Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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New Laws Affecting California Employers

The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide arbitration data on their websites, in a...more

10/27/2014 - Arbitration Arbitration Agreements Compliance Discrimination Employee Rights Employer Liability Issues Harassment Internships Sexual Harassment Training Unpaid Interns Workplace Bullying

Fenwick Employment Brief - October 2014

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

10/23/2014 - American Arbitration Association Arbitration Arbitrators Bank Holding Company Customer Lists Discrimination Employer Liability Issues Harassment JAMS join Joint Employers LinkedIn New Legislation Reporting Requirements Retaliation Sexual Harassment Subsidiaries Trade Secrets Training Unpaid Interns Whistleblowers Workplace Bullying

FEHA Limitations Period Cannot be Shortened by Agreement

In Ellis v. U.S. Security Associates, a California Court of Appeal held that an employer’s attempt to shorten the one year statute of limitations to file a harassment claim under FEHA was against public policy and...more

4/29/2014 - Claims Limitations Period FEHA Harassment

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

4/22/2014 - ADA Disability Discrimination EEOC Employee Handbooks Employer Liability Issues Employment Policies FEHA FICA Taxes Harassment Hills and Dales Hiring & Firing NLRB Posting Requirements Reasonable Accommodation SCOTUS SEC Severance Pay Statute of Limitations Title VII Wages Whistleblowers

Fenwick Employment Brief - July 2013: Employee Claiming Retaliation Must Meet Higher Standard of Proof

In another favorable ruling for employers, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar clarified that employees must satisfy a higher “but for” standard of proof to prevail in a Title VII...more

7/24/2013 - Adverse Employment Action But For Causation Discrimination EEOC Employer Liability Issues Harassment Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates - In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State...more

7/23/2013 - Adverse Employment Action Discrimination FEHA Harassment Hiring & Firing Racial Discrimination Retaliation Supervisors Vance v. Ball State University

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: 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

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