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| 12/10/2008 |
Fenwick Employment Brief - December 10, 2008 |
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| In current economic times, more and more companies are turning to "reductions in force" or "RIFs." While RIFs can provide both short and long-term economic benefits, they are also among the most difficult events an attorney or human resources professional must oversee because of the emotional and economic impact they will have on employees...more |
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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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| 2007 Employment Briefs and Alerts |
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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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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