Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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Fenwick Employment Brief - August 2014

Partial-Day Leave Deductions Lawful for Exempt Employees - A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more

8/15/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers DOL EEOC Employee Rights Employer Liability Issues Exempt-Employees NLRA NLRB PAGA Paid Leave Retaliation

Class Action Waiver in Arbitration Agreement Survives NLRA Challenge

Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more

12/17/2013 - Arbitration Arbitration Agreements Class Action Collective Action Waivers Collective Actions D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRB

Fenwick Employment Brief - December 2013

Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more

12/16/2013 - Arbitration Arbitration Agreements Class Action Arbitration Waivers Class Certification D.R. Horton Federal Arbitration Act NLRA NLRB

Arbitration Agreement Withstands Challenge For Lack of Notice of Arbitration Rules or Mutuality

In Peng v. First Republic Bank, a former employee asserting discrimination and other claims challenged the enforceability of the arbitration agreement she signed as a condition of employment. Specifically, she asserted that...more

10/23/2013 - Arbitration Arbitration Agreements Employment Contract Notice Requirements

Fenwick Employment Brief - October 2013

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

10/17/2013 - Arbitration Arbitration Agreements Employer Liability Issues Gender Discrimination Hostile Environment Minimum Wage Pregnancy Retaliation Termination

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 - February 2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

2/21/2013 - Arbitration Agreements Canning v NLRB Claims Limitations Period Defamation Discrimination Employment Policies Facebook FMLA Fraud Exception Hiring & Firing Kmart Manager Bias Mixed Motive Cases NLRB Parol Evidence Public Policy Recess Appointments Suitable Seats Lawsuits Termination Unconscionable Contracts

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