Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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Latest Posts › Class Action Arbitration Waivers

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Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses

Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide helpful reminders for employers drafting, reviewing or enforcing arbitration...more

3/30/2015 - Arbitration Class Action Arbitration Waivers Contract Drafting Employment Contract Hiring & Firing Mandatory Arbitration Clauses

Fenwick Employment Brief - November 2014

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email - A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more

12/1/2014 - Class Action Arbitration Waivers D.R. Horton v NLRB EEOC Employer Liability Issues Facebook FMLA NLRA Notice Requirements Unpaid Interns

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

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

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

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 - December 2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

12/19/2012 - CFRA Class Action Class Action Arbitration Waivers Discrimination Federal Arbitration Act Honest Belief Defense NLRB Social Media Social Media Policy Supervisors Title VII

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