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12/4/2006	Fenwick Employment Brief - December 4, 2006
	The recent settlement of class action overtime lawsuits against IBM and Siebel confirm that the plaintiffs' bar has its sights set on the technology industry, with an aggressive attack on the historical treatment of most engineers and other technology workers as exempt from overtime compensation. more
11/6/2006	Fenwick Employment Brief - November 6, 2006
	On October 10, 2006, the Ninth Circuit Court of Appeals held that a disabled employee need not prove he was a "qualified" individual to demonstrate disability discrimination. more
10/17/2006	Fenwick Employment Brief - October 17, 2006
	A California appellate court decision, Edwards v. Arthur Andersen, previously reported in the September 1, 2006, Fenwick Employment Alert, has stirred considerable debate within the employment law community about the enforceability of broad general release and covenant-not-to-sue provisions. more
9/25/2006	Fenwick Employment Brief - September 25, 2006
	In Strategix v. Infocrossing West, Inc., the court held that a nonsolicitation covenant prohibiting the seller of a business from soliciting all of the purchaser's employees and customers was overbroad and unenforceable. more
9/6/2006	Fenwick Employment Brief - September 6, 2006
	A recent decision by the Ninth Circuit emphasizes the importance of putting employees on notice that their computer and internet activity may be monitored. more
9/1/2006	Employment Law Alert - September 1, 2006
	A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce non-competes against California employees where the restraint excludes an employee from a narrow portion of his or her profession. more
8/17/2006	Fenwick Employment Brief - August 17, 2006
	The California Supreme Court recently concluded that the "at will" doctrine is alive and well in California. more
7/26/2006	Fenwick Employment Brief - July 26, 2006
	In an unfavorable decision for employers, the U.S. Supreme Court held that adverse actions which do not cause tangible economic harm to employees may nevertheless constitute retaliation in violation of Title VII. more
6/12/2006	Fenwick Employment Brief - June 12, 2006
	In Estee Lauder Co. v. Batra, a federal district court judge in New York granted a preliminary injunction against a former Estee Lauder senior executive who allegedly breached his noncompete agreement by taking a job with a rival cosmetics maker. more
5/10/2006	Fenwick Employment Brief - May 10, 2006
	The California Supreme Court recently issued a unanimous decision holding that three writers for the sitcom "Friends" did not sexually harass their former assistant, even though the assistant was exposed to coarse sexual humor during brainstorming sessions in which potential... more
3/29/2006	USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too
	When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue. more
3/27/2006	Fenwick Employment Brief - March 27, 2006
	In August 2005, we reported on the California Supreme Court's ruling in Reynolds v. Bement, where the court held that corporate officers and directors were not personally liable under state wage/hour laws for overtime obligations. more
3/9/2006	Fenwick Employment Brief - March 9, 2006
	The U.S. Supreme Court recently held that a manager's occasional use of the word "boy" to refer to African-American employees may constitute sufficient evidence of race discrimination. more
2/23/2006	Fenwick Employment Brief - February 23, 2006
	On appeal, a Virginia federal judge recently refused to enforce a Labor Department administrative law judge's order reinstating the first plaintiff to bring a successful claim under the Sarbanes-Oxley Act's whistleblower protections. more
2/8/2006	Fenwick Employment Brief - February 8, 2006
	In recent weeks, three separate California courts of appeal have weighed in on the question of whether the one hour of pay to which an employee is entitled when he or she is denied a meal period constitutes a wage payment or a penalty. more
11/29/2005	Fenwick Employment Brief - November 29, 2005
	The California Court of Appeal recently ruled that, although an employer may ordinarily refuse to communicate through an employee's attorney during the interactive process to reasonably accommodate an employee's disability, in some limited circumstances the employer may need to communicate with an employee's attorney. more
11/22/2005	Fenwick Employment Brief - November 22, 2005
	The U.S. Supreme Court held in IBP v. Alvarez that, under the federal Fair Labor Standards Act, an employee’s work time at a meat packing plant included time spent walking to an employee’s workstation after changing into protective gear. more
10/27/2005	Fenwick Employment Brief - October 27, 2005
	The decision by a 3-judge panel of the Fourth Circuit Court of Appeals that FMLA releases must be approved by a court or the federal Department of Labor more
10/1/2005	What Employers Should Know and Do About Blogs
	With the proliferation of weblogs or "blogs," companies find themselves faced with a new forum for employee conduct that poses both risks and rewards. more
9/26/2005	Fenwick Employment Brief - September 26, 2005
	The California Supreme Court recently held that an employee’s refusal to follow a supervisor’s order that the employee reasonably believes is discriminatory— even absent a formal complaint—is a protected activity under the California Fair Employment and Housing Act (FEHA) that can serve as the basis for a retaliation claim. more
9/19/2005	Executive Compensation and Benefits Update - Now We Are Making Sense — Revised Grant Date Rulesfor Options
	At a meeting earlier this year, the Financial Accounting Standards Board (“FASB”) announced that, pursuant to FAS Statement 123(R), the grant date of an option would not occur until the employee had been notified of the material terms of the option grant. more
8/18/2005	Executive Compensation and Benefits Update - New Accounting Valuation Rules for Option Grants—Definition of Grant Date
	Under FAS Statement 123(R) options granted to employees are valued based on their fair value as of the "grant date" of the option. more
8/12/2005	Fenwick Employment Law Alert - California Supreme Court Rules that Officers and Directors are not Personally Liable in Overtime Cases
	In an important victory for California officers, directors and managers, on August 11, 2005, the California Supreme Court held such individuals are not personally liable to employees for unpaid overtime. more
8/8/2005	Fenwick Employment Brief - August 8, 2005
	Relations With Subordinates May Create Hostile Environment / Discrimination in Attempting to "Westernize" Employee's Name / Failure to Stop Customer Harassment / $20 Million Verdict in Age Bias Case / 401(k) Documentation / Mandatory Harassment Training more
7/25/2005	Fenwick Employment Brief - July 25, 2005
	California Court Authorizes Partial-day PTO Deductions for Exempt Workers more
7/20/2005	Fenwick Employment Brief - July 20, 2005
	Vertigo Not a Disability under ADA/ Same-actor Inference Defeats National Origin Discrimination Claim/ Lack of Notice Defeats FMLA Claim/ Independent Contractor May State Unruh Act Discrimination Claim/ Meal or Rest Period Violations Penalty Clarified more
7/12/2005	Fenwick Employment Brief - July 12, 2005
	Labor Commissioner Reconsiders Position on Partial Day Vacation Deductions / Criticisms of Employee's Performance do not Support FEHA Claim / NLRB Strikes Down Handbook Provision Limiting Employee Complaints / Employer's Failure to Post Notice May Excuse Late EEOC Filing / Abercrombie & Fitch Agrees to Settle Class Action more
6/22/2005	Fenwick Employment Brief - June 22, 2005
	Employer's Use of "Personality" Test Violated ADA/ Decision Highlights Risk of Using E-Mail to Distribute Important Personnel Policies/ Ninth Circuit Will Reconsider Casino's Requirement that Women Bartenders Wear Makeup/ Hospital Settles Wage/Hour Class Action for $4.75 Million more
4/26/2005	Fenwick Employment Brief - April 26, 2005
	California Issues Newly Revised Meal Break Rules/ No Strict Liability Under FMLA For Employee Engaged In Disruptive Workplace Behavior/ Employer Liable For Discharging Returning Veteran/ San Jose Jury Awards Over $2 Million In Co-worker Sex Harassment Case more
4/14/2005	Fenwick Employment Brief - April 14, 2005
	U.S. Supreme Court Allows Disparate Impact Theory in Age Discrimination Cases/Employers May Not Require Medical Examination Before Making "Real" Job Offermore
3/2/2005	Fenwick Employment Brief - March 2, 2005
	Employer Lawfully Recovered Unearned Commission Advances/Employer's Stray Remarks about Age Enable Older Worker to Proceed to Trial on Discrimination Claim more
1/10/2005	Fenwick Employment Brief - January 10, 2005
	Ninth Circuit Permits Requirement that Women Bartenders Wear Makeup/Indefinite Leave of Absence Not A Reasonable Accommodation When Employee Unlikely to Return Within Reasonable Time/ more
12/15/2004	Fenwick Employment Brief - December 15, 2004
	Employees Who Resign from At-Will Employment May Recover Damages for Unfulfilled Promise of Future Employment/Employer Not Liable for "Equal Opportunity" Abuser/ more
12/6/2004	Fenwick Employment Brief - December 6, 2004
	No Personal Liability for Co-Worker Harassment Committed Before 2001 Amendment/Conduct That Ridicules Both Sexes May Still Create a Hostile Work Environment/ more
11/16/2004	Fenwick Employment Brief - November 16, 2004
	Alert: Voters Curtail Plaintiffs' Lawyers' Ability to Launch Class Actions Against Business/Employers Hit with $650,000 and $1.8 Million Verdicts for Wrongful Termination/ more
10/26/2004	Fenwick Employment Brief - October 26, 2004
	Disparate Impact Claim Fails Even Though Reorganization Primarily Displaced Workers in Protected Classes/Insubordination Triggered by Employer's Own Unlawful Conduct Cannot Justify Adverse Employment Action/ more
10/11/2004	Fenwick Employment Brief - October 11, 2004
	Fabrication Plant Workers Entitled to Wages for Donning and Doffing Clean Room Uniforms. more
9/27/2004	Fenwick Employment Brief - September 27, 2004
	Discrimination Claims Not Released by Standard Form Workers' Compensation Release Agreement/Alleged Acts of Harassment Occurring Outside of the Actionable Time Period May Be Knitted Together with More Recent Incidents to Support Hostile Environment Claim/ more
9/8/2004	Fenwick Employment Brief - September 8, 2004
	California Supreme Court Lowers the Bar for Wage and Hour Class Actions/Interference With At-Will Employment Requires Independently Wrongful Actions/ more
8/30/2004	Fenwick Employment Brief - August 30, 2004
	California Court Refuses to Dismiss Retaliation Claim, Even Though Decision-Maker Was Unaware of the Terminated Employee's Protected Activity. more
8/10/2004	Fenwick Employment Brief - August 10, 2004
	Gender Bias Lawsuit Settlements Result in Substantial Monetary and Non-Monetary Obligations for Boeing and Morgan Stanley. more
7/28/2004	Fenwick Employment Brief Special Update - July 28, 2004
	Special Update Re: Private Attorney General Act Developments. more
7/19/2004	Fenwick Employment Brief - July 19, 2004
	Private Sector Employee Cannot Sue for Wrongful Discharge Based upon Alleged Violation of "Free Speech" Right/Former Employee Allowed to Pursue Claim for Wrongful Discharge for Complaining About Fraudulent Billing Practices/ more
7/12/2004	Fenwick Employment Brief - July 12, 2004
	Employer's Notice By Email of Mandatory Arbitration Policy Deemed Inadequate/Court Clarifies Scope of Marital Status Discrimination Claims/ more
6/25/2004	Fenwick Employment Brief - June 25, 2004
	U.S. Supreme Court Recognizes Concept of Constructive Discharge in Title VII Cases/NLRB Reverse Itself: Non-Union Employees Now Not Entitled to Have Coworker Present at Disciplinary Interview/ more
6/16/2004	Weekly Employment Brief - June 16, 2004
	A Less Appealing Job Reassignment Does Not Constitute Adverse Action For Title VII Claim/Terminating Employee For Violation Of Harassment Policy Not Pretext For Religious Discrimination/ more
6/1/2004	Weekly Employment Brief - June 1, 2004
	Court Sends Case To Jury Determine Whether Employee's Refusal To Work With A Specific Supervisor Constituted A "Constructive Resignation". more
5/20/2004	Weekly Employment Brief - May 20, 2004
	U.S. Department of Labor Issues New Rules Regarding White-Collar Overtime Exemptions. more
4/30/2004	Weekly Employment Brief - April 30, 2004
	Corporate Restructuring Not A Reasonable Accommodation Under FEHA/Unequal Pay For Employees With Similar Titles Is Permissible Where Duties And Skill Levels Differ/ more
4/23/2004	Weekly Employment Brief - April 23, 2004
	Merely Hiring From competitor Not Unlawful Interference with Contract/Employee May Claim Retaliation Even if Underlying Complaint Lacks Merit/ more
4/14/2004	Weekly Employment Brief - April 14, 2004
	Employee's Contract Claim Withstands Motion to Dismiss Because of Frail "At Will" Provision/Employer Liability for Non-Employee Sexual Harassment May Be Based on Conduct That Occurred to Enactment of FEHA Amendment/ more
4/7/2004	Weekly Employment Brief - April 7, 2004
	Employer Properly Disciplined "Whistleblower" for Poor Performance/After Eight Years Of Paid Disability Leave, Employee Sues For Disability Discrimination (And Wins, In Part)/ more
3/30/2004	Weekly Employment Brief - March 30, 2004
	Jury Must Decide Whether Employer Lawfully Refused To Re-Hire Recovering Addict/Saleswoman Facing "Glass Ceiling" Allowed To Pursue Constructive Discharge Claim/ more
3/23/2004	Weekly Employment Brief - March 23, 2004
	Plaintiff's Post-Termination Misconduct May Bar Reinstatement And Front Pay Award/Court Articulates Limits On Customer Non-Solicitation Clauses/ more
3/18/2004	Weekly Employment Brief - March 18, 2004
	Laid Off Employees Need Not Show Replacement By Younger Worker To Show Age Discrimination/Bad-Faith Harassment Complaints Cannot Support Title VII Retaliation Claims/ more
3/10/2004	Weekly Employment Brief - March 10, 2004
	Supervisor's Remarks Support Actionable Age and National Origin Discrimination Claims/When is an Alcoholic Employee "Disabled" Under the ADA? A Federal Court Provides Guidance/ more
3/3/2004	Weekly Employment Brief - March 3, 2004
	Favoring The Old Over The Young Not Prohibited By ADEA/New York Court Opens Door For Investor Liability Under WARN Act/Employer's Failure To Document Alleged Performance Problems Results In Section 132a Award For Terminated Employee/ more
2/23/2004	Weekly Employment Brief - February 23, 2004
	Employee Who Exposed Himself To Co-Worker And Engaged In Inappropriate Sexual Banter Did Not Engage In Unlawful Sexual Harassment/Court Holds That Wage/Hour Allegations Cannot Support RICO Cause Of Action/ more
2/11/2004	Weekly Employment Brief - February 11, 2004
	Subjective Hiring Criteria, Without More, Do Not Prove Age Discrimination/Framework For Determining Joint Employment Status Further Complicated By Federal Court's Recent Ruling/ more
2/5/2004	Weekly Employment Brief - February 5, 2004
	Telecommuting Not A Reasonable Accommodation Under ADA Where An Employee's Attendance At Work Is An Essential Job Function/Court Expands Permissible Damages for FLSA Retaliation/Affectionate Behavior From "Effusive" Boss Is Not Sexual Harassment/ more
1/27/2004	Weekly Employment Brief - January 27, 2004
	Denial of Lateral Transfer May Be Adverse Action/Federal Court Holds That Learning Disabilities and ADD Do Not Constitute Serious Health Conditions Under FMLA/Employee's Admitted Use of Marijuana Does Not Bar Her Harassment Claim/ more
1/15/2004	Weekly Employment Brief - January 15, 2004
	Employee's Termination for Posting Scriptures Condemning Gays did not Constitute Religious Discrimination/OK to Search Employee's E-Mail on Company Server/Newly Enacted Fair And Accurate Credit Transaction Act Simplifies Harassment Investigation Process/ more
12/16/2003	Weekly Employment Brief - December 16, 2003
	California Court Permits Company to Fire Supervisor for Dating Subordinate/Policy Against Rehiring Violators of Workplace Rules Can Be Legitimate Reason to Refuse to Rehire Former Employee Who Resigned After Positive Drug Test/ more
12/5/2003	Weekly Employment Brief - December 5, 2003
	Strict Liability Not As Strict: California Supreme Court Acknowledges Affirmative Defense To Damages For Employers In Sexual Harassment Cases/The Sky Is No Longer The Limit: California Appellate Court Applies Federal Due Process Limits To Slice California Punitive Damages Verdict/ more
11/19/2003	Weekly Employment Brief - November 19, 2003
	Employee May Not Be Terminated For Protected Political Speech Outside Workplace/"Isolated" Slurs About Latinos Did Not Amount To Hostile Environment/News Alert: Job Growth Sign Of Growing Economy/ more
11/10/2003	Weekly Employment Brief - November 10, 2003
	New California Statute Makes Employers Liable for Non-Employee Sexual Harassment of Workers/Compliments About Jewelry, Clothing and Hairstyle Do Not Amount to Sexual Harassment/Court Enforces Last-Chance Agreement with Employee Terminated for Substance Abuse/ more
10/27/2003	Weekly Employment Brief - October 27, 2003
	Governor Davis Signs Requiring Employers to Purchase Health Insurance for Employees/Court Rules That FMLA Rule Requires Three Consecutive Days of Incapacity/Sixth Circuit Holds Internal Leave Policies May Not Inhibit Requests For Unforeseen FMLA Leave/ more
10/17/2003	Weekly Employment Brief - October 17, 2003
	Worker Terminated for Shopping During Sick Day May Take FMLA Interference Claim to Trial/Employer's Threats Support Finding of Willfulness and Additional Year of Overtime Damages/Governor Davis Helps Businesses With Veto of Ban on Employment Arbitration more
10/8/2003	Weekly Employment Brief - October 8, 2003
	Terminated Employee Fails to Establish Employer Regarded Him as Disabled/Employer's Interference with Employee's FMLA Leave Likely Doubles Employee's Damages/Court Clarifies when Employer May Conduct Medical Examination to Assess Disabilities/ more
9/30/2003	Weekly Employment Brief - September 30, 2003
	FMLA Claim Stands, Despite Employee's Stated Intention Not to Return to Work/Court Ruling Emphasizes Importance of Good Evidence of "Essential Job Functions"/Air France Defeats FMLA Claim; Held Not To Be "Joint Employer" Over Contracted Services Workers/ more
9/23/2003	Weekly Employment Brief - September 23, 2003
	Employee overcomes dismissal of disability-based claims when court holds that eating constitutes major life activity/Sleep disorder sufferer who requires flexible schedule able to overcome summary judgment on retaliation and disability discrimination/ more
9/17/2003	Weekly Employment Brief - September 17, 2003
	Ninth Circuit Scrutinizes Facts to Revive Poorly Drafted Sexual Harassment Suit/Reorganization After Acquisition May Legitimate, Nondiscriminatory Reason for Termination/Punitive Damages, But Not Attorneys' Fees, Must be Included in Successful Plaintiff's Taxable Income/ more
9/9/2003	Weekly Employment Brief - September 9, 2003
	Submitting to Sexual Acts Under Explicit or Reasonably-Perceived Implicit Threat or Discharge in a "Tangible Employment Action" That Makes a Company Strictly Liable for Sexual Harassment Under title VII. more
8/28/2003	Special W.E.B. Alert - August 28, 2003
	Alert: Department of Labor Proposes New COBRA Notice Requirements/New Model Initial COBRA Notice/ more
8/21/2003	Weekly Employment Brief - August 21, 2003
	Individual Assessment Critical to Success of "Direct Threat" Defense/Second Circuit Allows Exonerated Harasser's Retaliation and Race Claims to Proceed/Court Finds Miscommunication, not Discrimination, in Pregnancy Lawsuit/ more
8/12/2003	Weekly Employment Brief - August 12, 2003
	Sales Manager Fails to Establish "Disability" Due to Workplace Stress/Labor Department Seeks Back Pay for Undocumented Workers/FMLA Claim Fails Because Company Decided to Replace Employee Before He Requested Leave/ more
8/4/2003	Weekly Employment Brief - August 4, 2003
	Ninth Circuit Strikes Another Blow to Employment Arbitration Agreements/UPS Settles Disabilities Class Action Brought by Deaf Employees/ more
7/25/2003	Weekly Employment Brief - July 25, 2003
	California Supreme Court rejects employer trespass claim against former employee for repeatedly sending e-mails to other employees/U.S. Supreme Court allows affirmative action to continue/ more
6/27/2003	Weekly Employment Brief - June 27, 2003
	Employer Not Liable for Harassment by Customer Sexual Harassment Within a Week of Notice of Harassment/Gay Plaintiffs One Step Closer to Successfully Suing under a "Stereotype" Theory under Title VII/ more
6/18/2003	Weekly Employment Brief - June 18, 2003
	Self-Defense To Workplace Brawl Not A Basis for Public Policy Claim/Employer Not Liable for Harassment by Customer/ more
6/3/2003	Weekly Employment Brief - June 3, 2003
	Company's Decision to Eliminate "Deadwood" Insufficient to Prove 60-Year Old Executive's Age Discrimination Case/Blondes May Have More Fun, But They Are Not A Protected Group Under Title VII/ more
5/15/2003	Weekly Employment Brief - May 15, 2003
	Pregnancy Discrimination Claim Can Go Forward Because Of Dispute Over Validity Of Employer's Termination Rationale/Comments About Employee's Body Odor Do Not Establish Race or National Origin Discrimination/ more
5/6/2003	Weekly Employment Brief - May 6, 2003
	Supreme Court Provides Input As to the Meaning of "Employee" Under the ADA/Constructive Discharge Bars Employer's Affirmative Defense to Harassment Claim/ more
4/28/2003	Weekly Employment Brief - April 28, 2003
	United States Supreme Court Places Significant Due Process Limitations on Large Punitive Damage Awards/Employee May Not Pursue Claim For Wrongful Discharge In Violation Of Public Policy Without Exhausting Employer's Internal Administrative Remedies/ more
4/16/2003	Weekly Employment Brief - April 16, 2003
	California Appeals Court Holds Officers and Directors Are Not Personally Liable for Overtime Claims/No Duty To Accommodate A Non-Disabled Employee Regarded As Disabled/ more
3/31/2003	Weekly Employment Brief - March 31, 2003
	Request For Vacation To Visit Ailing Parents Not CFRA Leave Request/Arbitration Agreement Defeated By Employer Reserving Right To Equitable Relief In Court/ more
3/24/2003	Weekly Employment Brief - March 24, 2003