Hirschfeld Kraemer LLP

NLRB Rules Grad Students Are Employees, Can Unionize

Student Assistants at Private Universities Are “Employees” for Purposes of Collective Bargaining, NLRB Rules - Student assistants employed with private universities can be considered “employees” for the purposes of the…more

Brown University, Collective Bargaining, Columbia University, Educational Institutions, Graduate Students

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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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California Teachers Seek Rehearing Before Full U.S. Supreme Court Regarding Constitutionality of “Agency Shop” Fees for Non-Union Employees

Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have also…more

Collective Bargaining, Corporate Counsel, Fair Share Law, First Amendment, Fourteenth Amendment

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What Does California’s New E-Verify Law Mean For Employers?

Our blog post on January 5, 2016 summarized California’s new E-Verify law and other updates. So what should California employers do differently now with respect to I-9s and E-Verify? Enrollment in E-Verify remains voluntary…more

Audits, DHS, DOJ, E-Verify, Federal Acquisition Regulations (FAR)

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Recreational Marijuana Is Now Legal in California: How Does This Affect Employer Workplace Drug Policies?

In what might once have been viewed as a remarkable development, but now generates little surprise, recreational marijuana use is now legal in California. On November 9, 2016, Californians approved Proposition 64, known as the…more

Controlled Substances Act, Decriminalization of Marijuana, Employment Policies, New Regulations, Popular

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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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Arbitration Agreements Front and Center: United States Supreme Court Set to Resolve Ongoing Row over Legality of Class Action Waivers

As readers of this blog will note, we have previously noted a split among the U.S. Circuit Courts on the issue of whether class action waivers in arbitration agreements are legal or not: the Second, Fifth and Eighth Circuits…more

Arbitration Agreements, AT&T Mobility v Concepcion, Class Action, Class Action Arbitration Waivers, NLRB

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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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Employers Beware: On-Duty and On-Call Rest Breaks Are Prohibited

On December 22, 2016, the California Supreme Court issued a decision, Augustus v. ABM Security Services, Inc., concluding that state law prohibits on-duty and on-call rest periods. This decision reverses a January 2015 decision…more

Brinker, CA Supreme Court, Class Action, Employer Liability Issues, On-Call Employees

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Trump Nominates Andrew Pudzer To Head Department of Labor

President-Elect Donald J. Trump intends to nominate Andrew F. Pudzer to head the U.S. Department of Labor, according to numerous sources familiar with his office. Pudzer is the CEO of the holding company that operates the fast…more

Administrative Appointments, DOL, Trump Administration

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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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A Tale of Shields & Swords or Are Data Transfers between the EU and the US legal once again?

The world changed on October 6, 2015; well, at least the world of data transfer between the European Union and the U.S. On that day, the European Court of Justice issued its “Schrems” judgment (case C-362/14) declaring the Safe…more

Article 29 Working Group, Binding Corporate Rules, Data Protection Authority, EU, EU-US Privacy Shield

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Unexpected Affirmative Action News: The U.S. Supreme Court Affirms that Universities and Colleges May Continue to Use Race as a Factor in Admissions

On June 23, 2016, in Fisher v. University of Texas et al., (“Fisher II”), the United States Supreme Court voted 4-3 to uphold the limited use of race in college and university admissions. The result was somewhat surprising…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Protection

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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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A Tale of Shields & Swords or Are Data Transfers between the EU and the US legal once again?

The world changed on October 6, 2015; well, at least the world of data transfer between the European Union and the U.S. On that day, the European Court of Justice issued its “Schrems” judgment (case C-362/14) declaring the Safe…more

Article 29 Working Group, Binding Corporate Rules, Data Protection Authority, EU, EU-US Privacy Shield

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United States District Court Issues Nationwide Injunction Halting Implementation of New “White Collar” Exemption Regulations

On November 22, 2016, the United States District Court for the Eastern District of Texas blocked implementation of the Department of Labor’s rule that nearly doubles the minimum salary level for the “white collar” exemptions…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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$15 is the New $10: California’s Minimum Wage Increase, and the Balancing Act with the New Federal Salary Threshold for Exempt Employees

We recently blogged about the U.S. Department of Labor’s dramatic increase in the salary threshold for exempt employees. The federal changes put California in the unusual position of having (at least as to one corner of the…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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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, NLRA, UAW, Unions, Volkswagen

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eAlert -- College Athletics Update: A Self-Assessment of Gender Equity in Athletics

December is here and the semester is wrapping up. In response to our Fall Athletics update, we heard from many of you that your institutions are interested in learning more about strategies for Title IX compliance in…more

Gender Equity, NCAA, OCR, Student Athletes, Title IX

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Felicia Reid Explores 2016 California Wage-and-Hour Law Affecting Agricultural Workers in Daily Journal

HK's Felicia Reid authored the Los Angeles/San Francisco Daily Journal “New Laws” supplement article titled, “AB 1066: Overtime for farmworkers.” The piece unpacks the Phase-In Overtime for Agricultural Workers Act of 2016, a…more

Agricultural Workers, Rest and Meal Break, Unpaid Overtime, Wage and Hour

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HK's Bill Ross Gives Update From The State Bar Business Law Section's Corporations Committee -- SEC Continues Actions Against Confidentiality and Severance Agreements - Publication - Legal Insights

In separate actions on August 10, 2016 and August 16, 2016, the Securities and Exchange Commission (“Commission”) has again brought enforcement actions against companies for having confidentiality provisions in their agreements…more

Confidentiality Agreements, Enforcement Actions, Restrictive Covenants, SEC, Severance Agreements

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Hirschfeld Kraemer files amicus brief in suit challenging Department of Labor’s new “Persuader Rule”

The Department of Labor recently issued a final “persuader rule” under the Labor-Management Reporting and Disclosure Act (“LMRDA”). The new rule expands the reporting and disclosure requirements of firms involved in persuader…more

Amicus Briefs, Attorney-Client Privilege, Collective Bargaining, Consultants, Disclosure Requirements

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Misappropriation of Trade Secrets: Make a Federal Case Out of It (Under the Defend Trade Secrets Act)

Last month, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law, which permits plaintiffs to bring civil claims for misappropriation of trade secrets in federal court. While trade secret theft has been a…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte

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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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City of Los Angeles “Bans The Box” Regarding Applicants’ Criminal History for Private Employers

As we first discussed, “ban the box” state laws and local ordinances are picking up traction nationwide. Both California and Los Angeles (in 2013 and 2014 respectively) passed legislation regulating public entities’ ability to…more

Ban the Box, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

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Contact

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

  • (415) 835-9000
  • (415) 834-0443

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

11-24 Attorneys

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