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Searching Content indexed under Employment Litigation/ Tribunals by Fenwick & West LLP ordered by Published Date Descending.
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1
Is My New Hire an Employee Or A Contractor? Key Factors For Startups To Consider (Video)
Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video
United States
3 Sep 2019
2
Grubhub Prevails In Driver Classification Case, Ruling Offers Insights For On-Demand Economy
In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor.
United States
27 Feb 2018
3
No FEHA Violation For Refusing To Rescind Resignation Of Disabled Employee
In Featherstone v. Southern California Permanente Medical Group, a California appellate court dismissed claims by a disabled employee asserting wrongful termination and disability discrimination...
United States
24 Aug 2017
4
Fenwick Employment Brief - Winter 2017 Update
In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond.
United States
24 Jan 2017
5
Employment Alert: Federal Court Halts Implementation Of New Overtime Rules
On November 22, 2016, a federal district court in Texas preliminarily enjoined the DOL from enforcing portions of its rule increasing the federal minimum salary for exempt executive...
United States
30 Nov 2016
6
Employment Alert: Ninth Circuit Nixes Employee Class And Collective Action Waivers, Calling Into Question Future Viability Of Employment Arbitration
Mandatory employment arbitration agreements suffered a significant blow last week, when the Ninth Circuit found illegal and unenforceable a class and collective action waiver requiring employees to arbitrate their claims individually.
United States
6 Sep 2016
7
Fact Investigation Conducted By Outside Counsel Privileged Despite No Legal Advice Provided
Employers should carefully consider how they handle investigations by outside counsel and non-attorneys in light of a California appellate court decision in City of Petaluma v. the Superior Court of Sonoma County.
United States
9 Aug 2016
8
Increasing Disapproval Of Non-Competes At Federal Level
Although non-competes outside of California are typically enforceable (subject to each state's laws), the White House issued a report this summer discussing what it believes to be misuse of non-competes
United States
9 Aug 2016
9
Proposed Rule Would Require Addition Of Pay Data To Annual EEO-1 Reports
The Equal Employment Opportunity Commission ("EEOC") proposed a rule in February of this year that EEO-1 reports must include employee W-2 earnings and hours worked broken down by gender and race/ethnicity and across 12 pay bands starting from the EEO-1 reports due on September 30, 2017.
United States
9 Aug 2016
10
New FEHA Regulations Impose Additional Policy And Training Requirements On Employers
Employers should review their applicable policies and training practices for compliance with new California Fair Employment and Housing Act regulations that went into effect this year.
United States
8 Aug 2016
11
New York State Paid Family Leave Law Enacted And Effective In 2018
In addition to San Francisco, employers with New York operations should begin thinking about their parental leave policies in light of a new law providing up to twelve weeks of partially paid family leave.
United States
8 Aug 2016
12
San Francisco Employers Must Provide Paid Parental Leave To Employees
San Francisco employers with twenty or more employees should review their parental leave policies in light of the new city ordinance.
United States
8 Aug 2016
13
U.S. Supreme Court Supports Validity Of Class-Action Waivers In Arbitration Agreements
On December 14th, the United States Supreme Court ruled in DirecTV v. Imburgia, in a 6-3 decision, that California consumers can be bound by the satellite-TV provider's mandatory arbitration clause, which includes a class action waiver.
United States
24 Dec 2015
14
Taking Too Long To Accommodate Disabled Employee Can Be Fatal To Summary Judgment
The Court was unpersuaded by IBM's argument that the "routine processing" of an accommodation by a large corporation will take some time, and concluded that a jury must assess the lawfulness of IBM's actions.
United States
24 Dec 2015
15
Court Upholds Use Of Class Member Contact Info To Solicit Clients
After a former Best Buy employee filed a putative class action alleging misclassification of store managers as exempt, his attorney collected contact information for all putative class members...
United States
23 Dec 2015
16
Ninth Circuit Sides With EEOC's Demand For Employee Contact Information
Damiana Ochoa filed a charge with the EEOC for pregnancy discrimination against McLane Company, for whom she worked at a subsidiary as a cigarette selector.
United States
23 Dec 2015
17
Bag Checks For Apple Employees Not Compensable Time
Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for time spent on bag checks at the end of shifts.
United States
23 Dec 2015
18
EEOC Focuses On Transgender Rights
Employers are required by law to reasonably accommodate transgender employees, including as to their dress and appearance, as well as bathroom usage, among other issues.
United States
27 Oct 2015
19
DOL Reaches $18 Million Settlement With Haliburton For Employee Misclassification
Both employee and contractor misclassification are hot button issues for the DOL and state agencies.
United States
27 Oct 2015
20
Chipotle Sued In Class Action For FCRA Violations
The named plaintiff in the action alleged that Chipotle placed the FCRA disclosure in the employment application and surrounded it with distracting language.
United States
27 Oct 2015
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