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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


Individual supervisor may be liable for FMLA violation
  • Fenwick & West LLP
  • USA
  • March 13 2012

In Haybarger v. Lawrence County, the federal Third Circuit Court of Appeal (covering Pennsylvania) held that managers may be personally liable for FMLA violations


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


Polo Ralph Lauren settles off-the-clock wage claim for $4 million
  • Fenwick & West LLP
  • USA
  • June 9 2010

In Otsuka v. Polo Ralph Lauren Corp., a federal district court in Northern California approved a $4 million class action settlement for unpaid wages


Inability to work more than eight hours a day or 40 hours a week not ADA disability
  • Fenwick & West LLP
  • USA
  • March 13 2012

In Boitnott v. Corning Inc., the federal Fourth Circuit Courts of Appeal (covering Virginia) held that a worker able to work eight hours in a day and 40 hours a week was not disabled under the ADA


Employee allowed to proceed with age discrimination claim after he was discharged for swearing and raising his voice
  • Fenwick & West LLP
  • USA
  • July 19 2013

In Ridout v. JBS USA, LLC, Lyle Ridout was discharged as superintendent at a pork processing plant in Iowa after an incident arising out of an


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


DOMA and Prop 8 rulings clear the way for same-sex marriages in California and require changes in employee benefits
  • Fenwick & West LLP
  • USA
  • July 19 2013

In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act ("DOMA") as unconstitutional. DOMA, for purposes of


Employee claiming retaliation must meet higher standard of proof
  • Fenwick & West LLP
  • USA
  • July 19 2013

In another favorable ruling for employers, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar clarified that employees