Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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Fenwick Employment Brief - April 2015

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment - Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The...more

4/29/2015 - Business & Professions Code CFRA H-1B Hiring & Firing Minimum Wage NLRA NLRB Non-Compete Agreements Offensive Language Protected Activity Termination Visa Caps Wage and Hour

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

Waiting for and Undergoing Security Checks Not Compensable Time

The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift security checks is not compensable under the Fair Labor Standards Act...more

1/15/2015 - Amazon FLSA Integrity Staffing v Busk Internet Retailers NLRB Retailers SCOTUS Security Checks Wage and Hour

NLRB Expands Employees’ Use of Email for Protected Activity

The National Labor Relations Board (“NLRB” or the “Board”) has yet again expanded employees’ rights to discuss the terms and conditions of their employment or otherwise engage in protected activity. In Purple Communications,...more

1/14/2015 - Email Email Policies Employer Mandates NLRB Protected Concerted Activity Purple Communications

Fenwick Employment Brief - January 2015

Waiting for and Undergoing Security Checks Not Compensable Time - The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more

1/13/2015 - Cell Phones Employer Liability Issues Employer Mandates FLSA Integrity Staffing v Busk Labor Code NLRB Paid Leave Reimbursements SCOTUS Security Checks Sick Leave Wage and Hour Whistleblowers

“Egregious” Insubordinate Facebook Post not Protected by NLRA

The National Labor Relations Board (“NLRB”) upheld a San Francisco nonprofit’s decision not to rehire two employees due to their Facebook conversation. In Richmond District Neighborhood Center, the nonprofit ran an...more

12/2/2014 - Facebook Hiring & Firing NLRA NLRB Popular Social Media

Fenwick Employment Brief - September 2014

California Becomes Second State to Mandate Paid Sick Leave - On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers,...more

9/18/2014 - Cell Phones Employee Rights Employer Liability Issues Medical Examinations Mental Health New Legislation NLRB Paid Leave Reimbursements Sick Leave

Activity Before NLRB and WA Supreme Court Highlights Joint Employer Risk

A recent announcement by the National Labor Relations Board’s (NLRB) General Counsel and a Washington Supreme Court decision underscore the risks of potential joint employer liability...more

8/18/2014 - Employee Rights Employer Liability Issues Franchises Franchisors Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

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

NLRB Continues to Scrutinize Employee Handbook Provisions

In Hills and Dales General Hospital, the NLRB recently determined that an employer’s standards of behavior policy that prohibited “negative comments” and “negativity or gossip,” and directed employees to represent the...more

4/28/2014 - Employee Handbooks Employer Liability Issues Employment Policies Hills and Dales NLRB

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

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

Fenwick Employment Brief - December 2013

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

12/16/2013 - Arbitration Arbitration Agreements Class Action Arbitration Waivers Class Certification D.R. Horton Federal Arbitration Act NLRA NLRB

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 - 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 - 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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