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  • Article

    No Duty To Explore Cause Of Poor Performance Absent Notice Of Correlation To Disability

    A federal district court in Washington refused to require an employer, absent some notice from an employee of the need to do so, to investigate the cause of the employee’s poor performance to explore whether it might be caused by a known disability.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    NY DOL Improved Policies And Process Fuel Record Wage Recovery In 2014

    On July 24, 2014, the New York Department of Labor released a mid-year update on its progress in fighting wage theft.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Obama NLRB Appointments Declared Unconstitutional

    The United States Supreme Court held that President Obama’s January 2012 recess appointments to the National Labor Relations Board were unconstitutional.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Presidential Memorandum Calls For Updates To Federal Wage And Hour Laws

    President Obama signed a Memorandum directing the Secretary of Labor to "propose revisions to modernize and streamline the existing overtime regulations".
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    REMINDER: California Minimum Wage And Minimum Exempt Salary Increase July 1, 2014

    Effective July 1, 2014, California’s minimum wage will increase from $8 to $9.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Reminder — California Minimum Wage Increase July 2014

    Effective July 1, 2014, California’s minimum wage will increase from $8 to $9.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Retaliation Claim Fails Where Employer Not Aware Of Whistleblowing Activity

    A California federal district court held that absent evidence that an employer knew of the alleged protected activity, an employee cannot assert a claim under California’s whistleblower statute.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Retaliation Claim For Complaining Of Sexually Suggestive Sniffing Revived

    In "Royal v. CCC&R Tres Arboles, LLC", the federal Fifth Circuit Court of Appeals revived an employee’s retaliation claim where she was fired shortly after she complained about coworkers subjecting her to sexually suggestive sniffing.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    San Francisco Employers Must Provide Paid Parental Leave To Employees

    San Francisco employers with twenty or more employees should review their parental leave policies in light of the new city ordinance.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Tacoma Employers Must Provide Paid Leave Starting February 2016

    The ordinance takes effect February 1, 2016.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Verbal Disclosure Of Private Facts Actionable

    A California appellate court expanded the basis for a public disclosure of private facts claim in "Ignat v. Yum! Brands, Inc."
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Yelp Sued By Volunteer Writers For Alleged Misclassification And Unpaid Wages

    In Panzer v. Yelp, plaintiffs filed a lawsuit in the U.S. District Court for the Central District of California alleging they should be compensated for their work as writers and editors of online reviews on Yelp, and that they were improperly classified as volunteers.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Legally-Married Spouses, Including Same-Sex Couples, Now Enjoy FMLA Protection Regardless Of Law Of Residence

    On February 25, 2015, the federal Department of Labor ("DOL") issued a Final Rule revising the definition of the term "Spouse" under the federal Family and Medical Leave Act ("FMLA") regulations.
    United StatesFamily and Matrimonial
    Fenwick
    Fenwick
  • Article

    California Appellate Court Affirms "Bad Faith" Attorney Fees Award In Competitor Suit Aimed At Chilling Employee Mobility

    Trade secret litigation aimed at chilling the free mobility of employees is an all too common occurrence, particularly in hot markets like the technology sector.
    United StatesIntellectual Property
    Fenwick
    Fenwick
  • Article

    DMCA Safe Harbors De-Coded: 17 U.S.C. Section 512 Re-Organized In More Logical Order

    Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn't make much sense. Provisions governing related matters are often scattered through the section, and because the order is not logical, it is difficult to recall where important provisions are to be found.
    United StatesIntellectual Property
    Fenwick
    Fenwick
  • Article

    Government Funds To Good Use: Helping Small Businesses With First-Time Patent Costs

    As many of you know, the Federal Circuit's decision in Trading Technologies was the first time a graphical user interface had been found patent eligible by the Federal Circuit.
    United StatesIntellectual Property
    Fenwick
    Fenwick
  • Article

    Trading Technologies Decision Stands, Federal Circuit Denies CQG Petitions For Rehearing

    As many of you know, the Federal Circuit's decision in Trading Technologies was the first time a graphical user interface had been found patent eligible by the Federal Circuit.
    United StatesIntellectual Property
    Fenwick
    Fenwick
  • Article

    What Game Developers Need To Know About Copyright Protection

    Last year, consumers spent more than $21 billion on the video game industry.
    United StatesMedia, Telecoms, IT, Entertainment
    Fenwick
    Fenwick
  • Article

    International Tax Reform For US Individuals And Pass-Through Entities (Video)

    The recent Tax Cuts and Jobs Act has revolutionized the U.S. taxation of international income earned from outbound investment and business operations.
    United StatesTax
    Fenwick
    Fenwick
  • Article

    The Power Of Persuasion: Recent Findings From Stanford University On AI-Generated Messaging

    A recent experiment from researchers at Stanford University's Polarization and Social Change Lab and the Institute for Human-Centered Artificial Intelligence found that AI-generated...
    United StatesTechnology
    Fenwick
    Fenwick

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