Kirstin Muller

Kirstin Muller

Hirschfeld Kraemer LLP

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The Commissioned Salesperson Exemption Just Got More Difficult to Establish

Many California employers rely on California's commissioned salesperson exemption from overtime for their inside sales employees. That exemption, however, is becoming increasingly difficult to establish. A recent decision...more

8/1/2014 - DLSE Employer Liability Issues Exempt-Employees Exemptions Labor Code Minimum Wage Over-Time Sales Commissions Time Warner Wage and Hour

It’s Time to Revisit Commission Pay for California Employees: Commissions Earned Must be Paid Twice Per Month and the Commissioned...

You may have just started breathing easier after rolling out written commission agreements to comply with California Labor Code section 2751. However, a recent unanimous California Supreme Court decision has heads turning...more

7/30/2014 - Sales Commissions Time Warner Cable Wage and Hour Wages

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 44: Psychiatric or Mental Disabilities...

In the continuing evolution of equal employment opportunity law, no area has led to more stress for employers (all puns intended) than complying with their poorly defined and ever-changing obligations under the Americans with...more

6/25/2014 - ADA Discrimination Legal History Mental Illness

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 32: Understanding Retaliation Claims Under...

One of the plaintiffs’ bar’s perennial favorite claims is the amorphous and, hence, ubiquitous retaliation claim. Over the years, the law under Title VII has made these claims more difficult for plaintiffs to bring. At the...more

6/16/2014 - Civil Rights Act Discrimination Good Faith Legal History Title VII

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 9: And Then There Were None”: The Story...

The EEOC made a name for itself in the early days of Title VII by bringing large “pattern or practice” cases. Employers were forced to reevaluate their policies to see if protected groups — frequently females — were being...more

5/21/2014 - Civil Rights Act Class Action Discrimination EEOC Legal History Title VII

With the State of the Union Likely To Highlight Gender Equality, It is Time to Ask Whether Your Organization is on Track for a...

It has been almost eight years since the United States Supreme Court decided the Lilly Ledbetter case under Title VII and six years since President Obama invited Ledbetter to attend his State of the Union address. You may or...more

1/16/2014 - Discrimination Employer Liability Issues Equal Pay Gender Equity Goodyear Lilly Ledbetter SCOTUS State of the Union Title VII

Should the EEOC’s Decision to Put the Cart First Subject the Agency to Judicial Scrutiny and Its Lawsuits to Dismissal?

In EEOC v. Mach Mining LLC, the Seventh Circuit answered this question in the negative. Finding that the EEOC’s failure to adequately conciliate was not a valid defense as courts do not have the tools to adequately assess...more

1/13/2014 - EEOC Employer Liability Issues Enforcement Actions

What Can You Learn from San Diego’s Recent Sexual Harassment Problems: The DFEH is Serious about AB 1825 Sexual Harassment...

If you thought the California Department of Fair Employment (“DFEH”) was not busy monitoring compliance with employers’ sexual harassment prevention training obligations, think again. The DFEH recently entered into a...more

1/6/2014 - Compliance DFEH Sexual Harassment Training

How The Shutdown Affects You: The EEOC’s Plan

As we previously reported to you, while the federal government remains officially shut down as Congress continues its budget negotiations, the Equal Employment Opportunity Commission (“EEOC”) has put into place its shutdown...more

10/16/2013 - EEOC Government Shutdown

Angry and Abusive Chefs on Celebrity Cooking Shows Are Normal, But It is a Different Story When the Abuse is Allegedly Race-Based

Paula Deen, a celebrity chef known for her extreme Southern cooking and excesses, has been embroiled in scandal for the last several months, bringing together an odd mix of legal and marketing issues, celebrity, and Southern...more

8/15/2013 - Discrimination EEO Harassment Paula Deen Race Discrimination

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