Allen M. Kato

Allen M. Kato

Fenwick & West LLP

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Employee’s criminal conviction affirmed for denying employer’s access to its computer network

A California court of appeal affirmed a criminal conviction of a former employee in The People v. Childs arising out of the employee denying his employer’s access to its own computer systems. Terry Childs worked as a network...more

11/26/2013 - Data Protection Databases Employer Liability Issues

Returning military reservist allowed to invoke USERRA “escalator principle” for failure to reinstate into higher-level job

The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran’s claim that Pfizer violated the “escalator principle” that is a unique element of the federal Uniformed Services...more

11/25/2013 - Pfizer Reinstatement The Escalator Principal USERRA Veterans

Company allowed to pursue suit against former employee for unfair competition despite absence of trade-secret violation

In Angelica Textile Services, Inc. v. Park, a California court of appeal considered the issue whether Angelica’s common-law claims for breach of contract, unfair competition, and interference with business relations would be...more

11/22/2013 - Breach of Contract Interference Claims Trade Secrets Unfair Competition

Company not required to reinstate temporary employee after FMLA leave of absence where temp agency did not request that employee...

In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to reinstate a temporary employee returning from FMLA-covered leave. Jessica...more

11/21/2013 - FMLA Leave of Absence Reinstatement Temporary Employees

California Courts Continue to Rule in Favor of Arbitration

California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims - In 2011, the California Supreme Court in...more

11/20/2013 - Arbitration Arbitration Agreements Federal Arbitration Act PAGA Wage and Hour

Flurry of New California Employment Statutes Continues

The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

11/19/2013 - Compliance Criminal Records Discrimination FEHA Leave of Absence Retaliation

Fenwick Employment Brief - November 2013

Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

11/18/2013 - Arbitration Arbitration Agreements Discrimination Employer Liability Issues FEHA FMLA Leave of Absence Misclassification Non-Solicitation Agreements Reinstatement Restrictive Covenants Unfair Competition Unpaid Wages USERRA

Fenwick Employment Brief - July 2013: DOMA and Prop 8 Rulings Clear the Way for Same-Sex Marriages in California and Require...

In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only between “one man and one...more

7/26/2013 - DOMA Employee Benefits FMLA Healthcare Hollingsworth v Perry Marriage Proposition 8 Same-Sex Marriage SCOTUS US v Windsor

Fenwick Employment Brief - July 2013: Waiver of Class Action Remedy Enforced Even Though Anticipated Costs of Individual...

In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American Express (“AMEX”) arbitration agreement despite a restaurant’s objection that the...more

7/25/2013 - American Express American Express v Italian Colors Restaurant American Recovery and Reinvestment Act Arbitration Arbitration Agreements Class Action Arbitration Waivers SCOTUS

Fenwick Employment Brief - July 2013: Employee Claiming Retaliation Must Meet Higher Standard of Proof

In another favorable ruling for employers, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar clarified that employees must satisfy a higher “but for” standard of proof to prevail in a Title VII...more

7/24/2013 - Adverse Employment Action But For Causation Discrimination EEOC Employer Liability Issues Harassment Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates - In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State...more

7/23/2013 - Adverse Employment Action Discrimination FEHA Harassment Hiring & Firing Racial Discrimination Retaliation Supervisors Vance v. Ball State University

Fenwick Employment Brief - July 2013

In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State University ruled that employers are strictly liable for harassment by a supervisor where the supervisor is empowered to take tangible...more

7/22/2013 - Adverse Employment Action Affordable Care Act Class Action Arbitration Waivers Delays DOMA EEOC FEHA Harassment Proposition 8 Retaliation Same-Sex Marriage SCOTUS Supervisors Title VII US v Windsor Vance v. Ball State University Vicarious Liability

Fenwick Employment Brief - March 2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

3/14/2013 - Disability Discrimination Discrimination FEHA Flex-Time Policies FMLA Hiring & Firing Medical Leave Over-Time Pregnancy Disability Leave Law Pregnancy Discrimination Punctuality Reasonable Accommodation Severance Pay Termination

Fenwick Employment Brief - November 2012

In This Issue: - Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement - California Employers Allowed To Round Employee Time To...more

11/14/2012

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