Saundra Riley

Saundra Riley

Fenwick & West LLP

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Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email

A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of not simply following rote notice procedures, but ensuring such communications...more

12/3/2014 - Constructive Notice Email FMLA FMLA Certification Forms Notice Requirements

“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 - November 2014

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email - A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more

12/1/2014 - Class Action Arbitration Waivers D.R. Horton v NLRB EEOC Employer Liability Issues Facebook FMLA NLRA Notice Requirements Unpaid Interns

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 four hours. In Rhea v. General Atomics, plaintiff Lori Rhea, on...more

8/19/2014 - Accrued Benefits Appeals Employer Liability Issues Exempt-Employees Paid 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

$15M Judgment Reversed Due to Flawed Statistical Sampling Approach to Class Action

In a significant victory for California employers, the California Supreme Court threw out a $15 million judgment in favor of allegedly misclassified employees. In Duran v. U.S. Bank National Association, a putative class of...more

6/20/2014 - Banks Classification Compliance Employee Rights Misclassification Statistical Sampling U.S. Bank National Association Wage and Hour

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 Jong v. Kaiser Foundation Health Plan, Inc., Jong, together with two other...more

6/19/2014 - Employee Rights Kaiser Permanente Off-The-Clock Over-Time Wage and Hour

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

New Tax Law—Think Twice Before Agreeing Not to Contest UI Claim

Under amendments to the Unemployment Insurance Integrity Act of 2011 that took effect in late October, employers must now timely and adequately respond to a state unemployment agency’s information request about an employee’s...more

12/20/2013 - Fines Information Requests Penalties Reporting Requirements Unemployment Benefits

No Duty to Explore Cause of Poor Performance Absent Notice of Correlation to Disability

A federal district court in Washington refused to require an employer, absent some notice from an employee of the need to do so, to investigate the cause of the employee’s poor performance to explore whether it might be...more

12/19/2013 - Disability Essential Functions Hiring & Firing Interactive Process Notice Requirements Performance Reviews Reasonable Accommodation

Discrimination Claim—Based on Association to Disabled Relative—Survives Dismissal Request

In Rope v. Auto-Chlor System of Washington, Inc., plaintiff Scott Rope, a former branch manager for Auto-Chlor, sued his employer for violation of the newly-enacted Michelle Maykin Memorial Donation Protection Act,...more

12/18/2013 - Associational Retaliation Disability Discrimination Employer Liability Issues Motion to Dismiss Termination

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

New Trial To Determine Whether Pregnancy Leave Was “Substantial Motivating Reason” For Termination Upon Return

Following the California Supreme Court’s guidance in Harris v. City of Santa Monica (February 2013 FEB) that an employment action is illegal only where bias is a “substantial motivating factor” for the action, a California...more

10/24/2013 - Harris v City of Santa Monica Maternity Leave Pregnancy Pregnancy Disability Leave Law Substantial Motivating Factor Test Termination

Arbitration Agreement Withstands Challenge For Lack of Notice of Arbitration Rules or Mutuality

In Peng v. First Republic Bank, a former employee asserting discrimination and other claims challenged the enforceability of the arbitration agreement she signed as a condition of employment. Specifically, she asserted that...more

10/23/2013 - Arbitration Arbitration Agreements Employment Contract Notice Requirements

Family-Related Legislative and Ordinance Update

California employers should note the following legislative developments related to employees and their familial obligations: SB 770: Governor Brown signed into law a bill that expands the list of family members for...more

10/22/2013 - Caregivers Discrimination Employee Rights Family Members Retaliation Wages

Putative Class Targets Purported Deficiencies in Employer Meal and Rest Break Policies

Following the California Supreme Court’s Brinker ruling (April 2012 Employment Alert) that a California employer satisfies its meal/rest period obligations by “providing” rather than “ensuring” employees take rest and meal...more

10/21/2013 - Class Action Compliance Employee Rights Putative Class Actions Rest and Meal Break

Employer Liable for Disregarding Complaints About Soiled Toilet, Porn, and Retaliation — Possible Punitive Damages

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

10/18/2013 - EEO EEOC Employer Liability Issues Gender Discrimination Hostile Environment Punitive Damages Retaliation

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 - June 2013: Alert: “Unpaid Interns” Held to be Employees Who Should Have Been Paid

As this FEB went to publication, a federal district court in New York issued an important — and very instructive — decision on the compensation of unpaid interns at for-profit companies. In Glatt v. Fox Searchlight Pictures,...more

6/20/2013 - FLSA Internships Minimum Wage Unpaid Interns Wages

Fenwick Employment Brief - June 2013: Allegedly “Rogue” Employees Expose Employer to Potential Misappropriation Liability

Even though a company took proactive steps to ensure new employees did not bring or use a former employer’s information to their new job, the company may still be on the hook for the subsequent misconduct of allegedly “rogue”...more

6/19/2013 - Confidential Information Disclosure Requirements Liability Misappropriation Trade Secrets

Fenwick Employment Brief - June 2013: Court Rejects Walmart’s Bid to Kick Negligent Hiring Claim by Contractors’ Employees

A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors. In Carrillo v. Schneider Logistics, Inc., plaintiff Everardo...more

6/18/2013 - Contractors Duty of Care Hiring & Firing Negligent Hiring Wal-Mart

Fenwick Employment Brief - June 2013: U.S. Supreme Court Upholds Classwide Arbitration, Finding Arbitrator “Arguably” (Even if...

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

6/17/2013 - Arbitration Arbitration Agreements Class Action Contract Interpretation Oxford Health v Sutter SCOTUS

Fenwick Employment Brief - June 2013

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

6/17/2013 - ADA Arbitration Class Arbitration Contractors Disability Discrimination EEOC Exempt-Employees Facebook Hiring & Firing Misappropriation Non-Exempt Employees Pregnancy Sarbanes-Oxley Social Media Unpaid Interns Wal-Mart

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