Click here to receive regular updates via e-mail.

"The Supreme Court Fuels More Retaliation Claims: What You Can Do To Protect Your Company," presented to the California Employment Law Council, November 16, 2006

"Retention of Electronic Documents: What Are Your Obligations?" presented to The Labor and Employment Law Advanced Practices Symposium, October 12, 2006

"Rights of Employers and Employees In The World of Blogs" presented to The Labor and Employment Law Advanced Practices Symposium, November 11, 2005

"Legal Update: Electronic Communications, Blogs and Privacy Issues," presented to the California Employment Law Council, November 10, 2005

"Blowing the Whistle on Bogus Whistleblowers: Strategies for Avoiding Liability and Managing for High Performance", presented at the Quarterly Briefing For the California Employment Law Council, May 7, 2004

"Applying An Old Statute To New Technologies In The Workplace: An Employer Perspective Of The Issues," presented to the Labor and Employment Law Section of the Bar Association of San Francisco, February 22, 2004; and published in the California Labor & Employment Law Review, June 2004

"Update On Key Legal Developments In Disability Law," presented to the California Employment Law Council, November 13, 2003

"Cutting Edge Employment Litigation Developments—Class Action Lawsuits Continue To Explode," presented to the MLER 2003 Advanced Employment Issues Symposium, November 7, 2003

"Scandalous Lessons for Employment Lawyers: The Post-Enron Impact on Whistleblower Suits and Document Retention Policies," California Employment Law Reporter, April 2002

"The Aftermath of September 11," BNA, Inc. Analysis & Perspective, Privacy & Security Law Report ISSN 1538-3423, February 25, 2002

"Drug Testing Strategies for California Employers," The California Labor Letter, July 1997

"Compassionate Use Marijuana Law May Effect Employers' Testing Policies," Employment Testing Law and Policy Reporter, April 1997

"Lifestyle Discrimination: An Emerging Frontier for Employment Litigation in the 90's," California Employment Law Reporter, April 1993

When an Employee Has AIDS, Executive Enterprises, 1989, 2nd Edition

"Privacy In The Workplace: Balancing Employee Rights With The Employer's Need To Know," California Business Law Reporter, Vol. VII, No. 6, March 1986

Victor Schachter, Co-Editor and Contributing Author: Employment Practices For The Professional Firm, "Wrongful Discharge And Its Impact Upon Professional Firms," Executive Enterprises 1985, 1st Edition

Out of Sight, Out of Mind, Into Court, January 19, 2007. Much has been written in recent years about the benefits and pitfalls associated with employee telecommuting arrangements.

What Employers Should Know and Do About Blogs, October 1, 2005. With the proliferation of weblogs or "blogs," companies find themselves faced with a new forum for employee conduct that poses both risks and rewards.

For more information please contact Victor Schachter or Dan McCoy.

4/11/2008	Fenwick Employment Brief - April 11, 2008
	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
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
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
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

12/10/2007	Fenwick Employment Brief - December 10, 2007
	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
11/20/2007	Fenwick Employment Brief - November 20, 2007
	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
10/8/2007	Fenwick Employment Brief - October 8, 2007
	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
9/10/2007	Fenwick Employment Brief - September 10, 2007
	The California Supreme Court has provided guidance regarding the enforceability of a ban on class actions in employment arbitration agreements. more
7/10/2007	Fenwick Employment Brief - July 10, 2007
	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
6/18/2007	Fenwick Employment Brief - June 18, 2007
	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
5/9/2007	Fenwick Employment Brief - May 9, 2007
	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
4/17/2007	Employment Law Alert: Payment for Missed Meal and Rest Periods Is a "Wage" Subject to Three-Year Statute of Limitations
	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
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
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
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
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

	back to top