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Fenwick employment brief - September 2015

USA - September 23 2015 In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory...

Daniel J. McCoy, Saundra L. M. Riley.


U.S. Supreme Court decides several employment and employment-related cases

USA - July 19 2013 Employer strictly liable for supervisor's harassment of employee only if supervisor has hire and fire authority over subordinates In a favorable...

Daniel J. McCoy, Allen Kato.


DOMA and Prop 8 rulings clear the way for same-sex marriages in California and require changes in employee benefits

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...

Daniel J. McCoy, Allen Kato.


Waiver of class action remedy enforced even though anticipated costs of individual arbitration exceeded maximum potential recovery

USA - July 19 2013 In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American...

Daniel J. McCoy, Allen Kato.


Affordable Care Act pay or play rules delayed one year

USA - July 19 2013 On July 2, the Treasury Department issued a press release announcing that implementation of the "pay or play" rules, or employer shared...

Daniel J. McCoy, Allen Kato.