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FEHA limitations period cannot be shortened by agreement
  • Fenwick & West LLP
  • USA
  • April 21 2014

In Ellis v. U.S. Security Associates, a California Court of Appeal held that an employer's attempt to shorten the one year statute of limitations to


Federal jury awards $6.2 million in age discrimination suit
  • Fenwick & West LLP
  • USA
  • December 11 2009

Two scientists who claimed they lost their jobs at a chemical manufacturing firm during a round of layoffs were awarded more than $6.2 million in an age discrimination suit against their former employer


Ninth Circuit holds that independent contractors may sue under Rehabilitation Act
  • Fenwick & West LLP
  • USA
  • December 11 2009

In Fleming v. Yuma Regional Medical Center, the Ninth Circuit (San Francisco) ruled that independent contractors, in addition to “employees,” may bring discrimination claims under the Rehabilitation Act


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


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


Unions have statutory right to peacefully picket on private property in California
  • Fenwick & West LLP
  • USA
  • January 15 2013

In Ralphs Grocery Co. v. UFCW Union Local 8, the California Supreme Court held that a labor union had the right to picket in front of a grocery store


Washington federal court declines to uphold broad non-compete restrictions against California employee
  • Fenwick & West LLP
  • USA
  • January 15 2013

Employers are often faced with difficult issues when seeking to hire employees with non-competition restrictions, or seeking to enforce non-compete


Are LinkedIn contacts the employer's trade secrets?
  • Fenwick & West LLP
  • USA
  • October 20 2014

A federal district court in California held in Cellular Accessories For Less, Inc. v. Trinitas LLC that whether LinkedIn contact information can be