Daniel J. McCoy

Daniel J. McCoy

Fenwick & West LLP

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Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation

Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more

6/26/2015 - Abercrombie & Fitch Disparate Treatment Dress Codes EEOC EEOC v Abercrombie Hiring & Firing Job Applicants Religious Accommodation Religious Clothing Religious Discrimination SCOTUS Title VII

Fenwick Employment Brief - June 2015

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

6/24/2015 - Abercrombie & Fitch Ban the Box DOL Dress Codes EEOC EEOC v Abercrombie Employee Restrooms Employer Liability Issues FLSA Hiring & Firing Job Applicants Joint Employers Misclassification OSHA Paid Leave Religious Accommodation Religious Clothing Religious Discrimination SCOTUS Title VII Transgender Wage and Hour

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

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

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, Inc. held that such payments are taxable wages – and thus subject to withholding –...more

4/23/2014 - FICA Taxes Quality Stores SCOTUS Severance Pay Wages

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: 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 - July 2013: Waiver of Class Action Remedy Enforced Even Though Anticipated Costs of Individual...

In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American Express (“AMEX”) arbitration agreement despite a restaurant’s objection that the...more

7/25/2013 - American Express American Express v Italian Colors Restaurant American Recovery and Reinvestment Act Arbitration Arbitration Agreements Class Action Arbitration Waivers SCOTUS

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

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 - 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

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