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Fenwick employment brief - September 2015

USA - September 23 2015 In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory...

Daniel J. McCoy, Saundra L. M. Riley.

Employees must be paid for on-call time while required to stay on work premises

USA - July 19 2013 In Mendiola v. CPS Security Solutions, Inc., a California Court of Appeal ruled that security guards must be paid for time spent on-call where they...

Daniel J. McCoy, Allen Kato.

Employee allowed to proceed with age discrimination claim after he was discharged for swearing and raising his voice

USA - July 19 2013 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...

Daniel J. McCoy, Allen Kato.

Coca-Cola Company properly required employee to undergo mental examination after employee threatened co-workers

USA - July 19 2013 In Owusu-Ansah v. The Coca-Cola Company, the employee challenged the employer's requirement that he undergo a mental examination as a condition of...

Daniel J. McCoy, Allen Kato.

DOMA and Prop 8 rulings clear the way for same-sex marriages in California and require changes in employee benefits

USA - July 19 2013 In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act ("DOMA") as unconstitutional. DOMA, for purposes of...

Daniel J. McCoy, Allen Kato.