Fenwick Employment Brief - December 2012
In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action Waivers In...
View ArticleFenwick Employment Brief - February 2013
In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And...
View ArticleFenwick Employment Brief - April 2013
In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected...
View ArticleFenwick Employment Brief: California Court Addresses Admissibility Of "Me...
In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected...
View ArticleFenwick Employment Brief: Employee Social Media Account Ownership Still...
Who owns an employee's social media account when it is used to promote the employer's business? This is a hot-button topic and developing area of employment law, and a Pennsylvania federal court...
View ArticleFenwick Employment Brief: Verbal Disclosure Of Private Facts Actionable
A California appellate court expanded the basis for a public disclosure of private facts claim in Ignat v. Yum! Brands, Inc....By: Daniel J. McCoy
View ArticleFenwick Employment Brief: Employee Asked To Wear French Maid's Costume Not...
In Westendorf v. West Coast Contractors of Nevada, Inc., the Ninth Circuit upheld the dismissal of a sexual harassment complaint, despite offensive comments made by plaintiff's supervisor and...
View ArticleFenwick Employment Brief - May 2013
The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held...
View ArticleFenwick Employment Brief - May 2013: NLRB Posting Rule Held Unconstitutional
The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held...
View ArticleFenwick Employment Brief - May 2013: Substantive Fairness Overcomes Elements...
In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and...
View ArticleFenwick Employment Brief - May 2013: Unreimbursed Expense May Result in...
In Sanchez v. Aerogroup, the plaintiff alleged that as a condition of her employment she was required to purchase at least eight pairs of shoes from her employer without reimbursement. She asserted...
View ArticleFenwick Employment Brief - May 2013: Software Programmer Criminally Charged...
The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in...
View ArticleFenwick Employment Brief - July 2013
In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State University ruled that employers are strictly liable for harassment by a supervisor where the supervisor is empowered...
View ArticleFenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several...
Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates - In a favorable decision for employers, the U.S. Supreme Court in...
View ArticleFenwick Employment Brief - July 2013: Employee Claiming Retaliation Must Meet...
In another favorable ruling for employers, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar clarified that employees must satisfy a higher “but for” standard of proof to...
View ArticleFenwick Employment Brief - July 2013: Waiver of Class Action Remedy Enforced...
In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American Express (“AMEX”) arbitration agreement despite a...
View ArticleFenwick Employment Brief - July 2013: DOMA and Prop 8 Rulings Clear the Way...
In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only...
View ArticleFenwick Employment Brief - October 2013
In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile...
View Article[Video] : Is an Honor Vacation Policy Right for My Company?
Companies in California and across the United States are moving away from traditional vacation accrual policies to unlimited vacation policies, or honor vacation policies. What is an honor vacation...
View ArticleEmployer Liable for Disregarding Complaints About Soiled Toilet, Porn, and...
In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile...
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