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Employee with authorization to access company documents did not violate any law by copying files before resigning
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In LVRC Holdings LLC v. Brekka, the Ninth Circuit ruled that an employee did not violate the Computer Fraud and Abuse Act (CFAA) by emailing numerous company files to his personal email account prior to his termination
Washington State Court decides that employers need not accommodate employee use of medical marjiuana
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In Roe v. TeleTech Customer Care Management, LLC, a job applicant informed her prospective employer, TeleTech, that she used medical marijuana at home with medical authorization to do so under the Washington State Medical Use of Marijuana Act (MUMA
Employees need not complain of every discriminatory comment to support a finding of protected activity and reasonable belief of discrimination
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In Equal Employment Opportunity Commission v. Go Daddy Software, Inc., the Ninth Circuit held unreported workplace comments are relevant in retaliation cases to determine whether an employee engaged in protected activity by complaining of discrimination
Federal appellate court rules that laid-off employees must meet higher standard of proof in discrimination cases
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In Geiger v. Tower Automotive, the Sixth Circuit Court of Appeals (Cincinnati) held that employees who have been terminated as part of a workforce reduction must meet a higher standard of proof to establish a valid claim for age discrimination
Ninth Circuit rules that physical capacity evaluation may constitute a prohibited medical examination under the ADA
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In Indergard v. Georgia-Pacific Corp., an employee was required to participate in a physical capacity evaluation (PCE) prior to returning to work after surgery
Subjective criteria not allowed to defeat a prima facie case of discrimination
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In Nicholson v. Hyannis Air Service, Inc., Tiffany Nicholson sued her former employer for gender discrimination after she was suspended from flying due to problems with "communication and cooperation" skills
Applicability of California wage laws to nonresidents subject to review
- Fenwick & West LLP
- -
- USA
- -
- March 12 2009
In Sullivan v. Oracle Corp., a three-judge panel of the Ninth Circuit Court of Appeals held that California's overtime laws applied to work performed in the state by nonresident employees
Release of claims for overtime wages upheld
- Fenwick & West LLP
- -
- USA
- -
- March 12 2009
Obtaining a full release of claims from an employee who claims that he or she was not properly paid wages is complicated by California Labor Code 206.5, which prohibits conditioning a release for wages that are undisputedly owed
California Supreme Court reinstates disability harassment verdict and clarifies punitive damages standard
- Fenwick & West LLP
- -
- USA
- -
- 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
- -
- 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
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