California Legislative Update -
In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more
1/21/2017
/ Antitrust Violations ,
Arbitration Agreements ,
Background Checks ,
Cell Phones ,
Choice-of-Law ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Company Vehicles ,
Computer Software Workers ,
Criminal Records ,
Department of Labor (DOL) ,
Disability Discrimination ,
Domestic Violence ,
Drivers ,
EEO-1 ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Pay Act ,
Fair Pay and Safe Workplaces ,
Governor Brown ,
Human Resources Professionals ,
Injunctions ,
Juveniles ,
Local Ordinance ,
Mental Health ,
Minimum Salary ,
Minimum Wage ,
National Origin Discrimination ,
NLRB ,
No-Poaching ,
Notice Requirements ,
NYDOL ,
Off-Duty Employees ,
On-Duty Meal Period Waivers ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Payroll Records ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retaliation ,
Ridesharing ,
Sick Leave ,
State Labor Laws ,
State-Run Retirement Plans ,
Strategic Enforcement Plan ,
Venue ,
Wage and Hour ,
Wage Statements ,
Wage-Fixing ,
White-Collar Exemptions
2016 brought several employment law developments that will undoubtedly affect your workplace. The Fenwick & West Employment Practices Group invites you to attend its annual complimentary briefing to learn more about the most...more
12/12/2016
/ Arbitration ,
Class Action Arbitration Waivers ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Events ,
LGBTQ ,
NLRB ,
Paid Leave ,
Separation Agreement ,
Sick Leave ,
Social Media Policy ,
Unfair Competition ,
Wage and Hour
Mandatory employment arbitration agreements suffered a significant blow last week, when the U.S. Court of Appeals for the Ninth Circuit (covering California, Washington, and other western states) found illegal and...more
Bag Checks for Apple Employees Not Compensable Time -
Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for...more
12/22/2015
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Members ,
Compensation ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Legal Ethics ,
Reasonable Accommodation ,
SCOTUS ,
Summary Judgment ,
Wage and Hour
In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court’s Iskanian v. CLS Transportation Los Angeles, LLC decision (originally summarized in our June 2012 issue), which held...more
In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy...more
Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide helpful reminders for employers drafting, reviewing or enforcing arbitration...more
Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email -
A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more
Partial-Day Leave Deductions Lawful for Exempt Employees -
A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more
8/15/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
NLRA ,
NLRB ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Retaliation
Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more
In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American Express (“AMEX”) arbitration agreement despite a restaurant’s objection that the...more
In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State University ruled that employers are strictly liable for harassment by a supervisor where the supervisor is empowered to take tangible...more
7/22/2013
/ Adverse Employment Action ,
Affordable Care Act ,
Class Action Arbitration Waivers ,
Delays ,
DOMA ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Harassment ,
Proposition 8 ,
Retaliation ,
Same-Sex Marriage ,
SCOTUS ,
Supervisors ,
Title VII ,
US v Windsor ,
Vance v. Ball State University ,
Vicarious Liability
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
12/19/2012
/ California Family Rights Act (CFRA) ,
Class Action ,
Class Action Arbitration Waivers ,
Discrimination ,
Federal Arbitration Act ,
Honest Belief Defense ,
NLRB ,
Social Media ,
Social Media Policy ,
Supervisors ,
Title VII