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Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP


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

Fenwick Employment Brief: Employee Asked To Wear French Maid's Costume Not Sexual Harassment

In Westendorf v. West Coast Contractors of Nevada, Inc., the Ninth Circuit upheld the dismissal of a sexual harassment complaint, despite offensive comments made by plaintiff's supervisor and coworkers, including a request...more

4/19/2013 - Construction Workers Employer Liability Issues Protected Activity Retaliation Sexual Harassment

Fenwick Employment Brief: Verbal Disclosure Of Private Facts Actionable

A California appellate court expanded the basis for a public disclosure of private facts claim in Ignat v. Yum! Brands, Inc....more

4/18/2013 - Bipolar Disorder Public Disclosure of Private Facts

Fenwick Employment Brief: Employee Social Media Account Ownership Still Uncertain

Who owns an employee's social media account when it is used to promote the employer's business? This is a hot-button topic and developing area of employment law, and a Pennsylvania federal court recently shed more light on...more

4/18/2013 - Eagle v Edcomm Edcomm Invasion of Privacy Social Media Social Media Account Ownership Social Media Policy

Fenwick Employment Brief: California Court Addresses Admissibility Of "Me Too" Evidence Of Discrimination

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

4/17/2013 - Discrimination Harassment National Origin Discrimination Protected Class Racial Discrimination

Fenwick Employment Brief - April 2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

4/16/2013 - Admissible Employee-Ownership Exemptions I-9 Minimum Wage Protected Class Public Disclosure of Private Facts Sexual Harassment Social Media Wages

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

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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