Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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Latest Posts › FMLA


Fenwick Employment Brief - July 2015

New Amendments Clarify California Paid Sick Leave - This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more

7/28/2015 - Accrued Benefits Administrative Interpretation Credit Checks DLSE DOL Employee Rights Employment Policies FLSA FMLA Healthy Workplaces Healthy Families Act 2014 Hiring & Firing Independent Contractors Minimum Wage Paid Leave Primary Beneficiary Test Sick Leave Unpaid Interns Wage and Hour White-Collar Exemptions

New CFRA Regulations Provide Clarification on Leaves of Absence

New California Family Rights Act (“CFRA”) regulations become effective on July 1, 2015. The regulations provide needed clarification and bring the CFRA more closely in line with the federal Family and Medical Leave Act...more

5/3/2015 - California Family Rights Act (CFRA) FMLA Leave of Absence

Fenwick Employment Brief - March 2015

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...more

3/27/2015 - Arbitration Best Practices Employee Handbooks Employment Contract FMLA Independent Contractors NLRB Paid Leave Recruitment Policies Same-Sex Marriage

Termination Of Employee For Engaging In Outside Work While On FMLA/CFRA Upheld, But “Honest Belief” Standard Not Addressed

In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on...more

2/24/2015 - Arbitration Arbitrators AutoNation CA Supreme Court Car Dealerships FMLA Termination

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 of not simply following rote notice procedures, but ensuring such communications...more

12/3/2014 - Constructive Notice Email FMLA FMLA Certification Forms Notice Requirements

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 - July 2013: DOMA and Prop 8 Rulings Clear the Way for Same-Sex Marriages in California and Require...

In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only between “one man and one...more

7/26/2013 - DOMA Employee Benefits FMLA Healthcare Hollingsworth v Perry Marriage Proposition 8 Same-Sex Marriage SCOTUS US v Windsor

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 Mixed Motive Cases NLRB Parol Evidence Public Policy Recess Appointments Suitable Seats Lawsuits Termination Unconscionable Contracts

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