Hirschfeld Kraemer LLP

505 Montgomery Street 13th Floor
San Francisco, CA 94111, United States

  • (415) 835-9000
  • (415) 834-0443

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 35: Title IX: We’ve Come a Long Way, Baby

For starters, you can’t refer to employees in the workplace as “baby” anymore. And for that, we can thank the enactment of a Title VII and Title IX. We’ve covered the enactment of Title VII here. Equally important was the…more

Discrimination, Employer Liability Issues, Sex Discrimination, Title IX, Title VII

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Should telecommuting be a reasonable accommodation?

Increased use of telecommuting reflecting flexibility in the workplace has been the trajectory for many businesses, especially those in technology markets. Then Yahoo CEO Marissa Mayer decided to take a very different stance…more

ADA, EEOC, Employer Liability Issues, Ford Motor, Reasonable Accommodation

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eAlert - Supreme Court Nixes Obama Administration's NLRB Recess Appointments

The U.S. Supreme Court, on the last day of its current term, has now had the final say in the Obama Administration's recess appointments controversy involving Noel Canning, a bottler of Pepsi-Cola products, and the National…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 40: “Me Too” Evidence

“Me too” evidence is testimony from employees other than the plaintiff who claim that they were subjected to discrimination, retaliation or harassment during their employment. Plaintiffs often seek to have this evidence…more

Discrimination, Legal History

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The Future Of Labor Unions In The U.S.

Labor unions in the United States have been struggling with declining membership for decades. After reaching an all-time high of approximately 35% unionization of private sector employees in the 1950s, labor unions represent…more

AFL-CIO, NLRB, Right to Work, Unions

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50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 45: What Is A Disability?

Ever since disability discrimination became illegal, the most pressing question has been how to define a disability. One of the first issues the courts faced was how to deal with disabilities that could be corrected with…more

ADA, ADAAA, Disability Discrimination, Discrimination, EEOC

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eAlert - Supreme Court Nixes Obama Administration's NLRB Recess Appointments

The U.S. Supreme Court, on the last day of its current term, has now had the final say in the Obama Administration's recess appointments controversy involving Noel Canning, a bottler of Pepsi-Cola products, and the National…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes. For over 40 years, the courts have…more

Background Checks, Criminal Background Checks, Discrimination, Disparate Impact, EEOC

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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 Rights…more

Civil Rights Act, Discrimination, Employee Rights, Legal History, SCOTUS

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50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 11: Workplace Investigations and the Good Faith Standard

Allegations of employee misconduct – particularly as they relate to claims of discrimination and harassment – have been raised in the workplace ever since the Civil Rights Act was passed. But human resource executives were not…more

Civil Rights Act, Discrimination, Good Faith, Harassment, Internal Investigations

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50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 36: “Family Status” Is Not a Protected Class (…or is it?)

Family status discrimination (“FSD”) is an increasingly recognized term that refers to discrimination against employees on the basis of their caregiving responsibilities, including those that actively participate in providing…more

Discrimination, Family Status Accommodation, Legal History

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Vergara v. State of California Exposes Constitutional Flaws In Public Teacher Tenure Laws

A Los Angeles County Superior Court Judge ruled Tuesday in Vergara v. State of California that teacher tenure laws in California are unconstitutional because they deprive students of their right to an education under the…more

Equal Protection, Public Schools, School Districts, SCOTUS, Seniority

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50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 37: The Supreme Court Raises The Bar On Proving Retaliation

Throughout this series, we have discussed how common retaliation claims have become and how challenging the courts have found it to define “causation” in the context of Title VII cases. Those two trends intersected recently…more

Discrimination, Employer Liability Issues, Hiring & Firing, Retaliation, SCOTUS

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50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 33: The “Cat’s Paw” Doctrine: Conniving Monkeys, Gullible Felines, and Employer Liability

Over the fifty years of equal employment opportunity law jurisprudence, many obviously-named legal theories have emerged, including the Continuing Violations Doctrine, the Avoidable Consequences Doctrine, and the Joint-Employer…more

Cat's Paw, Discrimination, EEOC, Employer Liability Issues, Hiring & Firing

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50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 20: Bipartisan Gridlock Prevents Sexual Orientation From Becoming A Protected Class

The Employment Non-Discrimination Act (ENDA), if passed, would become the first federal legislation that prohibits employers from discriminating against individuals based on their actual or perceived sexual orientation and/or…more

Discrimination, EEOC, Employer Liability Issues, ENDA, Gender Identity

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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 of…more

DLSE, Employer Liability Issues, Exempt-Employees, Exemptions, Labor Code

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Can Works Councils Be Legally Imported From the EU and Germany?

After workers at a Volkswagen plant in Chattanooga, Tenn., rejected an attempt by the United Auto Workers to gain representation, the company continued to express interest in bringing in a German-style works council, Kristin L…more

EU, European Works Council, NLRA, UAW, Unions

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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 of…more

DLSE, Employer Liability Issues, Exempt-Employees, Exemptions, Labor Code

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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

Arbitration, Class Action Arbitration Waivers, CLS Transportation, Employer Liability Issues, Employment Contract

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50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 50: What Happens When a Boss “Likes” An Employee a Little Too Much?

As we conclude this 50 For 50 series, we look to the future of employment law. As we see it, the biggest change in the workplace has been the emergence of social media. According to recent surveys, nearly three-quarters of…more

Discrimination, Employer Liability Issues, Employment Policies, Social Networks

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Areas of Practice
  • Art, Entertainment, & Sports Law
  • Construction Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Professional Malpractice
  • Toxic Torts
  • Transportation
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

11-24 Attorneys

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