Mona Clee

Fenwick & West LLP

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California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims

In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy...more

9/25/2015 - AFL-CIO Arbitration Class Action Arbitration Waivers Federal Arbitration Act Governor Brown Labor Code Mandatory Arbitration Clauses New Legislation Pre-Employment Agreements Preemption

Fenwick Employment Brief

California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims - In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will...more

9/24/2015 - Advance Notice Ban the Box California Family Rights Act (CFRA) DOL EEO-1 Executive Orders Federal Contractors Governor Brown Health Insurance Mandatory Arbitration Clauses Medical Reimbursement PAGA Pre-Employment Agreements Premiums PTO Sick Leave Unpaid Trainee

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: 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 Race 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

The Supreme Court’s DOMA Decision: What Does it Mean for Employee Benefit Plans?

On June 26, 2013, in U.S. v. Windsor, the United States Supreme Court struck down the portion of the Defense of Marriage Act (“DOMA”) that defined marriage as a legal union between one man and one woman. This decision will...more

7/16/2013 - 401k Civil Unions COBRA DOMA Domestic Partnership Employee Benefits ERISA Healthcare Marriage Retirement Plan Same-Sex Marriage SCOTUS US v Windsor Visas

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