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Archive Employment Practices Publications
12/4/2006 Fenwick Employment Brief - December 4, 2006 PDF icon
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
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11/6/2006 Fenwick Employment Brief - November 6, 2006 PDF icon
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
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10/17/2006 Fenwick Employment Brief - October 17, 2006 PDF icon
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
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9/25/2006 Fenwick Employment Brief - September 25, 2006 PDF icon
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
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9/6/2006 Fenwick Employment Brief - September 6, 2006 PDF icon
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
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9/1/2006 Employment Law Alert - September 1, 2006 PDF icon
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
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8/17/2006 Fenwick Employment Brief - August 17, 2006 PDF icon
The California Supreme Court recently concluded that the "at will" doctrine is alive and well in California. more
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7/26/2006 Fenwick Employment Brief - July 26, 2006 PDF icon
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
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6/12/2006 Fenwick Employment Brief - June 12, 2006 PDF icon
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
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5/10/2006 Fenwick Employment Brief - May 10, 2006 PDF icon
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
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3/29/2006 USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too PDF icon
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
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3/27/2006 Fenwick Employment Brief - March 27, 2006 PDF icon
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
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3/9/2006 Fenwick Employment Brief - March 9, 2006 PDF icon
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
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2/23/2006 Fenwick Employment Brief - February 23, 2006 PDF icon
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
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2/8/2006 Fenwick Employment Brief - February 8, 2006 PDF icon
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
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11/29/2005 Fenwick Employment Brief - November 29, 2005 PDF icon
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
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11/22/2005 Fenwick Employment Brief - November 22, 2005 PDF icon
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
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10/27/2005 Fenwick Employment Brief - October 27, 2005 PDF icon
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
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10/1/2005 What Employers Should Know and Do About Blogs PDF icon
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
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9/26/2005 Fenwick Employment Brief - September 26, 2005 PDF icon
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
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9/19/2005 Executive Compensation and Benefits Update - Now We Are Making Sense — Revised Grant Date Rulesfor Options PDF icon
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
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8/18/2005 Executive Compensation and Benefits Update - New Accounting Valuation Rules for Option Grants—Definition of Grant Date PDF icon
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
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8/12/2005 Fenwick Employment Law Alert - California Supreme Court Rules that Officers and Directors are not Personally Liable in Overtime Cases PDF icon
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
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8/8/2005 Fenwick Employment Brief - August 8, 2005 PDF icon
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
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7/25/2005 Fenwick Employment Brief - July 25, 2005 PDF icon
California Court Authorizes Partial-day PTO Deductions for Exempt Workers more
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7/20/2005 Fenwick Employment Brief - July 20, 2005 PDF icon
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
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7/12/2005 Fenwick Employment Brief - July 12, 2005 PDF icon
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
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6/22/2005 Fenwick Employment Brief - June 22, 2005 PDF icon
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
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4/26/2005 Fenwick Employment Brief - April 26, 2005 PDF icon
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
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4/14/2005 Fenwick Employment Brief - April 14, 2005 PDF icon
U.S. Supreme Court Allows Disparate Impact Theory in Age Discrimination Cases/Employers May Not Require Medical Examination Before Making "Real" Job Offermore
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3/2/2005 Fenwick Employment Brief - March 2, 2005 PDF icon
Employer Lawfully Recovered Unearned Commission Advances/Employer's Stray Remarks about Age Enable Older Worker to Proceed to Trial on Discrimination Claim more
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1/10/2005 Fenwick Employment Brief - January 10, 2005 PDF icon
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
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12/15/2004 Fenwick Employment Brief - December 15, 2004 PDF icon
Employees Who Resign from At-Will Employment May Recover Damages for Unfulfilled Promise of Future Employment/Employer Not Liable for "Equal Opportunity" Abuser/ more
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12/6/2004 Fenwick Employment Brief - December 6, 2004 PDF icon
No Personal Liability for Co-Worker Harassment Committed Before 2001 Amendment/Conduct That Ridicules Both Sexes May Still Create a Hostile Work Environment/ more
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11/16/2004 Fenwick Employment Brief - November 16, 2004 PDF icon
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
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10/26/2004 Fenwick Employment Brief - October 26, 2004 PDF icon
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
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10/11/2004 Fenwick Employment Brief - October 11, 2004 PDF icon
Fabrication Plant Workers Entitled to Wages for Donning and Doffing Clean Room Uniforms. more
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9/27/2004 Fenwick Employment Brief - September 27, 2004 PDF icon
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
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9/8/2004 Fenwick Employment Brief - September 8, 2004 PDF icon
California Supreme Court Lowers the Bar for Wage and Hour Class Actions/Interference With At-Will Employment Requires Independently Wrongful Actions/ more
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8/30/2004 Fenwick Employment Brief - August 30, 2004 PDF icon
California Court Refuses to Dismiss Retaliation Claim, Even Though Decision-Maker Was Unaware of the Terminated Employee's Protected Activity. more
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8/10/2004 Fenwick Employment Brief - August 10, 2004 PDF icon
Gender Bias Lawsuit Settlements Result in Substantial Monetary and Non-Monetary Obligations for Boeing and Morgan Stanley. more
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7/28/2004 Fenwick Employment Brief Special Update - July 28, 2004 PDF icon
Special Update Re: Private Attorney General Act Developments. more
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7/19/2004 Fenwick Employment Brief - July 19, 2004 PDF icon
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
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7/12/2004 Fenwick Employment Brief - July 12, 2004 PDF icon
Employer's Notice By Email of Mandatory Arbitration Policy Deemed Inadequate/Court Clarifies Scope of Marital Status Discrimination Claims/ more
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6/25/2004 Fenwick Employment Brief - June 25, 2004 PDF icon
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
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6/16/2004 Weekly Employment Brief - June 16, 2004 PDF icon
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
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6/1/2004 Weekly Employment Brief - June 1, 2004 PDF icon
Court Sends Case To Jury Determine Whether Employee's Refusal To Work With A Specific Supervisor Constituted A "Constructive Resignation". more
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5/20/2004 Weekly Employment Brief - May 20, 2004 PDF icon
U.S. Department of Labor Issues New Rules Regarding White-Collar Overtime Exemptions. more
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4/30/2004 Weekly Employment Brief - April 30, 2004 PDF icon
Corporate Restructuring Not A Reasonable Accommodation Under FEHA/Unequal Pay For Employees With Similar Titles Is Permissible Where Duties And Skill Levels Differ/ more
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4/23/2004 Weekly Employment Brief - April 23, 2004 PDF icon
Merely Hiring From competitor Not Unlawful Interference with Contract/Employee May Claim Retaliation Even if Underlying Complaint Lacks Merit/ more
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4/14/2004 Weekly Employment Brief - April 14, 2004 PDF icon
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
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4/7/2004 Weekly Employment Brief - April 7, 2004 PDF icon
Employer Properly Disciplined "Whistleblower" for Poor Performance/After Eight Years Of Paid Disability Leave, Employee Sues For Disability Discrimination (And Wins, In Part)/ more
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3/30/2004 Weekly Employment Brief - March 30, 2004 PDF icon
Jury Must Decide Whether Employer Lawfully Refused To Re-Hire Recovering Addict/Saleswoman Facing "Glass Ceiling" Allowed To Pursue Constructive Discharge Claim/ more
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3/23/2004 Weekly Employment Brief - March 23, 2004 PDF icon
Plaintiff's Post-Termination Misconduct May Bar Reinstatement And Front Pay Award/Court Articulates Limits On Customer Non-Solicitation Clauses/ more
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3/18/2004 Weekly Employment Brief - March 18, 2004 PDF icon
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
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3/10/2004 Weekly Employment Brief - March 10, 2004 PDF icon
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
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3/3/2004 Weekly Employment Brief - March 3, 2004 PDF icon
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
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2/23/2004 Weekly Employment Brief - February 23, 2004 PDF icon
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
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2/11/2004 Weekly Employment Brief - February 11, 2004 PDF icon
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
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2/5/2004 Weekly Employment Brief - February 5, 2004 PDF icon
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
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1/27/2004 Weekly Employment Brief - January 27, 2004 PDF icon
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
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1/15/2004 Weekly Employment Brief - January 15, 2004 PDF icon
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
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12/16/2003 Weekly Employment Brief - December 16, 2003 PDF icon
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
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12/5/2003 Weekly Employment Brief - December 5, 2003 PDF icon
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
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11/19/2003 Weekly Employment Brief - November 19, 2003 PDF icon
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
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11/10/2003 Weekly Employment Brief - November 10, 2003 PDF icon
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
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10/27/2003 Weekly Employment Brief - October 27, 2003 PDF icon
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
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10/17/2003 Weekly Employment Brief - October 17, 2003 PDF icon
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
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10/8/2003 Weekly Employment Brief - October 8, 2003 PDF icon
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
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9/30/2003 Weekly Employment Brief - September 30, 2003 PDF icon
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
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9/23/2003 Weekly Employment Brief - September 23, 2003 PDF icon
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
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9/17/2003 Weekly Employment Brief - September 17, 2003 PDF icon
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
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9/9/2003 Weekly Employment Brief - September 9, 2003 PDF icon
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
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8/28/2003 Special W.E.B. Alert - August 28, 2003 PDF icon
Alert: Department of Labor Proposes New COBRA Notice Requirements/New Model Initial COBRA Notice/ more
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8/21/2003 Weekly Employment Brief - August 21, 2003 PDF icon
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
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8/12/2003 Weekly Employment Brief - August 12, 2003 PDF icon
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
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8/4/2003 Weekly Employment Brief - August 4, 2003 PDF icon
Ninth Circuit Strikes Another Blow to Employment Arbitration Agreements/UPS Settles Disabilities Class Action Brought by Deaf Employees/ more
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7/25/2003 Weekly Employment Brief - July 25, 2003 PDF icon
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
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6/27/2003 Weekly Employment Brief - June 27, 2003 PDF icon
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
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6/18/2003 Weekly Employment Brief - June 18, 2003 PDF icon
Self-Defense To Workplace Brawl Not A Basis for Public Policy Claim/Employer Not Liable for Harassment by Customer/ more
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6/3/2003 Weekly Employment Brief - June 3, 2003 PDF icon
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
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5/15/2003 Weekly Employment Brief - May 15, 2003 PDF icon
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
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5/6/2003 Weekly Employment Brief - May 6, 2003 PDF icon
Supreme Court Provides Input As to the Meaning of "Employee" Under the ADA/Constructive Discharge Bars Employer's Affirmative Defense to Harassment Claim/ more
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4/28/2003 Weekly Employment Brief - April 28, 2003 PDF icon
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
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4/16/2003 Weekly Employment Brief - April 16, 2003 PDF icon
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
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3/31/2003 Weekly Employment Brief - March 31, 2003 PDF icon
Request For Vacation To Visit Ailing Parents Not CFRA Leave Request/Arbitration Agreement Defeated By Employer Reserving Right To Equitable Relief In Court/ more
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3/24/2003 Weekly Employment Brief - March 24, 2003 PDF icon
Supervisor Constructively Discharged For Protecting "Ugly" Subordinate/Attention Deficit Diagnosis Did Not Prohibit Termination For Threatening Co-Workers/ more
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3/19/2003 Weekly Employment Brief - March 19, 2003 PDF icon
California Appellate Court Upholds Injunction Prohibiting Former Employees From Destroying Stolen Electronic Information/Nine-Month Delay In Reporting Sexual Harassment No Bar To Title VII Suit/ more
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3/4/2003 Weekly Employment Brief - March 4, 2003 PDF icon
California Supreme Court: Arbitration Protections Apply to Non-Statutory Claims/Employer Liable for Conduct Reasonably Likely To Deter Protected Speech/ more
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2/27/2003 Weekly Employment Brief - February 27, 2003 PDF icon
Employer Liable For Retaliation Based On Employee's Protected Activity Prior To Employment/Employee May Sue For Retaliation Under The ADA Even If She Is Not Disabled/ more
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2/24/2003 Independent Contractors/Temporary Workers PDF icon
Workers may be classified in one of two basic legal categories: employees or independent contractors. more
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2/17/2003 Weekly Employment Brief - February 17, 2003 PDF icon
Supervisor's Single Racial Slur Sufficient To Require Jury Trial of Race Harassment Case/Employee Terminated For Slapping A Groping Client Wins Retaliation Suit/ more
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2/12/2003 Weekly Employment Brief - February 12, 2003 PDF icon
Supreme Court to Review Whether Policy Against Rehiring Recovered Addicts Violates ADA/Second Circuit Revives Wrongful Termination Claim of Blind Employee Not Recalled After Reduction-in-Force/ more
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2/10/2003 Weekly Employment Brief - February 10, 2003 PDF icon
Court Says "Promoting Your Paramours" Not Gender Discrimination/Age Based Comments Provide Grounds For Discrimination Claim Even When Made By Another In The Same Age Group/ more
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2/3/2003 Weekly Employment Brief - February 3, 2003 PDF icon
Influential Subordinate Can Be "Decisionmaker" in Discrimination Case/Plan Exclusion of Surgical Infertility Procedures Held Gender-Neutral/ more
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1/17/2003 Weekly Employment Brief - January 17, 2003 PDF icon
CFRA "Leave" Does Not Include Exemption From Weekend And Overtime Work/Employee's Late Filings Not Excused Where Employer Provided Notice Of Deadlines/ more
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12/9/2002 Weekly Employment Brief - December 9, 2002 PDF icon
California Employers No Longer Must Reduce Labor Commissioner Awards to Zero To Avoid Paying Employees' Attorney's Fees On Appeal/Sudden End Of Relationship With Major Client Constitutes Unforeseeable Business Circumstances Under WARN Act/ more
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12/3/2002 Weekly Employment Brief - December 3, 2002 PDF icon
Employer Held Responsible For Unclear Offer Letter/ Bankruptcy Anti-Discrimination Law Does Not Protect Persons Prior To Filing/University of California Must Pay $2 Million For Retaliation/ more
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11/25/2002 Weekly Employment Brief - November 25, 2002 PDF icon
Labor Commissioner Allows Salary Deduction For Full-Week Shutdown, but Limits Forced Use of Vacation/FMLA Suit Results in $11.65 Million Verdict, Including $900,000 Against Supervisors/ more
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11/18/2002 Weekly Employment Brief - November 18, 2002 PDF icon
FAQs Regarding Military Leaves of Absence. more
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11/5/2002 Weekly Employment Brief - November 5, 2002 PDF icon
Employer Not Liable For Client's Sexual Harassment/ Inappropriate Jokes Do Not Constitute Protected Speech/Employees Must Meet Performance Standards to Claim Discrimination/ more
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10/28/2002 Weekly Employment Brief - October 28, 2002 PDF icon
Florida Court Holds Cyberspace Not Covered By ADA/Third Circuit Upholds Exclusion of EEOC Determination Letter/Waitress' Sexual Harassment Complaint Can Proceed Against Both the Mustard and the Fog/ more
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10/22/2002 Weekly Employment Brief - October 22, 2002 PDF icon
Ongoing Sexual Banter Not Sexual Harassment Under Title VII/"At-Will" Employment "Sufficiently Contractual" to Support Federal Discrimination Suit/DLSE Warns: Less Work Can't Mean Less Pay For Exempt Employees/ more
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10/14/2002 Weekly Employment Brief - October 14, 2002 PDF icon
Employer Improperly Reduced "Stay Bonus" Based on FMLA Leave/Extra Work and Heightened Scrutiny for Employee Who Complained of Discrimination May Constitute Retaliation/Jury Awards $8.5 Million Against Employer Who Lied to Other Employees About Reason for Employee's Termination/ more
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10/7/2002 Weekly Employment Brief - October 7, 2003 PDF icon
New Laws Make Employment Background Checks Easier/Ninth circuit Rules that "Adverse Employment Action" Requires An Objective Showing/Governor Vetoes Retaliation Law and Bill Restricting Use of Mandatory Arbitration/ more
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9/30/2002 Weekly Employment Brief - September 30, 2002 PDF icon
Title VII Allows Claims of Sexual Harassment Motivated by Sexual Orientation/Court Upholds Jury Verdict that Company Discriminated Against Disabled Employee during a Reorganization/Are Employees "Regarded as Disabled" Entitled to an Accommodation?/ more
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9/24/2002 Weekly Employment Brief - September 24, 2002 PDF icon
CALIFORNIA EMPLOYERS SOON TO BE SUBJECT TO NEW LAYOFF AND FAMILY LEAVE OBLIGATIONS!/California's New "WARN" Act/New Employer Obligations To Provide Paid Family Leave Time/ more
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9/16/2002 Weekly Employment Brief - September 16, 2002 PDF icon
URGENT UPDATE: California Court of Appeal Rejects Inevitable Disclosure Doctrine. more
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9/12/2002 Trade Secrets Group Client Alert: Inevitable Disclosure is not the Law in California PDF icon
Ending years of uncertainty about California trade secrets law, the California Court of Appeal, on September 12, 2002, issued a decision that clearly rejects the doctrine of inevitable disclosure as "contrary to California law and public policy," and strongly suggests that California employers protect their trade secrets with "enforceable" noncompetition agreements. more
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9/9/2002 Weekly Employment Brief - September 9, 2002 PDF icon
EMPLOYEE ARBITRATION AGREEMENTS - Mandatory Arbitration Agreements Held Enforceable/However, Compelled Arbitration Agreements May Soon Be Unlawful In California/Court Upholds Employer's Reduction Of Employee's Stock Options Based On Poor Performance/ more
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9/3/2002 Weekly Employment Brief - September 3, 2002 PDF icon
Employee's Request for "Family" Leave Insufficient to Trigger FMLA Protections/Inappropriate Sexual Comments and Gestures Are Not Hostile Work Environment/NASA Settles Failure To Promote Discrimination Class Action For $3.7 Million/ more
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8/26/2002 Weekly Employment Brief - August 26, 2002 PDF icon
Supervisor's Actions "At Best Inappropriate, At Worst Cruel," But Not Sexual Harassment/$21 Million Verdict Upheld in Sexual Harassment Case/Pregnancy Discrimination: Key Factors is When Decision is Made, not When Termination is Carried Out/ more
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8/19/2002 Weekly Employment Brief - August 19, 2002 PDF icon
Ninth Circuit Reverses Leading California Wage/Hour Case/Court Considers Employees of Foreign Affiliate to Determine if U.S. Company Meets Title VII Size Threshold/ more
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8/12/2002 Weekly Employment Brief - August 12, 2002 PDF icon
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
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8/5/2002 Weekly Employment Brief - August 5, 2002 PDF icon
En Banc Ninth Circuit Expands Availability of "Mixed-Motive" Test/Requiring Employee to Drive 100 Miles to Work Not an Adverse Action/Harasser's Continued Presence in the Workplace Can Be a Continuing Violation/ more
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7/29/2002 Weekly Employment Brief - July 29, 2002 PDF icon
No Religious Discrimination Unless Decision-Maker Knows Applicant's Religion/Unlawful to Deny Accommodation Request for Fear of Potential Violation of Seniority System/Arbitration Agreement That Applies to Likely Employee Claims Held Unenforceable/ more
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7/22/2002 Weekly Employment Brief - July 22, 2002 PDF icon
Theft Of Trade Secrets May Trigger Automatic Jail Time/Employee Terminated For Discussing Bonus With Coworkers States A Claim For Wrongful Termination In Violation of Public Policy/ more
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7/15/2002 Weekly Employment Brief - July 15, 2002 PDF icon
Individual Supervisor May Be Liable For Retaliation/Former Employee Prohibited From Contacting Coworkers Because Of Threats/Employer May Be Liable For Insurance Company's Failure To Provide COBRA Notice/ more
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7/8/2002 Weekly Employment Brief - July 8, 2002 PDF icon
This Special Edition of the Fenwick & West LLP W.E.B. Update is designed to help employers comply with both anti-terrorism export control and national-origin discrimination laws. more
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7/1/2002 Weekly Employment Brief - July 1, 2002 PDF icon
U.S. Supreme Court Does Not Disturb Ruling that Gives Nonunion Employees the Right to Have Coworker Present at Investigatory Interviews/ California Supreme Court Holds that FEHA Does Not Prevent Age Bias in Provision of Benefits/ more
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6/24/2002 Weekly Employment Brief - June 24, 2002 PDF icon
Policy Against Rehiring Employees May Be Unlawful Under ADA When Applied to Recovered Addicts/Failure to Interview Older Employee May Raise Specter of Discrimination/ more
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6/17/2002 Weekly Employment Brief - June 17, 2002 PDF icon
U.S. Supreme Court Holds That ADA Does Not Entitle Disabled Individuals To Jobs That Endanger Their Own Health/U.S. Supreme Court Strikes Down Continuing Violation Doctrine For Discrimination And Retaliation But Not For Hostile Work Environment Claims/ more
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6/10/2002 Weekly Employment Brief - June 10, 2002 PDF icon
News Alert: U.S. Supreme Court Allows Employers to Consider Job Danger to Applicant's Health in Refusing to Hire a Disabled Individual/HIV-Infected Dental Hygienist Ruled to be a "Direct Health Threat" to Patients: No ADA Protection/ more
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6/3/2002 Weekly Employment Brief - June 3, 2002 PDF icon
Supreme Court Lets Stand Rejection of Employer's Defense In Co-Worker Harassment Case/Class Certification Denied, But Individual Plaintiffs May Proceed On Implied Contract Claims/Employer Fails to Establish Administrative Exemption/ more
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5/29/2002 Weekly Employment Brief - May 29, 2002 PDF icon
Workers' Vacation Time May Count Toward FMLA Eligibility/California Supreme Court Allows Catholic Health Clinic to Prohibit An Employee's Religious Proselytizing/Tyson Indicted For Conspiracy to Hire Illegal Aliens/ more
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5/20/2002 Weekly Employment Brief - May 20, 2002 PDF icon
California Supreme Court To Decide Whether Protection Against Age Discrimination Includes Worker Benefits/Hearing-Impaired Driver May Pursue ADA Suit for Failure to Accommodate/Federal Court Strictly Enforces FMLA Eligibility Requirements/ more
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5/13/2002 Weekly Employment Brief - May 13, 2002 PDF icon
Company's Failure to Take Reasonable Steps to Protect Trade Secrets Defeats Claim of Misappropriation by Former Employees/Fifty-Year Old Laid-Off Employee Will Proceed to Jury Trial on Age Discrimination Claim Based on Recruiter's Comments and Replacement by Younger Person/ more
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5/6/2002 Weekly Employment Brief - May 6, 2002 PDF icon
U.S. Supreme Court Holds that Established Seniority Rules Ordinarily Trump the ADA/Federal Court Narrows Privilege Exception to Freedom of Information Act/ more
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4/29/2002 Weekly Employment Brief - April 29, 2002 PDF icon
Court Rejects Class Action by Store Assistant Managers Bringing Overtime Claim/Layoff of Employee on Family Leave Allowed/No Public Policy Violation where Hospital Fired Nurse for Refusal to Drop Lawsuit Against Patient/ more
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4/22/2002 Weekly Employment Brief - April 22, 2002 PDF icon
Release Of WARN Claims Must Allow A Reasonable Time to Consider Whether to Sign — Or It May Be Involuntary/California Jury Awards $30 Million in Sexual Harassment Suit Against Grocery Chain for Failure to Investigate/ more
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4/15/2002 Weekly Employment Brief - April 15, 2002 PDF icon
Injured Employee May Sue Employer for Failure to Accommodate/Third Circuit Expands ADA to Cover Retaliation Claims by Third Parties/Employer's Failure to Object to Employee's Unilateral Modification of Offer Letter May Constitute Acceptance of the Change/ more
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4/8/2002 Weekly Employment Brief - April 8, 2002 PDF icon
U.S. Supreme Court Denies Back Pay to Illegal Alien Terminated for Union Activities/California Supreme Court Will Review Intel E-mail Trespass Injunction Against Former Employee/ more
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3/25/2002 Weekly Employment Brief - March 25, 2002 PDF icon
U.S. Supreme Court Invalidates FMLA Regulation That Penalized Employers For Failing To Give Notice/Employer Cannot Require Doctor's Certification after Every Sick Leave/ more
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3/15/2002 Weekly Employment Brief - March 15, 2002 PDF icon
U.S. Supreme Court Considers ADA Defense Based On Direct Threat To Self/"Computer Use" Policy Key To Defense Of Wrongful Discharge Lawsuit/Louisiana State Court Awards 18 Years Of Front-Pay for FMLA Violation/ more
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3/8/2002 Weekly Employment Brief - March 8, 2002 PDF icon
New California Law Restricts Use Of Social Security Numbers/Unanimous Supreme Court Decision Makes It Easier For Plaintiffs To Maintain Complaints Of Discrimination/Employer Not Liable For Death Of Independent Contractor's Employee/ more
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2/18/2002 Weekly Employment Brief - February 18, 2002 PDF icon
ALERT: New California Law Adds More Disclosure Requirements to Background Checks on Employees and Job Applicants. more
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2/11/2002 Weekly Employment Brief - February 11, 2002 PDF icon
Alert: New California Law Affects In-House Investigative Consumer Reports/Court Finds Circuit City's Arbitration Agreement Too Lopsided To Enforce/Federal Court Raises The Bar For Pregnancy Discrimination Claims/ more
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2/4/2002 Weekly Employment Brief - February 4, 2002 PDF icon
Be Express About At-Will Employment - Otherwise You Might Get Stuck With More Than You Can Handle/Watch What You Listen To - Court Limits Recording Of Business And Personal Calls/Employer Must Pay Employees For Time Spent Getting Dressed/ more
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1/29/2002 U.S. Supreme Court Rulings Limit ADA's Scope PDF icon
After losing a string of disability rights cases in the U.S. Supreme Court in the past three years, disability activists are wondering whether it's time to turn to Congress for help. more
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1/28/2002 Weekly Employment Brief - January 28, 2002 PDF icon
Unnecessary Military Joy Ride Still Protected Activity Under Uniformed Services Employment and Reemployment Rights Act/Employer Saved By Workers' Compensation: California Court Holds Workers' Compensation To Off-Duty Employee/Watch Your Minor Employees Or The State Will/ more
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1/21/2002 Weekly Employment Brief - January 21, 2002 PDF icon
Arbitration Agreements Can't Stop The EEOC/Get Out Your Wallets to Pay Increased Minimum Wage/Long Workweeks Can Be An Essential Function Of An Engineer's Job So As Not to Require Reduced Hours As An Accommodation/ more
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1/14/2002 Weekly Employment Brief - January 14, 2002 PDF icon
Most Carpal Tunnel Syndrome May Get Crossed Off the List of ADA Disabilities/Nobody Has to Die First/Punishing Employers for Failing to Give FMLA Notice Comes Under U.S. Supreme Court Review/ more
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1/7/2002 Weekly Employment Brief - January 7, 2002 PDF icon
I'd Like A New Boss, Please: Employees Not Entitled To New Supervisor as Reasonable Accommodation/Back On The Hook: Court Overturns Summary Judgment Against Time Warner For African American Employees Fired During Workplace Reduction/ more
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12/17/2001 Weekly Employment Brief - December 17, 2001 PDF icon
Backlash Discrimination After September 11 - World War II Revisited?/Hiring Illegal Alien Janitors - Behavior Worthy of John Gotti/ more
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12/10/2001 Weekly Employment Brief - December 10, 2001 PDF icon
Cat Got Your . . . Dog?!?/"Walking Timebomb:" A Rare Direct Threat Disability Case/ more
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12/3/2001 Weekly Employment Brief - December 3, 2001 PDF icon
Anthrax: OSHA's Risk Reduction Matrix/Non-Compete Agreements: Another One Bites the Dust/ more
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11/19/2001 Weekly Employment Brief - November 19, 2001 PDF icon
Paying for Chat Room Volunteers/Taxes, Speak Now or Forever Hold Your Peace/ more
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11/12/2001 Weekly Employment Brief - November 12, 2001 PDF icon
Reversal of Fortune/Employer Allowed to Search Computer Without Employee's Knowledge/ more
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11/5/2001 Weekly Employment Brief - November 5, 2001 PDF icon
Employers Need To Update "Old" Arbitration Agreements/Californians Challenge AOL's Use Unpaid Volunteers And Claim Employee Status/ more
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10/29/2001 Weekly Employment Brief - October 29, 2001 PDF icon
U.S. Supreme Court to Review The Scope of the ADA's "Direct Threat" Defense. more
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10/22/2001 Weekly Employment Brief - October 22, 2001 PDF icon
New California Law Requires Employers To Reasonably Accommodate Breastfeeding. more
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10/15/2001 Weekly Employment Brief - October 15, 2001 PDF icon
Suspensions without Pay Rendered Employees Non-exempt and Entitled to Overtime Pay. more
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10/08/2001 Weekly Employment Brief - October 8, 2001 PDF icon
EEOC Chair Urges Workplace Tolerance In Face Of Terrorist Attacks/Employee Nurse Better Off As A Patient/ more
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10/01/2001 Weekly Employment Brief - October 1, 2001 PDF icon
Plaintiff's Prior Work As A Call Girl Held Inadmissible Evidence/Journalist's Limitations in Typing and Writing are not Limiting Under ADA, but May Be Under FEHA/ more
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9/24/2001 Weekly Employment Brief - September 24, 2001 PDF icon
Court Enforces San Francisco Ordinance Requiring Airlines To Provide Equal Benefits To Domestic Partners. more
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9/17/2001 Weekly Employment Brief - September 17, 2001 PDF icon
Frequently Asked Questions Regarding Military Leave Policies for Employees. more
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9/10/2001 Weekly Employment Brief - September 10, 2001 PDF icon
Employers Cannot Transfer A Whistleblower To Prevent Conflicts With Other Workers. more
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8/27/2001 Weekly Employment Brief - August 27, 2001 PDF icon
Continuing Violations Extend Limits Of California Discrimination Law/College Athletic Trainer's Lawsuit May be a Slam Dunk/ more
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8/20/2001 Weekly Employment Brief - August 20, 2001 PDF icon
Court Does Not Find Hostile Work Environment at New York Metropolitan Opera. more
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8/13/2001 Weekly Employment Brief - August 13, 2001 PDF icon
An Employer Must Specify The Manner In Which It Calculates Family Leave/Employers Can Limit Time Employees Have To Bring Suits After Leaving Company/ more
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8/6/2001 Weekly Employment Brief - August 6, 2001 PDF icon
Supervisor Held Individually Liable for Negative Evaluation/Silicon Valley Clean Rooms Not Safe Rooms/ more
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7/30/2001 Weekly Employment Brief - July 30, 2001 PDF icon
Accommodating of Disabled Does Not Require Displacing Other Workers/Teasing Employee for Effeminacy May Constitute Sex Harassment/ more
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7/23/2001 Weekly Employment Brief - July 23, 2001 PDF icon
Employers Must Be Creative When Accommodating Disabled Employees/Misclassifying Employees Under Wage and Hour Laws Proves Costly/ more
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7/16/2001 Weekly Employment Brief - July 16, 2001 PDF icon
Male-On-Male Sexual Harassment Claims On The Rise/California State Legislature Hears "Drag Queen Bill"/ more
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7/2/2001 Weekly Employment Brief - July 2, 2001 PDF icon
Miles Locker Apparently Demoted/Even If Thou Shalt Attend, Thou Needn't Listen/ more
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6/25/2001 Weekly Employment Brief - June 25, 2001 PDF icon
California Labor Commissioner Withdraws DLSE Opinion Letter On Work Furloughs. more
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6/18/2001 Weekly Employment Brief - June 18, 2001 PDF icon
Miles Locker, Chief Legal Counsel for the California Division of Labor Standards Enforcement delivered a speech on June 13 in San Francisco. more
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6/11/2001 Weekly Employment Brief - June 11, 2001 PDF icon
Furlough Exempt Employees at Your Peril/Seventh Circuit Holds Companies Not Required To Keep Every Single Piece Of Scrap Paper Used In Planning A RIF/ more
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6/4/2001 Weekly Employment Brief - June 4, 2001 PDF icon
Free Speech Trumps Union's Right of Privacy/Firing Employee Who Reported Employer to the INS is a Wrongful Discharge/ more
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5/28/2001 Weekly Employment Brief - May 28, 2001 PDF icon
New Employees Not Entitled to FMLA Leave by Virtue of Employer Inaction/The Flu may be Covered by the FMLA/ more
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5/21/2001 Weekly Employment Brief - May 21, 2001 PDF icon
Not So Fast: California Supreme Court To Review Cases/Failure to Document Harassment Policy Leads to Trial on Effectiveness of Policy/ more
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5/14/2001 Weekly Employment Brief - May 14, 2001 PDF icon
Make My Day - Clint Eastwood Wins What May Be Final Round in ADA Case/Bankruptcies Complicate Employee Claims/ more
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5/7/2001 Weekly Employment Brief - May 7, 2001 PDF icon
EEOC Says No to Genetic Testing/Fired For Refusal to Sign, Not Because of Discrimination/ more
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4/30/2001 Weekly Employment Brief - April 30, 2001 PDF icon
Isolated Sexual Remark Not Necessarily Harassment/Wal-Mart Managers Can Go Braless/ more
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4/23/2001 Weekly Employment Brief - April 23, 2001 PDF icon
Detailed Documentation Is Critical In Workforce Reductions. more
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4/16/2001 Weekly Employment Brief - April 16, 2001 PDF icon
Are Companies Still Strictly Liable For Supervisor Harassment?/Written At-Will Overrides Verbal Promises. more
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4/9/2001 Weekly Employment Brief - April 9, 2001 PDF icon
Chef Gets Her Day in Court Over Remark that Cooking is "A Man's Job"/Court Ruling is A Victory for Contract Worker/ more
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4/2/2001 Weekly Employment Brief - April 2, 2001 PDF icon
Valid Non-Competition Agreements From Other States Are Not Enforceable In California. more
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3/26/2001 Weekly Employment Brief - March 26, 2001 PDF icon
Supreme Court Applies Federal Arbitration Act To Employment Agreements/Spanish-Speaking Workers Not Bound By English Arbitration Accord/ more
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3/19/2001 Weekly Employment Brief - March 19, 2001 PDF icon
Courts Less Likely To Halt Picketing Activities Under New Law/Whether Effeminate Or Masculine, The Law Provides Protection/ more
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3/12/2001 Weekly Employment Brief - March 12, 2001 PDF icon
Out With The Old, And In With "Garbage" At The EEOC?/Congress Repeals Clinton Labor Regulations/ more
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3/5/2001 Weekly Employment Brief - March 5, 2001 PDF icon
California Law Allows Consideration Of Age In Determination Of Benefits/Courts To Employee: Complain Before Filing Court Complaint/ more
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2/26/2001 Weekly Employment Brief - February 26, 2001 PDF icon
U.S. Supreme Court Blocks ADA Claims By State Employees/Titles Without Substance May Subject Employers To Overtime Law Penalties/ more
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2/19/2001 Weekly Employment Brief - February 19, 2001 PDF icon
Failures In Sexual Harassment Reporting Process Render Employee Liable/Out-Of-State Employers Should Be Wary Of Insisting On Non-Competes/ more
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2/12/2001 Weekly Employment Brief - February 12, 2001 PDF icon
Determining Employee Pay During Rolling Blackouts/Labor Department Sues Contractor For Failure To Respond To EO Survey/ more
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2/5/2001 Weekly Employment Brief - February 5, 2001 PDF icon
California Court Strikes Down Shareholder Non-Compete Clause Where Good Will Was Not Clear Component of Stock Sale Price. more
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1/29/2001 Weekly Employment Brief - January 29, 2001 PDF icon
Rainbow Coalition sends Minority Employment Survey to Silicon Valley Employers/Employer's Unauthorized Access of Employee's Private Website was Invasion of Privacy/ more
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1/22/2001 Weekly Employment Brief - January 22, 2001 PDF icon
Labor Survey Reports on Impact of FMLA/Number of Mass Layoffs Surge During Final Month of 2000/ more
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1/16/2001 Weekly Employment Brief - January 16, 2001 PDF icon
EEOC Issues New Internal ADA Guidelines Regarding Temporary Help Agencies and Their Clients. more
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1/8/2001 Weekly Employment Brief - January 8, 2001 PDF icon
Microsoft Settles Temp Class Action Suits/Continued Increase In Suits Over Stock Options/ more
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