Dan Handman

Dan Handman

Hirschfeld Kraemer LLP

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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 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

Three Questions Employers Should Ask About Religious Accommodation Requests

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

10/16/2013 - EEOC Religion Religious Clothing Religious Discrimination Undue Hardship Workplace Attire

How The Government Shutdown Affects Employers

In any shutdown of the federal government, the media is quick to report on whether federal employees are “essential” or “non-essential.” Make whatever joke you want, but most federal employees of agencies that deal with the...more

10/2/2013 - DOL EEOC Government Shutdown NLRB OSHA

eAlert - How to Comply with the Affordable Care Act: Four Things a California Employer Needs to Know

It’s the single most controversial law passed by Congress in the last 10 years. Business groups spent hundreds of millions of dollars to defeat it in Congress and to have it overturned in the courts. But now, the Patient...more

9/23/2013 - Affordable Care Act EEOC Employer Group Health Plans Employer Mandates Healthcare Penalties Retaliation Shared Responsibility Rule Unions Wellness Programs Whistleblowers

The DOL’s End Around Congress On The FLSA — A Sign Of Things To Come?

Beginning on January 2, 2015, the Fair Labor Standards Act’s minimum wage and overtime protections will apply to home care assistance workers who work with the elderly and people with illnesses, injuries or disabilities. ...more

9/19/2013 - Companionship Exemptions DOL FLSA Healthcare Home Health Care Minimum Wage Over-Time

The California Minimum Wage Is About To Increase

Last week, the California Legislature voted to increase the state minimum wage to $9.00/hour by July 2014 and to $10.00/hour by January 2016. The bill passed both the Assembly and the Senate by significant majorities and...more

9/17/2013 - Jerry Brown Minimum Wage New Legislation

California Legislature Makes It Harder For Employers To Recover Attorney’s Fees On Wage Claims

What the courts giveth the Legislature taketh away. In 2012, California employers received an unexpected early Christmas gift when the California Supreme Court ruled in Kirby v. Immoos Fire Protection, Inc. that the...more

8/30/2013 - Attorney's Fees Employer Liability Issues Rest and Meal Break Wages

Accessing Employees’ Private Facebook Posts Can Get Employers Into Hot Water

A U.S. District Court Judge in New Jersey has just found that private Facebook postings by an employee about her employer are subject to the Stored Communications Act, 18 U.S.C. §§2701-11 (SCA)....more

8/27/2013 - Employer Liability Issues Facebook Social Media Social Media Policy Stored Communications Act

EEOC Investigations Gone Wild: The Sobering Tale Of Aggressive Government Efforts To Drum Up Class Actions

Picture this: you get to work on a Monday morning, grab a cup of coffee and turn on your computer only to find that 1,300 of your employees received an e-mail asking various questions about perceived age discrimination in...more

8/23/2013

Senate Confirms 5 Members Of NLRB, Leaving It With A Quorum

For the first time since January 2012, the National Labor Relations Board (NLRB) unquestionably has a quorum to issue rulings...more

7/31/2013 - Confirmation Proceedings NLRB Quorum

NLRB Turns Its Focus To Employer E-Mail Policies

According to the National Labor Relations Board, employers are free to have policies limiting e-mail usage for business purposes only. They are just not free to enforce it....more

7/29/2013 - Email Email Policies NLRB Union Related-Speech Unions

NLRB Continues Its Assault On Confidential Investigations

Confidentiality is the hallmark to any meaningful attempt to investigate workplace misconduct. Not only for the alleged victim of harassment or discrimination, but for the alleged perpetrator too. Apparently, the National...more

7/26/2013 - Banner Health System Canning v NLRB Confidential Employer Investigations NACCO NLRB

U.S. Supreme Court Will Decide The Legality Of Union Neutrality Agreements

It certainly was not the biggest news out of the U.S. Supreme Court this week, but the Court agreed to resolve a split among the Circuit Courts involving the legality of so-called neutrality agreements in union campaigns....more

6/26/2013

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