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Results: 1-10 of 83

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

Substantive fairness overcomes elements of procedural unconscionability in mandatory arbitration agreement

  • Fenwick & West LLP
  • -
  • USA
  • -
  • May 14 2013

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in

Courts continue to wrestle with FLSA outside sales exemption

  • Fenwick & West LLP
  • -
  • USA
  • -
  • March 14 2011

Two recent federal court decisions confirm that the FLSA overtime exemption for "outside sales" employees continues to be a tricky and unsettled area of law

Employment relationships defined by California Labor Code and not by contract

  • Fenwick & West LLP
  • -
  • USA
  • -
  • August 11 2010

Employees working in California are entitled to the protections of the California Labor Code, regardless of whether their contracts specify the application of another state's law

Court clarifies distinctions between sabbatical and vacation policies

  • Fenwick & West LLP
  • -
  • USA
  • -
  • September 19 2011

Under California law, accrued vacation is a form of wages, vests as work is performed, and must be paid out on termination of employment

U.S. Supreme Court validates "cat's paw" theory of liability

  • Fenwick & West LLP
  • -
  • USA
  • -
  • March 14 2011

In a troubling decision for employers, the United States Supreme Court has endorsed the so-called "cat's paw" doctrine of employment discrimination

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

"Me too" sexual harassment evidence admissible

  • Fenwick & West LLP
  • -
  • USA
  • -
  • September 19 2011

In a troubling case for employers, a California court of appeal held in Pantoja v. Anton that it was prejudicial error for a trial court to exclude so-called "me too" evidence of sexual harassment of other employees

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

  • Fenwick & West LLP
  • -
  • USA
  • -
  • January 15 2013

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

Walmart potentially liable for wage violations as joint employer of subcontractors’ employees

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 18 2014

Finding that ample evidence existed that Walmart exercised control over the working conditions of the workers employed by Walmart's warehouse