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Results: 1-10 of 101

U.S. Supreme Court rules that pharmaceutical sales representatives qualify for outside sales exemption - possible implications for California employers

  • Fenwick & West LLP
  • -
  • USA
  • -
  • July 11 2012

In a favorable decision for employers, the U.S. Supreme Court in Christopher v. SmithKline Beecham Corporation decided that the federal FLSA exemption for an "outside salesman" covered pharmaceutical sales representatives who obtained nonbinding commitments from physicians to prescribe their employer's prescription drugs

Software account manager ruled administrative exempt under FLSA

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

In Verkuilen v. MediaBank, the federal Seventh Circuit Court of Appeals (covering Midwestern states including Illinois) held that an account manager for a software company that provided complex software to advertising agencies was exempt from overtime under the administrative exemption of the federal Fair Labor Standards Act

Employee required to arbitrate vacation pay claim

  • Fenwick & West LLP
  • -
  • USA
  • -
  • June 10 2009

In Sonic-Calabasas A, Inc. v. Moreno, a California court of appeal required an employee to arbitrate his vacation-pay claim despite the state Labor Commissioner's novel objection that the employee should first be allowed to have his claim decided by the Department of State Labor Standards Enforcement ("DLSE") and then arbitrated if the employer was dissatisfied with the DLSE decision

No retaliation for terminating employee seven months after sexual harassment complaint

  • Fenwick & West LLP
  • -
  • USA
  • -
  • June 9 2010

In Burkhart v. American Railcar Industries Inc., the federal Eighth Circuit Court of Appeals dismissed a plaintiff's claim that she was terminated for having complained about sexual harassment seven months before her termination

California employers must comply with state overtime rules with non-residents directed to work within California

  • Fenwick & West LLP
  • -
  • USA
  • -
  • July 7 2011

In a disappointing result for employers with potentially far-reaching consequences, the California Supreme Court ruled in Sullivan v. Oracle Corporation that California employers must apply state overtime rules to out-of-state employees who perform work within California

Same actor inference helps TV station defeat age discrimination claim by news reporters

  • Fenwick & West LLP
  • -
  • USA
  • -
  • July 11 2012

In Schechner v. KPIX-TV, a California court of appeal rejected the age discrimination claims of TV newscasters William Schechner (age 66) and John Lobertini (47

Employer not required to conduct background check, and not liable to customer who was pistol-whipped by employee

  • Fenwick & West LLP
  • -
  • USA
  • -
  • July 11 2012

In Harris v. KFC U.S. Properties, Inc., a federal district court in Pennsylvania ruled that the operator of a Kentucky Fried Chicken outlet in Philadelphia was not liable to a customer who was pistol-whipped by a store clerk

California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims

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

In 2011, the California Supreme Court in Sonic-Calibasas A, Inc. v. Moreno refused to enforce an arbitration agreement where an employee had filed a

Settlement approved of class action over requirement that Footlocker employees wear athletic shoes purchased at employee expense

  • Fenwick & West LLP
  • -
  • USA
  • -
  • November 13 2012

In Kullar v. Footlocker, a California court of appeal approved a settlement of a class action lawsuit for almost $1.3 million covering about 18,000 employees arising out of, among other claims, an employer requirement that the employees wear athletic shoes to work that had to be purchased at the employee's expense

Supervisor's violation of "personal space" sufficed to establish hostile environment claim

  • Fenwick & West LLP
  • -
  • USA
  • -
  • November 10 2010

In Vera v McHugh, an administrative coordinator for the US Army in Puerto Rico was required to share a small office space with her supervisor