Dan Handman

Dan Handman

Hirschfeld Kraemer LLP

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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

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 42: Military Veterans And Their...

Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the employment rights of private sector military veterans. In the wake of Vietnam War, two wars...more

6/25/2014 - Discrimination Employer Liability Issues FMLA Hiring & Firing Military Service Members OFCCP USERRA Veterans Vietnam Era Veterans’ Readjustment Assistance Act

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 34: Religious Dress And Appearance Requires...

A recent survey by the Pew Research Center reports that 58% of Americans say that religion is very important in their lives and 76% of Americans say that prayer is an important part of their daily lives. The survey also...more

6/17/2014 - Discrimination Legal History Religious Clothing Religious Discrimination Trucking Industry

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 22: Are English-Only Rules Discriminatory?...

As of 2012, there were 38.3 million Americans who spoke Spanish as their primary language in the home. Many of those people are children or students and many also speak English fluently. But many also do not and when they go...more

6/3/2014

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 1: Title VII Is Constitutional

Number 1: Title VII Is Constitutional - In 1926, James “Ollie” McClung opened a barbecue restaurant in Birmingham, Alabama. It’s hard to imagine that Ollie could have had any idea how famous (or infamous) his...more

5/13/2014 - Discrimination Legal History Resorts & Restaurants Title VII

The 50 Most Important Developments In Discrimination Law From The Last 50 Years

At Hirschfeld Kraemer, we are going to be marking the 50 year anniversary of Title VII of the 1964 Civil Rights Act with a daily series of blog posts called The 50 Most Important Developments In Discrimination Law From The...more

5/12/2014 - Civil Rights Act Discrimination Legal History Legislative Process Lyndon Johnson Title VII

Whistleblowing Claims Are Here To Stay

Every year the Equal Employment Opportunity Commission (EEOC) releases statistics reflecting how often various claims are presented to them. And every year one claim stands heads and shoulders above the rest: retaliation. ...more

5/7/2014 - CFPB Dodd-Frank EEOC Employer Liability Issues OSHA Retaliation Sarbanes-Oxley Whistleblowers

When Tech Innovation Outpaces the Law, A Minefield Of Workplace Issues in Social Media

Part of JD Supra's series on innovation and the law. The NLRB has famously struck down employers’ social media policies based on a law that was adopted during the New Deal and has not been amended since....more

4/29/2014 - Background Checks Bring Your Own Device Corporate Counsel Legal Perspectives NLRB Protected Concerted Activity Social Media

Federal Court Enforces NLRB’s Decision To Strike Down Overbroad Confidentiality Policy

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks. In a...more

4/7/2014 - Confidential Information Confidentiality Policies NLRB Non-Union Trucking Industry

NLRB Judge Finds That College Football Players Are Employees Of Their University

Yesterday, an administrative judge at the National Labor Relations Board (NLRB) found that student athletes on Northwestern University’s football team who receive a scholarship are employees of the university and therefore...more

3/27/2014 - Athletes Colleges Employee Rights Football NLRB Students Universities

eAlert - Separation Agreements Under Attack By The EEOC: Why Some Small Changes To Your Agreements Are Advisable

The U.S. Equal Employment Opportunity Commission (EEOC) is now targeting routine language commonly found in separation agreements across the country. This is yet another in a series of aggressive tactics launched by the...more

2/17/2014 - Compliance EEOC Employer Liability Issues Separation Agreement

What The Delay In The ACA Employer Mandate Means For You

On Monday, the Obama Administration announced that for the second time in a year, employers with 50 or fewer employees will have extra time — until January 1, 2016 — before they are required to offer health insurance to...more

2/13/2014 - Affordable Care Act Delays Pay or Play Shared Responsibility Rule

U.S. Supreme Court Takes The Wind Out Of Donning And Doffing Class Actions

For years, plaintiffs’ lawyers have brought class actions against employers seeking compensation for time spent by employees putting on and taking off protective gear. The numbers have been staggering, as eight figure...more

2/6/2014 - Collective Bargaining FLSA Protective Gear Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

The NLRB Takes Another Stab At Quickie Elections

In 2011, the National Labor Relations Board issued a rule which would have allowed for so-called “quickie” union elections. Under current rules, the time between the filing of a petition for a union election and the election...more

2/6/2014 - NLRB Quickie Election Rules Union Elections

NLRA Does Not Prevent Class Action Waivers But Overbroad Agreements Will Not Be Enforced

The Fifth Circuit Court of Appeals refused to enforce critical portions of the NLRB’s decision in D.R. Horton, Inc., including its decision that class action waivers in arbitration agreements violated the National Labor...more

12/5/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB NLRA NLRB

Problems With Obamacare Rollout Are Not Expected To Affect The Employer Mandate

With the government shutdown and debt ceiling crisis over, Obamacare has dominated the headlines. Two stories in particular have garnered special attention. First, the national healthcare.gov website did not work and, as a...more

11/21/2013 - Affordable Care Act Employer Mandates IRS

U.S. House Will Not Pass Bill Prohibiting Discrimination Against Gay Workers

Today, the U.S. Senate is expected to pass the Employment Non-Discrimination Act (ENDA), a bill which prohibits discrimination on the basis of sexual orientation, but the bill is not expected to make its way to the...more

11/5/2013 - Discrimination ENDA Sexual Orientation Discrimination

What To Expect From The NLRB In 2014

The NLRB is back in business. After several years in the weeds, there is now a fully constituted Board, a confirmed General Counsel and no questions as to the legitimacy of any appointments....more

11/4/2013 - Bargaining Units NLRB SCOTUS Temporary Employees Unions

Sonic-Calabasas II: A New Wrinkle In Arbitration Law In California

The California Supreme Court’s decision in Sonic Calabassas A, Inc. v. Moreno has the potential to eliminate a powerful tool used by employers to avoid administrative hearings before the California Department of Labor,...more

11/1/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion DLSE SCOTUS

Governor Reinforces Mixed Motive Win For Employers In FEHA Cases

Earlier this year, in Harris v. City of Santa Monica, the California Supreme Court gave employers an unexpected win when it approved of the “mixed motive” theory of proof. As a result, in discrimination cases under the Fair...more

10/17/2013 - Discrimination Employer Liability Issues FEHA Harris v City of Santa Monica Mixed Motive Cases Termination

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

10/16/2013 - Confidentiality Disability Employee Handbooks FMLA Hiring & Firing Legal Perspectives Non-Solicitation Agreements Reasonable Accommodation Religion Social Media Policy Termination

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