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California Supreme Court reinstates disability harassment verdict and clarifies punitive damages standard
- Fenwick & West LLP
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- USA
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- December 11 2009
In a recent decision, the California Supreme Court reinstated a jury verdict of disability harassment but recognized important constitutional limits on the accompanying punitive damages award
California appellate court rejects overly broad non-competition agreement and casts doubt as to continuing viability of trade secrets exception
- Fenwick & West LLP
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- USA
- -
- December 11 2009
Although California has a long-standing prohibition on non-competition agreements, as codified in Business and Professions Code Section 16600, courts have historically allowed such agreements where necessary to protect an employer's trade secrets
Federal Genetic Information Nondiscrimination Act (GINA) effective Nov. 21
- Fenwick & West LLP
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- USA
- -
- December 11 2009
Employers should be aware that the federal Genetic Information Nondiscrimination Act (GINA), enacted in 2008, became effective on November 21, 2009
California Supreme Court upholds broad “privilege” protections for attorney’s wage and hour opinion letter
- Fenwick & West LLP
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- USA
- -
- December 11 2009
In a decision reaffirming the strong protections accorded attorney-client communications, the California Supreme Court held in Costco Wholesale Corp. v. Superior Court that the entirety of an attorney opinion letter created as a result of a company’s internal job classification review should not be produced in any form to the plaintiffs and was not subject to “in camera” review by a court
Significant increase in private sector EEOC claims during 2009
- Fenwick & West LLP
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- USA
- -
- December 11 2009
According to the Equal Employment Opportunity Commission’s 2009 annual report, the agency received 93,277 private sector discrimination charges in 2009
Ninth Circuit holds that independent contractors may sue under Rehabilitation Act
- Fenwick & West LLP
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- USA
- -
- December 11 2009
In Fleming v. Yuma Regional Medical Center, the Ninth Circuit (San Francisco) ruled that independent contractors, in addition to “employees,” may bring discrimination claims under the Rehabilitation Act
Federal jury awards $6.2 million in age discrimination suit
- Fenwick & West LLP
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- USA
- -
- December 11 2009
Two scientists who claimed they lost their jobs at a chemical manufacturing firm during a round of layoffs were awarded more than $6.2 million in an age discrimination suit against their former employer
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- Firm Name - Fenwick & West LLP
- Author - Dan Ko Obuhanych
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