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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

Starbucks sued for failing to safeguard employee information

  • Fenwick & West LLP
  • -
  • USA
  • -
  • March 12 2009

In Krottner v. Starbucks Corp., an employee filed a class action against the coffee giant, claiming that the company failed to adequately protect the personal data including names and Social Security numbers of approximately 97,000 employees when a Company laptop was stolen from one of its stores

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

  • Fenwick & West LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

Federal appeals court suggests private employers may be bound by their FMLA (mis)representations

  • Fenwick & West LLP
  • -
  • USA
  • -
  • August 14 2009

In Nagle v. Acton-Boxborough Regional School District, the First Circuit Court of Appeals held that a former school district employee, who had not worked enough hours to be FMLA eligible, could not pursue a FMLA interference claim despite an allegation that a deputy superintendent orally approved the FMLA leave

California Supreme Court clarifies workplace privacy limits in video surveillance case

  • Fenwick & West LLP
  • -
  • USA
  • -
  • August 14 2009

Balancing employee privacy rights and an employer's right to monitor its workplace is a challenge

Washington arbitration agreement enforceable despite unconscionable provisions

  • Fenwick & West LLP
  • -
  • USA
  • -
  • August 14 2009

In Walters v. AAA Waterproofing, Inc., the plaintiff sued his former employer in Washington state court for unpaid overtime compensation

FLSA liquidated damages proper where company aware of extra work

  • Fenwick & West LLP
  • -
  • USA
  • -
  • August 14 2009

Overtime violations under the FLSA trigger liability for both the unpaid overtime as well as liquidated damages, i.e., a penalty equal to the amount of unpaid overtime

Company's bankruptcy does not prevent personal liability for wage violations

  • Fenwick & West LLP
  • -
  • USA
  • -
  • August 14 2009

Companies in severe financial distress often seek refuge in bankruptcy