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 Challenge to be Determined By Arbitrator, Not Court


..U.S. Supreme Court: NLRB Two-Member Panels Lacked Ruling Authority

..Same-Sex Partners And Others Without Biological Or Legal Parent-Child Relationship Potentially Eligible For Child-Related FMLA Leave

..Harassment Claim Revived, Sexual Attraction Not Prerequisite

..Wells Fargo Posed To Settle Two Overtime Actions For Over $7.9 Million

..Depressed Dispatcher Unfit For Duty, Lacked Disability Or FMLA Claim

..Third-Party Retaliation Claim Captures Spot On U.S. Supreme Court Docket

..Court Erred In Failing To Certify Overtime Claim Challenging Regular Rate Calculation

..Total Annual Representation Elections Down Since 1997, But Unions More Successful

..Fenwick & West To Hold A Breakfast Briefing On Social Networking – September 16

Please see full brief below for more information.

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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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