Dan Handman

Dan Handman

Hirschfeld Kraemer LLP

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The NLRB’s “Radical” Joint Employer Decision Is The Biggest Win For Unions In Years

Yesterday, in Browning Ferris Industries of California, Inc., the National Labor Relations Board (NLRB) overruled 30 years of authority on the issue of joint employers. In a decision which two Board Members called the “most...more

8/28/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining FedEx Franchises Independent Contractors Joint Employers Jurisdiction McDonalds NLRB Right to Control Sharing Economy Staffing Agencies Subcontractors Temporary Employees Uber Unions

Los Angeles County To Raise Minimum Wage To $15 Per Hour

Late last month, the Los Angeles County Board of Supervisors directed the County Counsel to take steps to increase the the minimum wage for the entire county in the same increments as in the ordinance passed recently by the...more

8/6/2015 - Local Ordinance Minimum Wage Pending Legislation Wage and Hour

NLRB Judge Orders Reinstatement Of Employee Who Made Racist Taunts Toward African-Americans

The National Labor Relations Board promotes itself as a government agency that “safeguards employees’ rights,” but you would not know it from a recent ruling upholding racist statements made by union supporters on a picket...more

7/23/2015 - ALJ Employment Policies Harassment Hate Speech NLRB Offensive Language Popular Protected Activity Reinstatement Strike Unions

Independent Contractors And Overtime: The DOL Steps Into The Ring With Jarring New Regulations

The U.S. Department of Labor (DOL) has recently taken a firm stance on two of the most controversial issues facing American employers: overtime compensation and misclassification of employees as independent contractors. ...more

7/17/2015 - Administrative Interpretation Barack Obama DOL Employee Definition Employer Liability Issues Employment Policies Executive Orders Exempt-Employees FLSA Independent Contractors Legislative History Misclassification NPRM Sharing Economy Uber Unpaid Overtime Wage and Hour White-Collar Exemptions

California Amends Paid Sick Leave Law

This week, California Governor Jerry Brown signed into law an amendment to the Healthy Workplaces, Healthy Families Act of 2014, a law passed last year which requires employers to provide paid sick leave. The law has been...more

7/17/2015 - Amended Legislation Employment Policies Healthy Workplaces Healthy Families Act 2014 Jerry Brown Paid Leave PTO Sick Leave

“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

7/3/2015 - Class Action Class Certification Employer Liability Issues Entertainment Industry FLSA Fox Searchlight Pictures Internships Misclassification Movies Over-Time Unpaid Interns Wage and Hour Wages

Sea changes are afoot with the minimum wage

In a nearly unanimous vote on June 10, the Los Angeles City Council cleared the way to make the city the largest in the United States to have a minimum wage to $15 per hour. The raise will fully go into effect in 2020....more

6/29/2015 - Employee Rights FLSA Local Ordinance Minimum Wage Small Business

Uber Independent Contractor Decision Will Have Broad Consequences For Employers In California

Earlier today, Uber Technologies, Inc. announced the decision of the California Department of Labor, Division of Labor Standards Enforcement (DLSE) finding that a driver was an employee, not an independent contractor. The...more

6/18/2015 - Appeals Control Test DLSE DOL Independent Contractors Misclassification Uber

Supreme Court Opens The Door To More Religious Accommodation Claims

In a near-unanimous 7-page opinion, the U.S. Supreme Court held that employers need not have “actual knowledge” that an employee is requesting a modification of his position for religious purposes in order to be required to...more

6/7/2015 - Abercrombie & Fitch Appearance Policy Dress Codes EEOC EEOC v Abercrombie Hiring & Firing Job Applicants Popular Reasonable Accommodation Religious Discrimination SCOTUS Title VII

Changes Afoot To The Minimum Wage In California

Today, the Los Angeles City Council voted 13-1 to make the City the largest in the United States to have a minimum wage to $15/hour, a raise which will fully go into effect in 2020. Currently, the minimum wage is $9/hour and...more

6/5/2015 - Exceptions Minimum Wage Non-Profits

Supreme Court Opens The Floodgates To Pregnancy Discrimination Cases

This week, in Young v. United Parcel Service, Inc., the United States Supreme Court found that, under Title VII, employers must provide pregnant employees with the same accommodations that they provide to employees in similar...more

3/27/2015 - Essential Functions PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Can employers require vaccinations?

Vaccines for children have been front-page news around the country ever since the breakout of measles at Disneyland earlier this year. Rightfully, the focus has been on children who are unvaccinated and the effect it has on...more

3/3/2015 - CDC Employment Policies Minors OSHA Vaccinations Workplace Safety

Unvaccinated Workers: An Employer’s Rights And Obligations

Vaccines for children have been front-page news around the country after the breakout of measles at Disneyland. Rightfully, the focus has been on children who are unvaccinated and the effect that it has on schools and places...more

2/13/2015 - CDC Corporate Counsel Hiring & Firing OSHA Religion Religious Discrimination Vaccinations

It’s That H-1B Time of Year Again!

February has rolled around again and we’re thinking about powder days for skiing in the mountains and Caribbean vacations to find some sun, and April showers to bring May flowers… yes, April is right around the corner! So...more

2/3/2015 - Filing Deadlines Filing Season H-1B Hiring & Firing Human Resources Professionals Immigration Procedures OPT Visa Caps Visas

“Honest Belief” Defense Remains Unresolved In California

The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law. Instead, in Richey v. Autonation, Inc., the Court punted on the...more

2/2/2015 - Arbitration CFRA Discrimination Employer Liability Issues Hiring & Firing Honest Belief Defense Retaliation Termination

Did The State Of The Union Matter For Employers?

The short answer: not really. This year’s State of the Union Address, delivered by a lame-duck President to a hostile Congress, contained ideas that, if enacted, would surely affect American employers. But in the end, the...more

1/23/2015 - Barack Obama Corporate Counsel Minimum Wage Sick Leave State of the Union Wage and Hour

No Waiver Of PAGA Representative Claims (Yet)

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC. Had the Court heard the Iskanian case, it was expected to...more

1/23/2015 - Arbitration Class Action Class Action Arbitration Waivers Employer Liability Issues Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA SCOTUS Trucking Industry

Supreme Court Rejects Compensation For Antitheft Security Screenings, But Would A California Court Find Differently?

The U.S. Supreme Court unanimously held this week that time spent by employees going through a post-shift security screening is not compensable time. In a relatively brief and uncontroversial opinion, the Court found in...more

12/12/2014 - Amazon FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

FAQ About California’s New Sick Leave Law

In what is potentially the biggest change to California’s employment laws, beginning July 1, 2015, all California employers will be required to provide paid sick leave to all employees who have completed 90 days of work. ...more

10/3/2014 - Employer Liability Issues New Legislation Paid Leave Sick Leave

Supreme Court To Decide Religious Accommodation Case

Last year, we reported on a decision from a federal judge in San Francisco granting summary judgment to the Equal Employment Opportunity Commission (EEOC) in a case brought on behalf of a former Abercrombie & Fitch employee...more

10/3/2014 - Abercrombie & Fitch Dress Codes EEOC Employee Rights Reasonable Accommodation Religion Religious Clothing

Workplace Law Has Come a Long Way, Baby!

In 1964, Nicholas Katzenbach, the Attorney General of United States, ordered Ollie's Barbecue, a tiny restaurant in Birmingham, Ala., to desegregate. When the U.S. Supreme Court upheld that order, the newly passed Civil...more

8/6/2014 - Civil Rights Act Discrimination Employee Rights Legal History SCOTUS Title VII

NLRB Ratifies Pre-Noel Canning Actions

Although many suspected that the Supreme Court would invalidate all actions taken by the National Labor Relations Board in Noel Canning v. NLRB, the question remained just how many of the NLRB’s actions would stand. To this...more

8/5/2014 - Canning v NLRB NLRA NLRB SCOTUS

eAlert - Class Action Waivers Are Enforceable According to the California Supreme Court

Class action waivers in arbitration agreements are enforceable according to a California Supreme Court decision issued yesterday. In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court finally...more

7/7/2014 - Arbitration Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 47: Same Sex Harassment Is Illegal

It seemed like a simple enough issue. In 1984, the Supreme Court found that sexual harassment — when it is severe or pervasive — can alter an employee’s ability to work and thus can impact the victim’s “terms, conditions, or...more

6/30/2014 - Discrimination Sexual Harassment Title VII

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 46: How To Deal With Employees Using...

Fifty years ago when Title VII became law and 23 years ago when the Americans with Disabilities Act became law, it would be inconceivable that someone would be blogging about accommodating employees by allowing them to smoke...more

6/30/2014 - Compassionate Use Act Conflicts of Laws Disability Employer Liability Issues Marijuana Medical Marijuana Reasonable Accommodation Title VII

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