Hirschfeld Kraemer LLP

Natasha Baker Breaks Down Fisher II on Law360

On June 23, 2016, the U.S. Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin (Case No. 14–981)(Fisher II), ending nearly eight years of litigation involving UT’s use of race as a factor in…more

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

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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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Final Regulations from the U.S. Department of Labor Raise Exempt Employee Salary Threshold to $47,476 and Extend Overtime Protections to 4 Million Employees

On May 18, 2016, the U.S. Department of Labor (DOL) released the long-awaited Final Rule on overtime pay applicable to employers across the country, which, when implemented on December 1, 2016, is expected to extend overtime pay…more

DOL, Final Rules, FLSA, Minimum Salary, Misclassification

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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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Employers Get a Break on Disclosure of Union Organizing Efforts and Advice: Texas Court Blocks Implementation of the DOL’s “Persuader Rule”

In this blog, we have previously covered the United States’ Department of Labor’s controversial efforts to effect a significant change to the so-called “Persuader Rule,” a regulation first proposed by the United States…more

Attorney-Client Privilege, Disclosure Requirements, DOL, Due Process, Fifth Amendment

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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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A New Year = New Laws for California Employers

It’s that time again – a new year means new laws and regulations for California employers. Below we summarize new legislation that will affect employers doing business in California. Unless otherwise indicated, the new laws…more

Cheerleaders, E-Verify, Equal Pay, Grocery Store Workers, Labor Commissioners

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The McDonald’s NLRB Case: At The Intersection Of Hot Legal And Political Issues

Despite popular belief, the fate of fast food franchises around the country does not rest in the hands of Lauren Esposito, an unelected administrative judge for the National Labor Relations Board (NLRB). Whatever decision Judge…more

ALJ, Fast-Food Industry, Franchisors, Joint Employers, McDonalds

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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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$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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U.S. Supreme Court Agrees to Review Ninth Circuit Ruling Denying FLSA Exempt Status To Service Advisors at Automobile Dealerships

Navarro v. Encino Motorcars, LLC, is a wage and hour case brought by five service advisors who worked at a California automobile dealership, seeking overtime pay under the Fair Labor Standards Act (FLSA) and state law. The…more

Car Dealerships, FLSA, Navarro v Encino Motorcars, SCOTUS, Service Advisors

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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

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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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Contact

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  • (415) 835-9000
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Areas of Practice
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Other U.S. Locations
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Number of Attorneys

11-24 Attorneys

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