Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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Fenwick Employment Brief - February 2015

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

2/20/2015 - Affordable Care Act Arbitration CA Supreme Court Class Action Employer Liability Issues Employer Mandates Exempt-Employees On-Call Employees PAGA Reasonable Accommodation Rest and Meal Break Security Guards Wage and Hour

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 - June 2014

No Liability for Off-the-Clock Work Absent Employer Knowledge - A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more

6/18/2014 - Appeals Arbitration Class Action Class Certification Employer Liability Issues Employment Policies Exempt-Employees Kaiser Permanente Minimum Wage Non-Exempt Employees Over-Time Pregnancy Reasonable Accommodation Wage and Hour

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

Putative Class Targets Purported Deficiencies in Employer Meal and Rest Break Policies

Following the California Supreme Court’s Brinker ruling (April 2012 Employment Alert) that a California employer satisfies its meal/rest period obligations by “providing” rather than “ensuring” employees take rest and meal...more

10/21/2013 - Class Action Compliance Employee Rights Putative Class Actions Rest and Meal Break

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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