Dan Handman

Dan Handman

Hirschfeld Kraemer LLP

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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

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

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