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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

Navigating the Two-Way Street of Workplace Accommodation

The phrase “accommodation is a two-way street” appears often in arbitration and human rights decisions that discuss an employer’s duty to accommodate its employees. That accommodation has been characterized this way means...more

Fenwick Employment Brief - August 2012

In This Issue: Time To Tidy Up Your Arbitration Clause; California Court Provides Insight Into Application And Scope Of Administrative Exemption; NEWS BITES: Employers Can Recover Against Advances On Commissions;...more

Fenwick Employment Brief - May 2012

In This Issue: - Attorney Fees Not Recoverable For Prevailing Party In Meal And Rest Period Cases - EEOC Provides Guidance Regarding Use Of Criminal History In Employment Decisions - News Bites ..Court...more

Employment Law Issues in the Workplace: EEOC Developments

Over the past few years, the Equal Employment Opportunity Commission (EEOC) has shifted its focus towards systemic lawsuits. It has also been able to obtain larger settlements than in the past. This article provides an...more

"Employment Flash" - March 2012

The March 2012 edition covers important new developments in labor and employment law, including the following: - Expanded Protections for Sarbanes-Oxley Whistleblowers; - NLRB Limits Use of Class Action...more

Labor Letter - March 2012

In This Issue: “If They Hate You, They Must Hate Me Too” By Greg Ballew (Kansas City) On February 9, 2012, the U.S. Court of Appeals for the 5th Circuit addressed the issue of whether alleged...more

2012 Employment Law Update : New Developments in Employment Law 2012

Each year, Hopkins & Carley provides its clients and friends with a summary of the new laws and legal developments from the past year that we believe will have the greatest impact on employers. This week, we are happy...more

Legal Alert: Mandatory Mediation in Minnesota

The Minnesota Department of Human Rights (MDHR) announced last month that it is requiring mediation for every charge of discrimination filed with the Department. Previously, the MDHR only offered mediation for early...more

CHRO Attorney Agrees Emphasis at Agency “Has Shifted From MAR to Mediation”

Earlier this week, I wrote about the perception among some that the CHRO has been retaining more cases for investigation by letting more cases through the Merit Assessment Review. These cases that used to be dismissed —...more

Are Any Cases Getting Thrown Out as “Frivolous” at the CHRO Anymore?

State Law Changes To CHRO As I’ve noted before, the CHRO procedures were changed effective October 1, 2011. One question that we had at the time was whether the CHRO would be retaining more discrimination claims by...more

Employers Should Update Their Discrimination Policies in Light of the EEOC's Increased Awards for Discrimination Victims in 2011

Overall, 2011 was a record breaking year for the EEOC. During the 2011 fiscal year, the Equal Employment Opportunity Commission (“EEOC”) won a record-breaking $365 million for discrimination victims. In addition, the EEOC’s...more

New Employment Laws for 2012: Oregon, Washington, and California

Oregon, Washington, and California recently passed legislation effective in 2012 that will directly affect employers with employees in those states. We’ve compiled a summary of the most significant changes. --...more

Fenwick Employment Brief - May 13, 2011

In this issue: Employer May Lawfully Terminate Employee For Disability-Caused Threats of Violence Toward Coworkers; Obligation to "Provide" - As Opposed to "Ensure" - Breaks and Meal Periods Under California Law Gains Further...more

After the Supreme Court’s AT&T Ruling, Are Consumer Class Actions Dead?

According to many sources, the United State’s Supreme Court’s 5-4 ruling in the Concepcion v. AT&T decision is anything but favorable for consumers. The decision allows corporations to ban class actions by using the...more

Labor Letter - April 2011

In This Issue: Seven (Sometimes Surprising) Facts About Mediation By Jennifer Achtert (San Francisco) If you have ever been part of a lawsuit, you are probably aware that somewhere in the range of 95% of...more

Massachusetts Supreme Judicial Court Holds that Arbitration Clause Does Not Preclude MCAD Proceeding

The Massachusetts Supreme Judicial Court recently held that an employee could file a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), despite that she was subject to a valid arbitration agreement...more

Fenwick Employment Brief - March 14, 2011

In this issue: U.S. Supreme Court Validates "Cat's Paw" Theory of Liability; California Courts Continue to Scrutinize Mandatory Employment Arbitration Agreements; Failure to Provide Meal and Rest Periods Subject California...more

Fenwick Employment Brief - July 14, 2010

In This Brief: *Court Revives Age Discrimination Claim, Finding "Me Too" Evidence Admissible *Post-Employment Customer Non-Solicits: Good Practice or Lawsuit Invitation? *U.S. Supreme Court: Unconscionability...more

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