Fenwick Employment Brief

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IN THIS ISSUE:

*Employer Violated Employee Privacy By Accessing Personal Text Messages

*No Match Letters Did Not Give Employer Basis To Discharge Employees

*"Same Actor" Evidence Did Not Prevent Discrimination Case

*Employee Established Constructive Discharge in "Preemptive" Retaliation Case

*NEWS BITES:

..Employer Must Prove Reasonable Factors Other Than Age In Federal ADEA Disparate Impact Case

..Union Representative Must Return Salary After Launching Competitive Union While Still Employed

..Lost Wages Recoverable Under FMLA, But Not Emotional Distress or Punitive Damages

..UPS Driver Allowed To Proceed With Disability Claim Arising Out Of Heart Condition

..City's Pre-Employment Drug Testing Unconstitutional

..NLRA Preempts California Law Prohibiting Use Of State Funds To Oppose Union Organizing

..Hayward Living Wage Ordinance Applied To Contractor's Employees Outside Of City

..Secretary May Pursue Harassment And Retaliation Suit Based Upon Boss's Pornographic Video Habit

Please see full bulletin for more information.

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