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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


Washington employer must reinstate employee after FMLA leave despite having doubts about employee's ability to perform job
  • Fenwick & West LLP
  • USA
  • March 13 2013

In Chaney v. Providence Health Care, Robert Chaney worked as a hospital radiologic technician in the State of Washington. Chaney was instructed to


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


Failure to investigate is not actionable retaliation
  • Fenwick & West LLP
  • USA
  • June 9 2010

In Fincher v. Depository Trust & Clearing Corp., the federal Second Circuit Court of Appeals held that an employer’s decision not to investigate an employee’s complaint of race discrimination was not, in and of itself, an adverse employment action as to give rise to a retaliation claim


Employees must be paid for on-call time while required to stay on work premises
  • Fenwick & West LLP
  • USA
  • July 19 2013

In Mendiola v. CPS Security Solutions, Inc., a California Court of Appeal ruled that security guards must be paid for time spent on-call where they


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


Employee’s criminal conviction affirmed for denying employer’s access to its computer network
  • Fenwick & West LLP
  • USA
  • November 15 2013

A California court of appeal affirmed a criminal conviction of a former employee in The People v. Childs arising out of the employee denying his


Massachusetts employee did not violate non-solicitation provision by posting new contact information on LinkedIn
  • Fenwick & West LLP
  • USA
  • November 15 2013

In KNF&T Staffing v. Muller, a staffing agency in Boston sought injunctive relief against a former employee over alleged violation of a


Company allowed to pursue suit against former employee for unfair competition despite absence of trade-secret violation
  • Fenwick & West LLP
  • USA
  • November 15 2013

In Angelica Textile Services, Inc. v. Park, a California court of appeal considered the issue whether Angelica's common-law claims for breach of


Company not required to reinstate temporary employee after FMLA leave of absence where temp agency did not request that employee be reinstated
  • Fenwick & West LLP
  • USA
  • November 15 2013

In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to