Fenwick Employment Brief - November 2012
In This Issue: - Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement - California Employers Allowed To Round...
View ArticleFenwick Employment Brief - March 2013
In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...
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 - November 2013
Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take...
View ArticleFlurry of New California Employment Statutes Continues
The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....By: Allen M. Kato
View ArticleCalifornia Courts Continue to Rule in Favor of Arbitration
California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims - In 2011, the California Supreme...
View ArticleCompany not required to reinstate temporary employee after FMLA leave of...
In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to reinstate a temporary employee returning from...
View ArticleCompany allowed to pursue suit against former employee for unfair competition...
In Angelica Textile Services, Inc. v. Park, a California court of appeal considered the issue whether Angelica’s common-law claims for breach of contract, unfair competition, and interference with...
View ArticleReturning military reservist allowed to invoke USERRA “escalator principle”...
The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran’s claim that Pfizer violated the “escalator principle” that is a unique element of the federal...
View ArticleEmployee’s criminal conviction affirmed for denying employer’s access to its...
A California court of appeal affirmed a criminal conviction of a former employee in The People v. Childs arising out of the employee denying his employer’s access to its own computer systems. Terry...
View Article
More Pages to Explore .....