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  • Article

    $4.6M Jury Verdict In Retaliation Lawsuit Confirmed

    Finding that the damages were supported by the facts and the law, a federal district court in California affirmed a jury award for $4,650,000 in favor of a supervisory employee who was fired after she raised concerns to management about possible California rest period violations.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    24 Hour Fitness Settles Overtime Claims By Trainers And Managers For $17.5 Million

    The operator of a national chain of fitness centers agreed to settle the wage claims of over 860 trainers and managers for about $17.5 million.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Computer Software Exemption Salary Requirement

    The salary requirement for California's computer software employee exemption increased this year, effective January 1, 2013.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    EEOC Focuses On Transgender Rights

    Employers are required by law to reasonably accommodate transgender employees, including as to their dress and appearance, as well as bathroom usage, among other issues.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Massachusetts Employee Did Not Violate Non-Solicitation Provision By Posting New Contact Information On Linkedin

    In KNF&T Staffing v. Muller, a staffing agency in Boston sought injunctive relief against a former employee over alleged violation of a noncompetition agreement (such agreements are enforceable in Massachusetts, unlike in California).
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    No FEHA Violation For Refusing To Rescind Resignation Of Disabled Employee

    In Featherstone v. Southern California Permanente Medical Group, a California appellate court dismissed claims by a disabled employee asserting wrongful termination and disability discrimination...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Refusal To Provide Alternative Pre-Employment Testing To Pregnant Applicant Violated ADA

    An Orange County jury awarded plaintiff Dahlia Vargas, a candidate for a dispatcher position in Long Beach’s police department, $54,000 in damages.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Reminder: EEO-1 Reports Due On October 30 (Deadline Extended)

    The Equal Employment Opportunity Commission has updated the survey and online platform for submitting the reports.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Reminder: Increase In Minimum Salary For California Computer Professional Exemption

    Effective January 1, 2015, the minimum salary for the computer professional exemption in California has increased to $85,981.40 for full-time employment, or $41.27 an hour.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Reminder: Notice Required Prior To Mandating Use Of Accrued Vacation/PTO During Holiday Shutdown

    The end of year holidays, when many companies shut down for one or even two full weeks, are just over three months away.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Reminder: Obamacare Employer Mandate Begins

    Effective January 1, 2015, the employer mandate of the Patient Protection and Affordable Care Act requires employers with 100 or more full-time employees to provide affordable health care...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Ruby Tuesday Settles Female-Only Job Claim For $100K

    The EEOC asserts the restaurant violated federal anti-discrimination law when it selected women for the summer jobs, preventing the male candidates from transferring into the positions.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    San Francisco Minimum Wage Increase

    On May 1, 2015, the San Francisco minimum wage will increase to $12.25 per hour.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    San Jose Minimum Wage Ordinance

    San Jose's Minimum Wage Ordinance, effective March 11, 2013, requires employers to pay employees at least $10.00 per hour for work performed within the city.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    U.S. Senate Passes The Employment Non-Discrimination Act; House Passage Is Uncertain

    The U.S. Senate passed the Employment Non-Discrimination Act ("ENDA"). Like Title VII of the Civil Rights Act, ENDA applies to employers with 15 or more employees, and prohibits discrimination against employees on the basis of sexual orientation or gender identity.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Wrongful Discharge Plaintiff Required To Disclose Cell Phone Records

    The plaintiff in Kamalu v. Walmart Stores, Inc. filed a wrongful termination lawsuit against her former employer, claiming that Walmart’s proffered rationale for her termination – that Kamalu misrepresented her work hours – was false.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    H-1B Cap Reached For Fiscal Year 2016

    Earlier this month, United States Citizenship and Immigration announced that it will no longer accept H-1B petitions under the fiscal year 2016 cap or the advanced degree exemption.
    United StatesImmigration
    Fenwick
    Fenwick
  • Video

    Foundation For Sustainable Rule Of Law Initiatives (Video Content)

    Foundation For Sustainable Rule Of Law Initiatives
    United StatesLitigation, Mediation & Arbitration
    Fenwick
    Fenwick
  • Article

    The New Brandeisians Are Here

    Those who follow U.S. antitrust policy from afar often give more importance than is due to asserted changes in policy that have accompanied transitions in Presidential Administrations...
    United StatesAntitrust/Competition Law
    Fenwick
    Fenwick
  • Article

    COVID-19 Videocast Series - Episode 1: Conversations From Our Public Tech Company Virtual Situation Room (Video)

    These periodic videocasts discuss key topics that you, your company, board, board committees, and public reporting and compliance teams need to focus on during the current COVID-19 pandemic
    United StatesCoronavirus (COVID-19)
    Fenwick
    Fenwick

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