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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


Arbitration agreement with independent contractors ruled not applicable to employment-law disputes
  • Fenwick & West LLP
  • USA
  • November 13 2012

In Elijahjuan v. Superior Court (Mike Campbell & Associates, Ltd.), a class of newspaper delivery workers classified as independent contractors brought suit alleging that they should have been classified and paid as employees


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


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


$250 million jury verdict in class action sex discrimination case
  • Fenwick & West LLP
  • USA
  • June 9 2010

A federal jury in New York awarded $250 million in punitive damages to a class of female sales representatives on top of more than $3 million in compensatory damages to 12 named plaintiffs in Velez v. Novartis Pharmaceutical Corp


Long-awaited California Supreme Court decision resolves thorny meal period and rest break issues favorably for employers
  • Fenwick & West LLP
  • USA
  • April 17 2012

In a long-awaited and ultimately favorable decision for employers, the California Supreme Court served up much needed clarification regarding an employer's wage and hour obligations to hourly workers


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


No protection from mistaken perception of homosexuality under Washington state law
  • Fenwick & West LLP
  • USA
  • November 13 2012

In Davis v. Fred's Applicance, Inc., a store manager referred to plaintiff as "gay."


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 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