Hirschfeld Kraemer LLP

U.S. DOL Appeals Texas Injunction of FLSA Salary Regs

As we previously reported, a federal judge in Texas recently issued a nationwide injunction putting a halt to regulations issued by the U.S. Department of Labor (DOL), which would have doubled the minimum salary needed to…more
| Civil Procedure, Labor & Employment Law

Expect Big Changes in Labor and Employment From the Trump Administration

Since at least the 1920s, Republicans have been viewed as the party of commerce, small government and less regulation. And, to be sure, most Republicans still are. But Donald Trump challenged all of those assumptions by running…more
| Elections & Politics, Labor & Employment Law

Texas Federal Court Permanently Enjoins DOL “Persuader Rule”

It has been a busy month for the federal courts in Texas, and a long one for the United States Department of Labor (the “DOL”). As we blogged here last week, on November 21, 2016, the United States District Court for the Eastern…more
| Civil Procedure, Labor & Employment Law

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
| Labor & Employment Law

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
| Business Organizations, Labor & Employment Law, Securities Law

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
| Education, Labor & Employment Law

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
| Civil Procedure, Civil Rights, Constitutional Law, Education

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
| Civil Remedies, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law

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
| Civil Procedure, Civil Rights, Constitutional Law, Education

Take a Seat (if Reasonable): The California Supreme Court “Clarifies” Employee Seating Requirements

In April, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court weighed in, at the request of the Ninth Circuit, on elements of two California Wage Orders that have, until now, received relatively little notice, and have…more
| Civil Procedure, Labor & Employment Law

$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
| Labor & Employment Law

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
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property, Labor & Employment Law

Employment Law Alliance’s Higher Education Council Files Amicus Brief with NLRB in Graduate Workers of Columbia v. Trustees of Columbia University

A trio of law firms, representing more than a dozen firm members of the Higher Education Council of the Employment Law Alliance (ELA), have filed an amicus curiae brief with the U.S. National Labor Relations board in the matter…more
| Administrative Law, Education, Labor & Employment Law

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
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Education, Labor & Employment Law

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
| Labor & Employment Law
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