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Employer may have acted unlawfully in forcing retirement of employee who was unfit for duty in the "near term"

Fenwick & West LLP
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USA
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January 15 2013

In another police department reasonable accommodation case, Kesecker v. Marin Community College District, a Federal District Court in California

Unions have statutory right to peacefully picket on private property in California

Fenwick & West LLP
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USA
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January 15 2013

In Ralphs Grocery Co. v. UFCW Union Local 8, the California Supreme Court held that a labor union had the right to picket in front of a grocery store

Reminder: new California employment laws effective January 1, 2013

Fenwick & West LLP
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USA
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January 15 2013

California employers should be aware of the various new employment laws that are effective January 1, 2013, including laws regarding the increased

New pregnancy and disability regulations for California employers

Fenwick & West LLP
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USA
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January 15 2013

Effective December 30, 2012, California employers are subject to the new administrative regulations governing disabilitiesincluding those

Agreement to terminate only for "good cause" implied where there was no written "at will" disclaimer

Fenwick & West LLP
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USA
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January 15 2013

Highlighting the importance of written at-will disclaimer language, in Faigin v. Signature Group Holdings, Inc., a California jury awarded $1,347,000

Private social media postings discoverable in sexual harassment lawsuit

Fenwick & West LLP
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USA
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January 15 2013

Affirming that privacy rights often must give way during the discovery phase in employment lawsuits, a Federal District Court in New York required a

Sporadic job duties may still be "essential" for purpose of disability accommodation

Fenwick & West LLP
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USA
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January 15 2013

In Lui v. City of San Francisco, a California Appeals Court determined that job duties performed only occasionally may nevertheless be "essential"

Washington federal court declines to uphold broad non-compete restrictions against California employee

Fenwick & West LLP
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USA
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January 15 2013

Employers are often faced with difficult issues when seeking to hire employees with non-competition restrictions, or seeking to enforce non-compete

Maryland prohibits employers from requesting disclosure of personal user names and passwords

Fenwick & West LLP
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USA
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May 11 2012

On May 2, Maryland became the first state in the country to enact legislation that prohibits employers from asking employee or job applicants to disclose user names, passwords or other login data for personal electronic accounts, including social media accounts

Court enjoins enforcement of NLRB posting requirement

Fenwick & West LLP
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USA
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May 11 2012

Adding to the confusion surrounding the controversial requirement of the National Labor Relations Board that employers post notices informing employees of their rights under the National Labor Relations Act, the Court of Appeals for the District of Columbia issued an emergency injunction blocking enforcement of the rule