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Results: 1-10 of 103

New York employer's flex-time policy precluded holding employee accountable for tardiness
  • Fenwick & West LLP
  • USA
  • March 13 2013

Flex-time policies are fairly common among U.S. employers, and allow employees to arrive and leave work within a defined time range, instead of


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


California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims
  • Fenwick & West LLP
  • USA
  • November 15 2013

In 2011, the California Supreme Court in Sonic-Calibasas A, Inc. v. Moreno refused to enforce an arbitration agreement where an employee had filed a


Employee who received benefit of class settlement not allowed to bring later claim for wage penalties
  • Fenwick & West LLP
  • USA
  • November 10 2010

In Villacres v ABM Industries, Inc, a security guard had accepted a settlement payment as part of the resolution of an earlier class action lawsuit against his employer for unpaid overtime and penalties


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


Decision to deny bonus not reviewable
  • Fenwick & West LLP
  • USA
  • March 13 2012

In Chambers v. The Travelers Companies, the federal Eighth Circuit Court of Appeal (covering Minnesota) rejected an employee’s breach of contract claim for an unpaid bonus


California court rules that unemployment benefits were properly denied for termination based upon employee's refusal to sign disciplinary memorandum
  • Fenwick & West LLP
  • USA
  • July 11 2012

In Paratransit, Inc. v. Unemployment Insurance Appeals Board, an employee appealed the denial of his claim for unemployment insurance benefits where the employer terminated him for refusing to sign a disciplinary warning


Coca-Cola Company properly required employee to undergo mental examination after employee threatened co-workers
  • Fenwick & West LLP
  • USA
  • July 19 2013

In Owusu-Ansah v. The Coca-Cola Company, the employee challenged the employer's requirement that he undergo a mental examination as a condition of


California employers must comply with state overtime rules with non-residents directed to work within California
  • Fenwick & West LLP
  • USA
  • July 7 2011

In a disappointing result for employers with potentially far-reaching consequences, the California Supreme Court ruled in Sullivan v. Oracle Corporation that California employers must apply state overtime rules to out-of-state employees who perform work within California


Returning military reservist allowed to invoke USERRA “escalator principle” for failure to reinstate into higher-level job
  • Fenwick & West LLP
  • USA
  • November 15 2013

The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran's claim that Pfizer violated the "escalator