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  • Article

    SEC Extends Key Jobs Act Benefit For All IPOs And Recently Public Companies

    On June 29, 2017 the U.S. Securities and Exchange Commission announced that it would permit all companies registering for an initial public offering to take advantage of the confidential review process...
    United StatesCorporate/Commercial Law
    Fenwick
    Fenwick
  • Video

    Startup Compensation: Tips To Avoid Liability And Keep Your Investors Happy (Video)

    There are many ways to run afoul of labor laws and spook your investors—one of the most common for startups is "creative" pay practices. In this video, Fenwick employment
    United StatesCorporate/Commercial Law
    Fenwick
    Fenwick
  • Article

    Affordable Care Act Pay Or Play Rules Delayed One Year

    On July 2, the Treasury Department issued a press release announcing that implementation of the "pay or play" rules, or employer shared responsibility rules, of the Affordable Care Act (the "Act") would be delayed for one year.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Bay Area Commuter Benefits Program

    Companies should revisit their commuter benefit plan offerings to ensure compliance with this new program.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Buyer Permitted To Enforce Arbitration Agreement With Acquired Company’s Employees

    DirecTV moved to compel arbitration based on the arbitration agreement that Marenco executed with 180 Connect.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    California's Gender Pay Equality Bill Passes Senate; Heads To State Assembly For Vote

    Following unanimous passage by the California State Senate (38-0), the California Fair Pay Act—considered to be the toughest equal pay law in the country—will be voted on shortly by the California State Assembly.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    California Employers Allowed To Round Employee Time To Nearest One-Tenth Of An Hour For Calculating Overtime

    In a case of first impression, a California court of appeal ruled that employers may round nonexempt employee time to the nearest one-tenth of an hour for purposes of calculating overtime pay.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Company Allowed To Pursue Suit Against Former Employee For Unfair Competition Despite Absence Of Trade-Secret Violation

    In Angelica Textile Services, Inc. v. Park, a California court of appeal considered the issue whether Angelica’s common-law claims for breach of contract, unfair competition, and interference with business relations would be allowed to proceed against a former employee despite the absence of any trade-secret violation
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Court Upholds Use Of Class Member Contact Info To Solicit Clients

    After a former Best Buy employee filed a putative class action alleging misclassification of store managers as exempt, his attorney collected contact information for all putative class members...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    DOL Memo Highlights Continuing Problems With Worker Misclassification And Stepped-Up Enforcement Efforts

    In a U.S. Department of Labor administrator interpretation dated July 15, 2015, the DOL emphasized that worker misclassification is a growing problem among employers and will receive greater scrutiny from the DOL.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    DOL Proposes Exempt Classification Rule

    The federal Department of Labor ("DOL") released a proposed rule to amend the Fair Labor Standards Act's white-collar employee exemptions and the highly compensated employee exemption.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    EEOC Sued For Unauthorized Mass Solicitation E-Mail To Company Employees

    After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a lawsuit.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employee Allowed To Proceed With Age Discrimination Claim After He Was Discharged For Swearing And Raising His Voice

    In Ridout v. JBS USA, LLC, Lyle Ridout was discharged as superintendent at a pork processing plant in Iowa after an incident arising out of an equipment failure.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employer Cannot Waive Unconscionable Portions Of Arbitration Agreement

    The arbitration agreement in Capili contained several substantially unconscionable provisions—including a forum selection clause that designated Indiana as the forum for disputes for California employees...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    FEHA Limitations Period Cannot Be Shortened by Agreement

    A California Court of Appeal held that an employer’s attempt to shorten the one year statute of limitations was against public policy and unenforceable.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Iowa Employee Lawfully Terminated For Absences After Failing To Notify Employer Of Need For FMLA Leave

    In Bosley v. Cargill Meat Solutions, Tanya Bosley worked for Cargill for several years.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Minnesota Employee Complaint That Employer Unlawfully Direct-Deposited Employees' Paychecks Did Not Protect Employee From Termination For Poor Job Performance

    In "Wood v. SatCom Marketing", Wood worked as a Human Resources assistant to the head of HR.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    New FEHA Regulations Impose Additional Policy And Training Requirements On Employers

    Employers should review their applicable policies and training practices for compliance with new California Fair Employment and Housing Act regulations that went into effect this year.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    New Tax Law—Think Twice Before Agreeing Not To Contest UI Claim

    Under amendments to the Unemployment Insurance Integrity Act of 2011 that took effect in late October, employers must now timely and adequately respond to a state unemployment agency's information request about an employee's initial insurance claim.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    New York City Passes Ban-the-Box Ordinance

    Joining San Francisco and other jurisdictions, the New York City Council recently passed legislation restricting when employers may inquire into applicants' criminal histories...
    United StatesEmployment and HR
    Fenwick
    Fenwick

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