Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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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

Fenwick Employment Brief - October 2013

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

10/17/2013 - Arbitration Arbitration Agreements Employer Liability Issues Gender Discrimination Hostile Environment Minimum Wage Pregnancy Retaliation Termination

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

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

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 - Admissibility Employee-Ownership Exemptions I-9 Minimum Wage Protected Class Public Disclosure of Private Facts Sexual Harassment Social Media Wages

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