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Results: 1-10 of 101

Long-awaited California Supreme Court decision resolves thorny meal period and rest break issues favorably for employers

  • Fenwick & West LLP
  • -
  • USA
  • -
  • April 17 2012

In a long-awaited and ultimately favorable decision for employers, the California Supreme Court served up much needed clarification regarding an employer's wage and hour obligations to hourly workers

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

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

Court refuses to enforce invention assignment agreement as unlawful noncompete

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

In Applied Materials v. Advanced Micro-Fabrication Equipment Company, the federal district court for the Northern District of California refused to enforce an invention assignment clause that required former employees to assign inventions disclosed within one year of termination of employment if the invention related to work performed by the employee for the employer

Company not required to reinstate temporary employee after FMLA leave of absence where temp agency did not request that employee be reinstated

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

In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to

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

Retaliation against employee for filing worker’s compensation claim does not support california wrongful termination claim

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

In Dutra v. Mercy Medical Center Mt. Shasta, the employee sued alleging, among other claims, that the hospital wrongfully terminated her in violation of public policy in retaliation for having filed a workers' compensation claim

Rite Aid to pay almost $21 million to settle class action suits for unpaid overtime by assistant store managers

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

A federal district court in Pennsylvania gave preliminary approval in Craig v. Rite Aid Corporation to a settlement of fifteen wage and hour class action lawsuits brought by assistant store managers and co-managers against Rite Aid in 30 states and the District of Columbia

Contradictory performance evidence allows FMLA claim to proceed to trial

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

In Goelzer v. Sheboygan County, an administrative assistant on several occasions took an FMLA leave for surgery and to care for family members

Employee complaint about unpaid overtime, albeit mistaken, supported wrongful discharge claim

  • Fenwick & West LLP
  • -
  • USA
  • -
  • January 12 2010

In Barbosa v. IMPCO Technologies, plaintiff, a lead carburetor assembler, complained to payroll that he and others in his work unit were underpaid their overtime pay and asserted that perhaps the time clock was wrong