Hirschfeld Kraemer LLP

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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Six Ways to Cultivate Labor Peace With Adjunct Faculty

Nearly every higher education institution in the U.S. employs adjunct faculty; and at many colleges and universities, these off-the-tenure-track professors make up the majority of the teaching faculty. These employees are a…more

Adjunct Faculty, Best Management Practices, Colleges, Educational Institutions, Employer Liability Issues

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Implementation Of DACA Expansion And New DAPA Program Delayed

Even before the President’s executive actions on immigration have been implemented, there is a new development. On Monday, a federal district court in Texas issued a preliminary injunction blocking implementation of the new…more

Barack Obama, DACA, DAPA, Immigration Procedures, Immigration Reform

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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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‘Entrepreneurs’ or Exploited Workers?

For years, employers have reacted to the size and breadth of employment laws and regulations in California by finding other means of classifying people who perform services for them. As a result, California employers today…more

Contract Interpretation, Delivery Drivers, Employer Liability Issues, FedEx, Independent Contractors

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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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“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted…more

Class Action, Class Certification, Employer Liability Issues, Entertainment Industry, FLSA

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HK's Christine Helwick Tells the Daily Journal That "Only Yes Means Yes In California Schools"

California has become the first state in the nation to enact a "yes means yes" standard in university disciplinary hearings involving claims of sexual assault, domestic violence, dating violence and stalking. All colleges and…more

Colleges, Dating Violence, Disciplinary Proceedings, Domestic Violence, Informed Consent

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eAlert -- H-1B Visas - Time to Get Started!

February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap. Many of our clients are exempt from the H-1B cap: colleges, universities,…more

Colleges, Foreign Nationals, Foreign Workers, H-1B, Non-Profits

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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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Six Ways to Cultivate Labor Peace With Adjunct Faculty

Nearly every higher education institution in the U.S. employs adjunct faculty; and at many colleges and universities, these off-the-tenure-track professors make up the majority of the teaching faculty. These employees are a…more

Adjunct Faculty, Best Management Practices, Colleges, Educational Institutions, Employer Liability Issues

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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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eAlert -- H-1B Visas - Time to Get Started!

February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap. Many of our clients are exempt from the H-1B cap: colleges, universities,…more

Colleges, Foreign Nationals, Foreign Workers, H-1B, Non-Profits

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Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information?

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information? In this digital age, smartphone technology has become essential and ubiquitous to business operations. But the…more

Attorney-Client Privilege, Bring Your Own Device, Cell Phones, Confidential Information, Corporate Counsel

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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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Exempt Employees Must Be Paid $50,000 Annually By 2016 Under New Regulations From The U.S. Department of Labor

More than a year ago, President Barack Obama directed the Secretary of Labor to “modernize and streamline” the agency’s white collar exemption regulations under the federal Fair Labor Standard Act. Yesterday, the Department of…more

DOL, Exempt-Employees, FLSA, Notice and Comment, NPRM

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California court Refuses To Enforce Bylaw Amendment Compelling Arbitration By the Members Of The Corporation

There have been several recent Delaware court decisions and much commentary regarding the enforceability of bylaw provisions that establish rules governing stockholder litigation, including fee-shifting provisions and forum…more

Board of Directors, Bylaws, Declaratory Relief, Fee-Shifting, Forum Selection Clause

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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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Contact

505 Montgomery Street 13th Floor
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  • (415) 835-9000
  • (415) 834-0443

Areas of Practice
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