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  • Article

    Commission Allocation Across Pay Periods Not Permitted To Meet Commissioned Employee Exemption Compensation Requirement

    The California Supreme Court in Peabody v. Time Warner Cable, Inc. clarified that employers may not allocate commissions paid in one pay period to other pay periods.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement

    In a seemingly unjust result for the employer, a California court of appeal recently refused to enforce an unsigned arbitration agreement against a human resources director who repeatedly misled her employer into thinking she had signed it.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Court Rejects Walmart’s Bid To Kick Negligent Hiring Claim By Contractors’ Employees

    A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Discrimination Plaintiff Bound By Oral Release Of Claims Despite Later Changing Mind

    After defense counsel reduced the settlement terms to writing and requested that the plaintiff execute the settlement agreement, the plaintiff refused.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employee's California Wage And Hour Class Action Continues, Texas Forum Selection Clause Unenforceable For Public Policy Reasons

    In Verdugo v. AlliantGroup, L.P., a California appeals court disregarded a forum selection clause requiring a California employee to pursue her wage and hour claims in Texas under Texas law, finding the clause violated California public policy.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employee Asked To Wear French Maid's Costume Not Sexual Harassment

    In "Westendorf v. West Coast Contractors of Nevada, Inc.", the Ninth Circuit upheld the dismissal of a sexual harassment complaint.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employee Terminated For Stealing Caused By Disability Entitled To Discrimination Trial

    Is an employer allowed to enforce a uniformly-applied workplace conduct policy against an employee whose misconduct was caused by her disability?
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employer Liable For Disregarding Complaints About Soiled Toilet, Porn, And Retaliation — Possible Punitive Damages

    In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and retaliation.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Family-Related Legislative And Ordinance Update

    California employers should note the following legislative developments related to employees and their familial obligations:
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Holding Company With No Employees May Be The Employer Of Its Subsidiary’s Employees

    A California court of appeal held that a corporation that had no employees of its own, but owned and allegedly exercised control over a corporation with employees, may be the co-employer of the controlled corporation’s employees.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Home Delivery Drivers Working In California Misclassified As Contractors

    Affinity also assisted by completing the necessary forms for Ruiz, such that all he needed to do was to sign the documents.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Joint Employers Potentially Liable For Involvement In Co-Joint Employer's Worker Misclassification, But No Private Right Of Action

    In Noe v. Superior Court, Anschutz Entertainment Group (AEG) owned several entertainment venues, contracting with Levy Premium Foodservice for concessions at the venues.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    New Laws Affecting California Employers

    The 2014 legislative session is in the books, and it produced several new laws affecting employers in California.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Now we are Making Sense – Revised Grant Date Rules for Options

    At a meeting earlier this year, the Financial Accounting Standards Board ("FASB") announced that, pursuant to FAS Statement 123(R), the grant date of an option would not occur until the employee had been notified of the material terms of the option grant.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Substantive Fairness Overcomes Elements Of Procedural Unconscionability In Mandatory Arbitration Agreement

    A Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that despite some elements of procedural unconscionability, a mandatory arbitration agreement entered into at the inception of employment would be enforced because the substantive terms of the agreement were fair.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Supreme Court Confirms FICA Taxes Must Be Withheld From Severance Payments

    The United States Supreme Court held that severance payments are taxable wages under the Federal Insurance Contributions Act.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Unpaid Interns Subject To Primary Beneficiary Test Under Federal Law

    Three unpaid interns who worked on the Black Swan film sued Fox claiming they were owed minimum wage and overtime for their work.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Update On Recent And Anticipated Federal Regulatory Developments

    Federal white collar exemptions: According to the Department of Labor's most recent Semiannual Regulatory Agenda, proposed rules revising the regulations implementing the federal Fair Labor Standards Act are expected this month.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    U.S. Supreme Court Expands SOX Whistleblower Protection To Employees Of Private Contractors

    Whistleblower protections under the SOX Act also apply to employees of private contractors and subcontractors who contract with public companies.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Whistleblower Statute Protects Employees From Retaliation For Reporting Personal Matters

    Cardenas was a dental hygienist. She received an expensive ring from her husband for her twenty-fifth wedding anniversary.
    United StatesEmployment and HR
    Fenwick
    Fenwick

Showing 321–340 of 2529 results

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