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Results: 1-10 of 95

No showing that “primarily engaged in” requirement met where executive employee spent more than 50 of time performing non-exempt duties
  • Fenwick & West LLP
  • USA
  • February 18 2014

In Guilfoyle v. Dollar Tree Stores, Inc., a federal district court in California held that an employer was unable to meet the "primarily engaged in"


New law makes recovery of attorneys’ fees and costs against employees in wage nonpayment lawsuits difficult
  • Fenwick & West LLP
  • USA
  • September 17 2013

On August 26, Governor Jerry Brown signed into law an amendment to Section 218.5 of the California Labor Code, which requires courts in lawsuits for


EEOC sued for unauthorized mass solicitation e-mail to company employees
  • Fenwick & West LLP
  • USA
  • September 17 2013

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class


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


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


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"


Employee terminated for stealing caused by disability entitled to discrimination trial
  • Fenwick & West LLP
  • USA
  • April 21 2014

Is an employer allowed to enforce a uniformly-applied workplace conduct policy against an employee whose misconduct was caused by her disability? A