Dan Ko Obuhanych

Dan Ko Obuhanych

Fenwick & West LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

4/22/2014 - ADA Disability Discrimination EEOC Employee Handbooks Employer Liability Issues Employment Policies FEHA FICA Taxes Harassment Hills and Dales Hiring & Firing NLRB Posting Requirements Reasonable Accommodation SCOTUS SEC Severance Pay Statute of Limitations Title VII Wages Whistleblowers

No Showing That “Primarily Engaged In” Requirement Met Where Executive Employee Spent More Than 50% Of Time Performing Non-Exempt...

In Guilfoyle v. Dollar Tree Stores, Inc., a federal district court in California held that an employer was unable to meet the “primarily engaged in” requirement of the executive exemption test where the employee spent more...more

2/25/2014 - Classification Employer Liability Issues Exempt-Employees Non-Exempt Employees

Walmart Potentially Liable For Wage Violations As Joint Employer Of Subcontractors’ Employees

Finding that ample evidence existed that Walmart exercised control over the working conditions of the workers employed by Walmart’s warehouse subcontractors, a California federal district court in Carrillo v. Schneider...more

2/24/2014 - Contractors Employer Liability Issues Subcontractors Wage and Hour Wages Wal-Mart

Age Discrimination Claim Survives Dismissal Where Questions Existed Regarding Adequacy Of Job Performance And Employee Presented...

Reversing a trial court’s decision in favor of the employer, a California Court of Appeals in Cheal v. El Camino Hospital held that a former employee may present her age discrimination claim to a jury because there were...more

2/21/2014 - Age Discrimination Appeals Hiring & Firing Poor Job Performance Termination

Access Of Computer System With Log-In Credentials Is Not Unlawful “Hacking”

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

2/20/2014 - CFAA Data Protection Hackers

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

2/19/2014 - Age Discrimination Confidentiality Agreements Exempt-Employees Former Employee Hackers Non-Exempt Employees Unemployment Wage and Hour

Fenwick Employment Brief - September 2013: Wrongful Termination Claims Fail Where Employer Thoroughly Investigated Work...

In Kodwavi v. Intercontinental Hotels Group Resources, Inc., a federal district court in California determined that a hotel employee was not entitled to have his claims of national origin discrimination and retaliation go to...more

9/24/2013 - Discrimination Internal Investigations National Origin Retaliation Termination

Fenwick Employment Brief - September 2013: New A & F’s Appearance Policy Violates Employee’s Religious Rights

In EEOC v. Abercrombie & Fitch Stores, Inc. dba Hollister Co California, LLC, a federal district court in California recently held that Abercrombie & Fitch’s “Look Policy” violated a part-time associate’s religious rights...more

9/23/2013 - EEOC Religion Religious Discrimination Undue Hardship Workplace Attire

Fenwick Employment Brief - September 2013: EEOC Sued for Unauthorized Mass Solicitation E-mail to Company Employees

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a...more

9/20/2013 - ADEA EEOC Email Employer Liability Issues

Fenwick Employment Brief - September 2013: Findings that Employee Violated Company Policies were not an Admission of Legal...

In Oliver v. Microsoft Corp., a federal district court in California ruled that Microsoft’s internal determination that the plaintiff’s supervisor violated the company’s discrimination and retaliation policies was not an...more

9/19/2013 - Admissions Corporate Counsel Disability Discrimination Discrimination Gender Discrimination Internal Investigations Microsoft Retaliation Supervisors

Fenwick Employment Brief - September 2013: New California Law Clarifies that "Sexual Desire" not required for Sexual Harassment...

As mentioned in last month’s FEB, California recently enacted a new law clarifying that a plaintiff alleging sexual harassment is not required to show that the alleged harassment was motivated by sexual desire. Governor Jerry...more

9/18/2013 - Employer Liability Issues Harassment New Legislation Sexual Harassment

Fenwick Employment Brief - September 2013

As mentioned in last month’s FEB, California recently enacted a new law clarifying that a plaintiff alleging sexual harassment is not required to show that the alleged harassment was motivated by sexual desire. Governor Jerry...more

9/17/2013 - Attorney's Fees Back Pay EEOC Harassment Jerry Brown Jury Verdicts New Legislation Religious Discrimination Retaliation Sexual Harassment Wage and Hour Workplace Attire

Fenwick Employment Brief - May 2013: Software Programmer Criminally Charged For Hacking Former Employer's Network

The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint...more

5/16/2013 - Criminal Sanctions Hackers Software Developers

Fenwick Employment Brief - May 2013: Unreimbursed Expense May Result in Minimum Wage Violation, But Not a Labor Code § 450 Private...

In Sanchez v. Aerogroup, the plaintiff alleged that as a condition of her employment she was required to purchase at least eight pairs of shoes from her employer without reimbursement. She asserted violations of both minimum...more

5/16/2013 - Minimum Wage Reimbursements Unpaid Wages Wage and Hour

Fenwick Employment Brief - May 2013: Substantive Fairness Overcomes Elements of Procedural Unconscionability in Mandatory...

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that...more

5/15/2013 - Mandatory Arbitration Clauses Unconscionable Contracts

Fenwick Employment Brief - May 2013: NLRB Posting Rule Held Unconstitutional

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

5/15/2013 - Anti-Union Actions Free Speech NLRA NLRB Posting Requirements

Fenwick Employment Brief - May 2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

5/15/2013 - Age Discrimination Criminal Sanctions Discrimination Hackers Jury Awards Mandatory Arbitration Clauses Minimum Wage NLRB Notice Requirements Posting Requirements SCOTUS Social Media Social Media Policy Title VII Unconscionable Contracts

Fenwick Employment Brief - January 2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

1/17/2013 - Amazon At-Will Employment Choice-of-Law Disability Discrimination Forced Retirement Free Speech Just Cause Non-Compete Agreements Pregnancy Pregnancy Discrimination Private Property Public Forum Ralphs Reasonable Accommodation Right to Picket Sexual Harassment Social Media Unions

18 Results
|
View per page
Page: of 1