Hirschfeld Kraemer LLP

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John Baum

Empowering the Bystander: Workplace Harassment and Bullying – Lessons from Richie Incognito and Jonathan Martin

After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions. Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily aided by his two…more

Harassment, Richie Incognito, Workplace Bullying

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Jayne Chipman

New Year Opens With Demise Of The NLRB’s “Poster” Rule And Further Delay For The DOL’s “Persuader” Rule

While 2014 is by most accounts predicted to be a robust regulatory year for the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”), the initial start has commenced with only a sputter. Effectively…more

Compliance, Disclosure Requirements, DOL, NLRB, Persuader Rules

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Amy Durgan

E-Cigarettes Banned In Some California Workplaces

Electronic cigarettes are battery-operated devices that emit vaporized doses of nicotine (or non-nicotine) that is inhaled. The vapor produced by e-cigarettes is smokeless and does not contain the amount of harmful chemicals…more

E-Cigarettes, Smoking Bans

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Robert Flemer

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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Monte Grix

When Santa Is Naughty, Does He Give Himself a Lump of Coal?

If so, then Santa should be giving himself a nice chunk of West Virginia’s finest to burn in his stove this Christmas. According the Associated Press, recently, at a mall in Hingham, Massachusetts, Santa was barred from the…more

Assault, Battery, Civil Rights Act, FEHA, Sexual Assault

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Dan Handman

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

Confidential Information, Confidentiality Policies, NLRB, Non-Union, Trucking Industry

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Derek Ishikawa

California Expands Paid Family Leave Law

Yesterday, Governor Brown signed Senate Bill 770, which permits workers to take paid family leave to care for an expanded set of seriously ill relatives. Existing law, under the California Family Rights Act (“CFRA”), permitted…more

CFRA, Family Members, Jerry Brown, New Legislation, Paid Leave

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Carmen Plaza de Jennings

New Year Opens With Demise Of The NLRB’s “Poster” Rule And Further Delay For The DOL’s “Persuader” Rule

While 2014 is by most accounts predicted to be a robust regulatory year for the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”), the initial start has commenced with only a sputter. Effectively…more

Compliance, Disclosure Requirements, DOL, NLRB, Persuader Rules

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Glen Kraemer

After Brief Confusion, Certainty Restored: Sexual Harassment Need Not Be Motivated By Sexual Desire

By signing Senate Bill (SB) 292 into law, California Governor Jerry Brown memorialized the seemingly non-controversial proposition that sexual harassment plaintiffs suing under the Fair Employment and Housing Act (FEHA) are not…more

FHFA, Harassment, Jerry Brown, New Legislation, Sexual Harassment

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Ferry Eden Lopez

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 EEOC…more

Compliance, EEOC, Employer Liability Issues, Separation Agreement

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Kirstin Muller

With the State of the Union Likely To Highlight Gender Equality, It is Time to Ask Whether Your Organization is on Track for a Ledbetter-style Equal Pay Claim

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

Discrimination, Employer Liability Issues, Equal Pay, Gender Equity, Goodyear

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Kristin Oliveria

Can An Employer Force Out An Employee For Unpopular Political Views: The Brendan Eich Story

Brendan Eich resigned his post as CEO of Mozilla, a California-based company, in early April after just 14 days on the job. The reason for his sudden departure and short tenure? It became public that in 2008, Eich contributed…more

Board of Directors, CEOs, Chik-Fil-A, Hiring & Firing, Mozilla

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Felicia Reid

President Obama Directs DOL To Overhaul Federal Overtime Regulations

Ordinarily, changes to federal overtime regulations get very little notice in California since our State’s overtime laws are far more protective of employees than the federal Fair Labor Standards Act (FLSA). But President…more

DOL, Exempt-Employees, Federal Employees, FLSA, Over-Time

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Reed Schaper

Domestic Workers Get Overtime In California Starting January 1, 2014

Among the various wage-related legislation Governor Brown signed into law recently is a provision that will allow housekeepers, nannies, caregivers and other domestic workers in private homes to collect overtime pay. …more

Domestic Workers, Home Health Care, Over-Time, Wage and Hour

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Euphemia Thomopulos

New Law Requires Certain Vendors to Expand Their Privacy Policies

A recent amendment to the California Online Privacy Protection Act of 2003 (“CalOPPA”) will require certain owners and operators of commercial websites and online service providers to change their posted privacy policies to…more

CalOPPA, Data Collection, Data Protection, Personally Identifiable Information, Posting Requirements

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