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Results: 1-10 of 99

Retaliation claim fails where employer not aware of whistleblowing activity
  • Fenwick & West LLP
  • USA
  • October 20 2014

In United States of America ex rel. Darryn Kelly v. Serco, Inc., a California federal district court held that absent evidence that an employer knew


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


Prevailing FEHA defendant not entitled to litigation costs unless Plaintiff’s lawsuit lacked objective basis
  • Fenwick & West LLP
  • USA
  • May 19 2015

The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in


EEOC conciliation efforts subject to limited judicial review
  • Fenwick & West LLP
  • USA
  • May 19 2015

In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC


Walmart potentially liable for wage violations as joint employer of subcontractors’ employees
  • Fenwick & West LLP
  • USA
  • February 18 2014

Finding that ample evidence existed that Walmart exercised control over the working conditions of the workers employed by Walmart's warehouse


Employer cannot waive unconscionable portions of arbitration agreement
  • Fenwick & West LLP
  • USA
  • August 25 2015

Finding that an employment arbitration agreement was procedurally and substantively unconscionable, a U. S. District Court for the Northern District


Employee who threatened to kill supervisors not protected by disability discrimination law
  • Fenwick & West LLP
  • USA
  • August 25 2015

In Mayo v. PCC Structurals, Inc., the Ninth Circuit Court of Appeals confirmed that the ADA does not require that employers accommodate disabled


10-year age difference presumptively insubstantial in ADEA lawsuits
  • Fenwick & West LLP
  • USA
  • August 25 2015

The Ninth Circuit Court of Appeals held in France v. Johnson that an average age difference of less than ten years between a plaintiff and


Truck drivers subject to significant control were employees, not contractors
  • Fenwick & West LLP
  • USA
  • August 25 2015

Finding that a cargo transportation employer had improperly classified its truck drivers as contractors rather than employees, a California court of