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Results: 1-10 of 95

Home delivery drivers working in California misclassified as contractors
  • Fenwick & West LLP
  • USA
  • July 22 2014

In Ruiz v. Affinity Logistics Corp., the Ninth Circuit Court of Appeals determined that California delivery drivers were improperly classified as


California employees can waive class claims in an arbitration agreement, but not PAGA claims
  • Fenwick & West LLP
  • USA
  • July 22 2014

Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held inIskanian v. CLS Transportation


Obama NLRB appointments declared unconstitutional
  • Fenwick & West LLP
  • USA
  • July 22 2014

Affirming a decision of the D.C Circuit Court of Appeals, the United States Supreme Court held in NLRB v. Noel Canningthat President Obama's January


Professor allowed to prove that her release of claims was procured by fraud
  • Fenwick & West LLP
  • USA
  • July 22 2014

Diane Schmidtwho suffered from fibromyalgiawas a political science professor at California State University in Chico who sued the


Commission allocation across pay periods not permitted to meet commissioned employee exemption compensation requirement
  • Fenwick & West LLP
  • USA
  • July 22 2014

California's wage orders exempt from overtime requirements "any employee whose earnings exceed one and one-half (1 12) times the minimum wage if


Sporadic job duties may still be "essential" for purpose of disability accommodation
  • Fenwick & West LLP
  • USA
  • January 15 2013

In Lui v. City of San Francisco, a California Appeals Court determined that job duties performed only occasionally may nevertheless be "essential"


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


NLRB posting rule held unconstitutional
  • Fenwick & West LLP
  • USA
  • May 14 2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as


Software programmer criminally charged for hacking former employer's network
  • Fenwick & West LLP
  • USA
  • May 14 2013

The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his


Employee not entitled to reinstatement rights after exceeding CFRA leave
  • Fenwick & West LLP
  • USA
  • September 19 2011

In a decision that stresses the importance of timely and accurate CFRA notice and recordkeeping procedures, a California court, in Rogers v. County of Los Angeles, held that an employee who used up her 12 week allotment of CFRA leave and did not return to employment until 19 weeks after her leave began was not entitled to job reinstatement