Fenwick Employment Brief - January 12, 2010



*California labor commissioner allows employers to deduct from exempt employee leave balance in less than half-day increments

*Employee complaint about unpaid overtime, albeit mistaken, supported wrongful discharge claim

*News Bites

..U.S. Supreme Court To Review Text Message Privacy Case

..Employee Fails To Establish Sexual Harassment Or Retaliation

..Federal ADA Retaliation Claim Does Not Permit Recovery Of Damages

..UPS Settles Delivery Driver Wage Claims For $12.8 Million

..Strong Evidence of Performance Deficiencies Defeats Age and Religious Discrimination Claims

..Non-Exempt Loan Underwriter Involved In “Production” Work

..Federal Defense Contractors Barred From Requiring Employment Arbitration

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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