Sheeva J. Ghassemi-Vanni

Sheeva J. Ghassemi-Vanni

Fenwick & West LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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 answer is maybe, according to the Ninth Circuit’s recent decision in Golden v. Calif....more

5/4/2015 - Business & Professions Code Health Care Providers Hiring & Firing Hospitals Non-Compete Agreements Physicians Reemployment Waivers

New CFRA Regulations Provide Clarification on Leaves of Absence

New California Family Rights Act (“CFRA”) regulations become effective on July 1, 2015. The regulations provide needed clarification and bring the CFRA more closely in line with the federal Family and Medical Leave Act...more

5/3/2015 - CFRA FMLA Leave of Absence

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

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

Employee Lawfully Terminated for Failure to Undergo Psychological Exam

In Kao v. University of San Francisco, a California appellate court upheld a jury’s verdict that the University of San Francisco (“USF”) lawfully terminated a professor who refused to undergo a fitness-for-duty examination....more

9/22/2014 - Fitness for Duty Exams Hiring & Firing Medical Examinations Termination

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, large or small, to provide employees paid sick leave (with limited...more

9/19/2014 - Employee Benefits Employer Liability Issues Employment Policies New Legislation Paid Leave Sick Leave

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

Yelling At Employee And Throwing Book In Her Direction Not Sufficient To Support Hostile Work Environment Claim

In Brooks v. Grundmann, a federal court of appeals in the District of Columbia held that a manager’s conduct amounted to no more than “ordinary tribulations of the workplace” and was thus insufficient to support a minority...more

5/22/2014 - Appeals Employer Liability Issues Hiring & Firing Hostile Environment Title VII Workplace Violence

Employer Can Require Fitness-For-Duty Examination After Return From FMLA Leave

A California appeals court in White v. County of Los Angeles held that an employer could require a fitness-for-duty examination after returning an employee to work based on her medical provider’s certificate, provided that...more

5/21/2014 - Fitness for Duty Exams FMLA Leave of Absence

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace

In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently held that telecommuting may be a reasonable accommodation under the Americans with...more

5/20/2014 - ADA Disability Disability Discrimination Reasonable Accommodation Telecommuting

Fenwick Employment Brief - May 2014

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

5/19/2014 - ADA Disability Disability Discrimination EEOC Employee Rights Fitness for Duty Exams Ford Motor Internships Minimum Wage Telecommuting Unpaid Interns Wages

Employees May Choose to Use Vacation Instead of FMLA or CFRA Leave for Medical Absences

The Ninth Circuit (California) held in Escriba v. Foster Poultry Farms, Inc. that an employee can choose to use vacation instead of leave under the Family and Medical Leave Act (“FMLA”) or California Family Rights Act...more

3/21/2014 - CFRA FMLA Sick Leave Vacation Leave

U.S. Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors

In a landmark whistleblower decision by the United States Supreme Court, Lawson, et al. v. FMR LLC, et al., the Court held that the whistleblower protections under the Sarbanes-Oxley Act of 2002 (“SOX”) apply not only to...more

3/20/2014 - Contractors FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

San Francisco Limits Inquiry into Criminal History of Applicants and Employees

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

3/19/2014 - Background Checks Criminal Background Checks Hiring & Firing

Fenwick Employment Brief - March 2014

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

3/18/2014 - Barack Obama CFRA Contractors Criminal Background Checks Criminal Records Employee Rights Fair Housing Act FLSA FMLA FMR LLC Job Applicants Lawson v FMR Sarbanes-Oxley SCOTUS Sick Leave Subcontractors Wage and Hour Whistleblower Protection Policies Whistleblowers

Recent EEOC Religious Discrimination Cases Are Reminder of Undue Hardship Standard

Over the last few months, the EEOC has settled various religious discrimination lawsuits against employers across the U.S., including California....more

1/21/2014 - EEOC Religious Discrimination Undue Hardship

One-Sided Discrimination Investigation Inadmissible in Court

In Castelluccio v. International Business Machines, a federal district court in Connecticut held that IBM could not introduce evidence of its investigation into an employee’s age discrimination claim due to the one-sided...more

1/20/2014

Failure to Comply with ADEA/OWBPA Does Not Entirely Invalidate Release

A Ninth Circuit opinion, Harmon v. Johnson & Johnson, held that a release of claims that did not comply with the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”),...more

1/17/2014 - ADEA Age Discrimination Compliance OWBPA

EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit

In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent statements made in the employer’s Equal Employment Opportunity Commission (“EEOC”)...more

1/16/2014 - Compliance EEOC Enforcement Termination

Fenwick Employment Brief - January 2014

EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit - In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more

1/15/2014 - ADEA Compliance Discrimination EEOC Employer Liability Issues Investigations McDonalds OWBPA Religious Discrimination Undue Hardship

Is an Honor Vacation Policy Right for My Company? [Video]

Companies in California and across the United States are moving away from traditional vacation accrual policies to unlimited vacation policies, or honor vacation policies. What is an honor vacation policy? How can start-ups...more

10/17/2013 - Accrued Benefits Corporate Culture Employee Benefits Leave of Absence Sick Leave Startups Vacation Leave

Fenwick Employment Brief - August 2013: Marriott Potentially Liable for Injury Following Holiday Party

Although it’s still summer, it’s never too early to start thinking about the annual company holiday party — the food, the conversation, the alcohol — and the liability that can flow from it. In Purton v. Marriott...more

8/20/2013 - Bodily Injury Car Accident DUI Holiday Parties Marriott Wine & Alcohol

Fenwick Employment Brief - August 2013: California: EDD Determination Has Binding Effect on DLSE

In Happy Nails & Spa of Fashion Valley, L.P. v. Su, a California appellate court held that a determination by one state agency was binding on another state agency and precluded the second agency’s contrary finding....more

8/19/2013 - Collateral Estoppel EDD Enforcement Issue Preclusion

33 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×