasonably Likely To Deter Protected Speech
more |
|
|
| 2/27/2003 |
Weekly Employment Brief - February 27, 2003 |
|
| Employer Liable For Retaliation Based On Employee's Protected Activity Prior To Employment/Employee May Sue For Retaliation Under The ADA Even If She Is Not Disabled/
more |
|
|
| 2/24/2003 |
Independent Contractors/Temporary Workers |
|
| Workers may be classified in one of two basic legal categories: employees or independent contractors.
more |
|
|
| 2/17/2003 |
Weekly Employment Brief - February 17, 2003 |
|
| Supervisor's Single Racial Slur Sufficient To Require Jury Trial of Race Harassment Case/Employee Terminated For Slapping A Groping Client Wins Retaliation Suit
more |
|
|
| 2/12/2003 |
Weekly Employment Brief - February 12, 2003 |
|
| Supreme Court to Review Whether Policy Against Rehiring Recovered Addicts Violates ADA/Second Circuit Revives Wrongful Termination Claim of Blind Employee Not Recalled After Reduction-in-Force
more |
|
|
| 2/10/2003 |
Weekly Employment Brief - February 10, 2003 |
|
| Court Says "Promoting Your Paramours" Not Gender Discrimination/Age Based Comments Provide Grounds For Discrimination Claim Even When Made By Another In The Same Age Group
more |
|
|
| 2/3/2003 |
Weekly Employment Brief - February 3, 2003 |
|
| Influential Subordinate Can Be "Decisionmaker" in Discrimination Case/Plan Exclusion of Surgical Infertility Procedures Held Gender-Neutral
more |
|
|
| 1/17/2003 |
Weekly Employment Brief - January 17, 2003 |
|
| CFRA "Leave" Does Not Include Exemption From Weekend And Overtime Work/Employee's Late Filings Not Excused Where Employer Provided Notice Of Deadlines
more |
|
|
| 12/9/2002 |
Weekly Employment Brief - December 9, 2002 |
|
| California Employers No Longer Must Reduce Labor Commissioner Awards to Zero To Avoid Paying Employees' Attorney's Fees On Appeal/Sudden End Of Relationship With Major Client Constitutes Unforeseeable Business Circumstances Under WARN Act
more |
|
|
| 12/3/2002 |
Weekly Employment Brief - December 3, 2002 |
|
| Employer Held Responsible For Unclear Offer Letter/ Bankruptcy Anti-Discrimination Law Does Not Protect Persons Prior To Filing/University of California Must Pay $2 Million For Retaliation
more |
|
|
| 11/25/2002 |
Weekly Employment Brief - November 25, 2002 |
|
| Labor Commissioner Allows Salary Deduction For Full-Week Shutdown, but Limits Forced Use of Vacation/FMLA Suit Results in $11.65 Million Verdict, Including $900,000 Against Supervisors
more |
|
|
| 11/18/2002 |
Weekly Employment Brief - November 18, 2002 |
|
| FAQs Regarding Military Leaves of Absence.
more |
|
|
| 11/5/2002 |
Weekly Employment Brief - November 5, 2002 |
|
| Employer Not Liable For Client's Sexual Harassment/ Inappropriate Jokes Do Not Constitute Protected Speech/Employees Must Meet Performance Standards to Claim Discrimination
more |
|
|
| 10/28/2002 |
Weekly Employment Brief - October 28, 2002 |
|
| Florida Court Holds Cyberspace Not Covered By ADA/Third Circuit Upholds Exclusion of EEOC Determination Letter/Waitress' Sexual Harassment Complaint Can Proceed Against Both the Mustard and the Fog
more |
|
|
| 10/22/2002 |
Weekly Employment Brief - October 22, 2002 |
|
| Ongoing Sexual Banter Not Sexual Harassment Under Title VII/"At-Will" Employment "Sufficiently Contractual" to Support Federal Discrimination Suit/DLSE Warns: Less Work Can't Mean Less Pay For Exempt Employees
more |
|
|
| 10/14/2002 |
Weekly Employment Brief - October 14, 2002 |
|
| Employer Improperly Reduced "Stay Bonus" Based on FMLA Leave/Extra Work and Heightened Scrutiny for Employee Who Complained of Discrimination May Constitute Retaliation/Jury Awards $8.5 Million Against Employer Who Lied to Other Employees About Reason for Employee's Termination
more |
|
|
| 10/7/2002 |
Weekly Employment Brief - October 7, 2003 |
|
| New Laws Make Employment Background Checks Easier/Ninth circuit Rules that "Adverse Employment Action" Requires An Objective Showing/Governor Vetoes Retaliation Law and Bill Restricting Use of Mandatory Arbitration
more |
|
|
| 9/30/2002 |
Weekly Employment Brief - September 30, 2002 |
|
| Title VII Allows Claims of Sexual Harassment Motivated by Sexual Orientation/Court Upholds Jury Verdict that Company Discriminated Against Disabled Employee during a Reorganization/Are Employees "Regarded as Disabled" Entitled to an Accommodation?
more |
|
|
| 9/24/2002 |
Weekly Employment Brief - September 24, 2002 |
|
| CALIFORNIA EMPLOYERS SOON TO BE SUBJECT TO NEW LAYOFF AND FAMILY LEAVE OBLIGATIONS!/California's New "WARN" Act/New Employer Obligations To Provide Paid Family Leave Time
more |
|
|
| 9/16/2002 |
Weekly Employment Brief - September 16, 2002 |
|
| URGENT UPDATE: California Court of Appeal Rejects Inevitable Disclosure Doctrine.
more |
|
|
| 9/12/2002 |
Trade Secrets Group Client Alert: Inevitable Disclosure is not the Law in California |
|
| Ending years of uncertainty about California trade secrets law, the California Court of Appeal, on September 12, 2002, issued a decision that clearly rejects the doctrine of inevitable disclosure as "contrary to California law and public policy," and strongly suggests that California employers protect their trade secrets with "enforceable" noncompetition agreements.
more |
|
|
| 9/9/2002 |
Weekly Employment Brief - September 9, 2002 |
|
| EMPLOYEE ARBITRATION AGREEMENTS - Mandatory Arbitration Agreements Held Enforceable/However, Compelled Arbitration Agreements May Soon Be Unlawful In California/Court Upholds Employer's Reduction Of Employee's Stock Options Based On Poor Performance
more |
|
|
| 9/3/2002 |
Weekly Employment Brief - September 3, 2002 |
|
| Employee's Request for "Family" Leave Insufficient to Trigger FMLA Protections/Inappropriate Sexual Comments and Gestures Are Not Hostile Work Environment/NASA Settles Failure To Promote Discrimination Class Action For $3.7 Million
more |
|
|
| 8/26/2002 |
Weekly Employment Brief - August 26, 2002 |
|
| Supervisor's Actions "At Best Inappropriate, At Worst Cruel," But Not Sexual Harassment/$21 Million Verdict Upheld in Sexual Harassment Case/Pregnancy Discrimination: Key Factors is When Decision is Made, not When Termination is Carried Out
more |
|
|
| 8/19/2002 |
Weekly Employment Brief - August 19, 2002 |
|
| Ninth Circuit Reverses Leading California Wage/Hour Case/Court Considers Employees of Foreign Affiliate to Determine if U.S. Company Meets Title VII Size Threshold
more |
|
|
| 8/12/2002 |
Weekly Employment Brief - August 12, 2002 |
|
| Sales Manager Fails to Establish "Disability" Due to Workplace Stress/Labor Department Seeks Back Pay for Undocumented Workers/FMLA Claim Fails Because Company Decided to Replace Employee Before He Requested Leave
more |
|
|
| 8/5/2002 |
Weekly Employment Brief - August 5, 2002 |
|
| En Banc Ninth Circuit Expands Availability of "Mixed-Motive" Test/Requiring Employee to Drive 100 Miles to Work Not an Adverse Action/Harasser's Continued Presence in the Workplace Can Be a Continuing Violation
more |
|
|
| 7/29/2002 |
Weekly Employment Brief - July 29, 2002 |
|
| No Religious Discrimination Unless Decision-Maker Knows Applicant's Religion/Unlawful to Deny Accommodation Request for Fear of Potential Violation of Seniority System/Arbitration Agreement That Applies to Likely Employee Claims Held Unenforceable
more |
|
|
| 7/22/2002 |
Weekly Employment Brief - July 22, 2002 |
|
| Theft Of Trade Secrets May Trigger Automatic Jail Time/Employee Terminated For Discussing Bonus With Coworkers States A Claim For Wrongful Termination In Violation of Public Policy
more |
|
|
| 7/15/2002 |
Weekly Employment Brief - July 15, 2002 |
|
| Individual Supervisor May Be Liable For Retaliation/Former Employee Prohibited From Contacting Coworkers Because Of Threats/Employer May Be Liable For Insurance Company's Failure To Provide COBRA Notice
more |
|
|
| 7/8/2002 |
Weekly Employment Brief - July 8, 2002 |
|
| This Special Edition of the Fenwick & West LLP W.E.B. Update is designed to help employers comply with both anti-terrorism export control and national-origin discrimination laws.
more |
|
|
| 7/1/2002 |
Weekly Employment Brief - July 1, 2002 |
|
| U.S. Supreme Court Does Not Disturb Ruling that Gives Nonunion Employees the Right to Have Coworker Present at Investigatory Interviews/ California Supreme Court Holds that FEHA Does Not Prevent Age Bias in Provision of Benefits
more |
|
|
| 6/24/2002 |
Weekly Employment Brief - June 24, 2002 |
|
| Policy Against Rehiring Employees May Be Unlawful Under ADA When Applied to Recovered Addicts/Failure to Interview Older Employee May Raise Specter of Discrimination
more |
|
|
| 6/17/2002 |
Weekly Employment Brief - June 17, 2002 |
|
| U.S. Supreme Court Holds That ADA Does Not Entitle Disabled Individuals To Jobs That Endanger Their Own Health/U.S. Supreme Court Strikes Down Continuing Violation Doctrine For Discrimination And Retaliation But Not For Hostile Work Environment Claims
more |
|
|
| 6/10/2002 |
Weekly Employment Brief - June 10, 2002 |
|
| News Alert: U.S. Supreme Court Allows Employers to Consider Job Danger to Applicant's Health in Refusing to Hire a Disabled Individual/HIV-Infected Dental Hygienist Ruled to be a "Direct Health Threat" to Patients: No ADA Protection
more |
|
|
| 6/3/2002 |
Weekly Employment Brief - June 3, 2002 |
|
| Supreme Court Lets Stand Rejection of Employer's Defense In Co-Worker Harassment Case/Class Certification Denied, But Individual Plaintiffs May Proceed On Implied Contract Claims/Employer Fails to Establish Administrative Exemption
more |
|
|
| 5/29/2002 |
Weekly Employment Brief - May 29, 2002 |
|
| Workers' Vacation Time May Count Toward FMLA Eligibility/California Supreme Court Allows Catholic Health Clinic to Prohibit An Employee's Religious Proselytizing/Tyson Indicted For Conspiracy to Hire Illegal Aliens
more |
|
|
| 5/20/2002 |
Weekly Employment Brief - May 20, 2002 |
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| California Supreme Court To Decide Whether Protection Against Age Discrimination Includes Worker Benefits/Hearing-Impaired Driver May Pursue ADA Suit for Failure to Accommodate/Federal Court Strictly Enforces FMLA Eligibility Requirements
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| 5/13/2002 |
Weekly Employment Brief - May 13, 2002 |
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| Company's Failure to Take Reasonable Steps to Protect Trade Secrets Defeats Claim of Misappropriation by Former Employees/Fifty-Year Old Laid-Off Employee Will Proceed to Jury Trial on Age Discrimination Claim Based on Recruiter's Comments and Replacement by Younger Person
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| 5/6/2002 |
Weekly Employment Brief - May 6, 2002 |
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| U.S. Supreme Court Holds that Established Seniority Rules Ordinarily Trump the ADA/Federal Court Narrows Privilege Exception to Freedom of Information Act
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| 4/29/2002 |
Weekly Employment Brief - April 29, 2002 |
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| Court Rejects Class Action by Store Assistant Managers Bringing Overtime Claim/Layoff of Employee on Family Leave Allowed/No Public Policy Violation where Hospital Fired Nurse for Refusal to Drop Lawsuit Against Patient
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| 4/22/2002 |
Weekly Employment Brief - April 22, 2002 |
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| Release Of WARN Claims Must Allow A Reasonable Time to Consider Whether to Sign — Or It May Be Involuntary/California Jury Awards $30 Million in Sexual Harassment Suit Against Grocery Chain for Failure to Investigate
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| 4/15/2002 |
Weekly Employment Brief - April 15, 2002 |
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| Injured Employee May Sue Employer for Failure to Accommodate/Third Circuit Expands ADA to Cover Retaliation Claims by Third Parties/Employer's Failure to Object to Employee's Unilateral Modification of Offer Letter May Constitute Acceptance of the Change
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| 4/10/2002 |
Important Information Regarding New Proposed SEC Rules |
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| On Thursday, April 11, the SEC will issue proposed rules relating to new disclosure obligations for public companies.
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| 3/25/2002 |
Weekly Employment Brief - March 25, 2002 |
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| U.S. Supreme Court Invalidates FMLA Regulation That Penalized Employers For Failing To Give Notice/Employer Cannot Require Doctor's Certification after Every Sick Leave
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| 3/15/2002 |
Weekly Employment Brief - March 15, 2002 |
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| U.S. Supreme Court Considers ADA Defense Based On Direct Threat To Self/"Computer Use" Policy Key To Defense Of Wrongful Discharge Lawsuit/Louisiana State Court Awards 18 Years Of Front-Pay for FMLA Violation
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| 3/8/2002 |
Weekly Employment Brief - March 8, 2002 |
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| New California Law Restricts Use Of Social Security Numbers/Unanimous Supreme Court Decision Makes It Easier For Plaintiffs To Maintain Complaints Of Discrimination/Employer Not Liable For Death Of Independent Contractor's Employee
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| 2/18/2002 |
Weekly Employment Brief - February 18, 2002 |
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| ALERT: New California Law Adds More Disclosure Requirements to Background Checks on Employees and Job Applicants.
more |
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| 2/11/2002 |
Weekly Employment Brief - February 11, 2002 |
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| Alert: New California Law Affects In-House Investigative Consumer Reports/Court Finds Circuit City's Arbitration Agreement Too Lopsided To Enforce/Federal Court Raises The Bar For Pregnancy Discrimination Claims
more |
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| 2/4/2002 |
Weekly Employment Brief - February 4, 2002 |
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| Be Express About At-Will Employment - Otherwise You Might Get Stuck With More Than You Can Handle/Watch What You Listen To - Court Limits Recording Of Business And Personal Calls/Employer Must Pay Employees For Time Spent Getting Dressed
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| 1/29/2002 |
U.S. Supreme Court Rulings Limit ADA's Scope |
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| After losing a string of disability rights cases in the U.S. Supreme Court in the past three years, disability activists are wondering whether it's time to turn to Congress for help.
more |
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| 1/28/2002 |
Weekly Employment Brief - January 28, 2002 |
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| Unnecessary Military Joy Ride Still Protected Activity Under Uniformed Services Employment and Reemployment Rights Act/Employer Saved By Workers' Compensation: California Court Holds Workers' Compensation To Off-Duty Employee/Watch Your Minor Employees Or The State Will
more |
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| 1/21/2002 |
Weekly Employment Brief - January 21, 2002 |
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| Arbitration Agreements Can't Stop The EEOC/Get Out Your Wallets to Pay Increased Minimum Wage/Long Workweeks Can Be An Essential Function Of An Engineer's Job So As Not to Require Reduced Hours As An Accommodation
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| 1/14/2002 |
Weekly Employment Brief - January 14, 2002 |
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| Most Carpal Tunnel Syndrome May Get Crossed Off the List of ADA Disabilities/Nobody Has to Die First/Punishing Employers for Failing to Give FMLA Notice Comes Under U.S. Supreme Court Review
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| 1/7/2002 |
Weekly Employment Brief - January 7, 2002 |
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| I'd Like A New Boss, Please: Employees Not Entitled To New Supervisor as Reasonable Accommodation/Back On The Hook: Court Overturns Summary Judgment Against Time Warner For African American Employees Fired During Workplace Reduction
more |
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| 12/17/2001 |
Weekly Employment Brief - December 17, 2001 |
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| Backlash Discrimination After September 11 - World War II Revisited?/Hiring Illegal Alien Janitors - Behavior Worthy of John Gotti
more |
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| 12/10/2001 |
Weekly Employment Brief - December 10, 2001 |
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| Cat Got Your . . . Dog?!?/"Walking Timebomb:" A Rare Direct Threat Disability Case
more |
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| 12/3/2001 |
Weekly Employment Brief - December 3, 2001 |
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| Anthrax: OSHA's Risk Reduction Matrix/Non-Compete Agreements: Another One Bites the Dust
more |
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| 11/19/2001 |
Weekly Employment Brief - November 19, 2001 |
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| Paying for Chat Room Volunteers/Taxes, Speak Now or Forever Hold Your Peace
more |
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| 11/12/2001 |
Weekly Employment Brief - November 12, 2001 |
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| Reversal of Fortune/Employer Allowed to Search Computer Without Employee's Knowledge
more |
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| 11/5/2001 |
Weekly Employment Brief - November 5, 2001 |
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| Employers Need To Update "Old" Arbitration Agreements/Californians Challenge AOL's Use Unpaid Volunteers And Claim Employee Status
more |
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| 10/29/2001 |
Weekly Employment Brief - October 29, 2001 |
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| U.S. Supreme Court to Review The Scope of the ADA's "Direct Threat" Defense.
more |
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| 10/22/2001 |
Weekly Employment Brief - October 22, 2001 |
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| New California Law Requires Employers To Reasonably Accommodate Breastfeeding.
more |
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| 10/15/2001 |
Weekly Employment Brief - October 15, 2001 |
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| Suspensions without Pay Rendered Employees Non-exempt and Entitled to Overtime Pay.
more |
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| 10/8/2001 |
Weekly Employment Brief - October 8, 2001 |
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| EEOC Chair Urges Workplace Tolerance In Face Of Terrorist Attacks/Employee Nurse Better Off As A Patient
more |
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| 10/1/2001 |
Weekly Employment Brief - October 1, 2001 |
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| Plaintiff's Prior Work As A Call Girl Held Inadmissible Evidence/Journalist's Limitations in Typing and Writing are not Limiting Under ADA, but May Be Under FEHA
more |
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| 9/24/2001 |
Weekly Employment Brief - September 24, 2001 |
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| Court Enforces San Francisco Ordinance Requiring Airlines To Provide Equal Benefits To Domestic Partners.
more |
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| 9/17/2001 |
Weekly Employment Brief - September 17, 2001 |
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| Frequently Asked Questions Regarding Military Leave Policies for Employees.
more |
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| 9/10/2001 |
Weekly Employment Brief - September 10, 2001 |
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| Employers Cannot Transfer A Whistleblower To Prevent Conflicts With Other Workers.
more |
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| 8/27/2001 |
Weekly Employment Brief - August 27, 2001 |
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| Continuing Violations Extend Limits Of California Discrimination Law/College Athletic Trainer's Lawsuit May be a Slam Dunk
more |
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| 8/20/2001 |
Weekly Employment Brief - August 20, 2001 |
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| Court Does Not Find Hostile Work Environment at New York Metropolitan Opera.
more |
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| 8/13/2001 |
Weekly Employment Brief - August 13, 2001 |
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| An Employer Must Specify The Manner In Which It Calculates Family Leave/Employers Can Limit Time Employees Have To Bring Suits After Leaving Company
more |
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| 8/6/2001 |
Weekly Employment Brief - August 6, 2001 |
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