Hirschfeld Kraemer LLP

EU Data Privacy Rules and Penalties Reach America: Are You Ready?

What is European Data Privacy Law and why does it impact California and other U.S. based companies? The Charter of Fundamental Rights of the European Union, Article 8, protects everybody’s personal information…more
| Commercial Law & Contracts, Privacy, International Law & Trade

Commission-Based Employees in California Must Receive Separate Pay for Rest Breaks

Last week, in Vaquero v. Stoneledge Furniture, LLC, Case No. B269657, the California Court of Appeal decided that hourly employees that are exclusively compensated on a commission basis must also be separately paid for required…more
| Labor & Employment Law

Trump Administration Withdraws Obama-Era Protections for Transgender Students

Trump Administration Withdraws Obama-Era Protections for Transgender Students - On Wednesday evening, the United States Department of Justice and Department of Education issued a joint “Dear Colleague” guidance letter…more
| Education, Elections & Politics

Huggers And Massagers Beware: Ninth Circuit Sends Office Hugger Case To Trial

We all know this creepy guy. In some offices, he bear hugs female co-workers. In others, he serves as the office masseuse, casually massaging the shoulders of any seated woman he passes in a conference room…more
| Civil Procedure, Labor & Employment Law

Trump Administration's New DHS Immigration Enforcement Criteria And The Future of Travel/Visa Ban

After a short lull in immigration policy action, things are changing again. Last week the Trump Administration informed the 9th Circuit Court of Appeals that it would issue a new Executive Order (EO) on the travel/visa ban this…more
| Elections & Politics, Labor & Employment Law, Immigration Law, International Law & Trade

Physician Heal Thyself: California Sets Nation’s Highest Standard For Health Care Workplace Violence Prevention

The facts are distressing: according to federal Occupational Safety and Health Administration statistics, over half of all reported workplace violence incidents occurred against workers in healthcare and social assistance…more
| Health, Labor & Employment Law

Trump Labor Nominee, Andrew Puzder, Withdraws

Andrew Puzder, the fast food CEO that Donald J. Trump nominated to be Labor Secretary, abruptly withdrew his name from consideration today following revelations that he was physically abusive to his wife and that he employed an…more
| Elections & Politics, Labor & Employment Law

Take a Seat: Takeaways from Bank of America’s $15 Million Suitable Seating Settlement

As we previously blogged here, in April 2016, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court ruled, without providing much guidance, that suitable seating is required “when the nature of the work reasonable permits…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

eAlert - Immigration Update: Effect of Executive Order

Dear clients and friends of the firm: You may be getting questions from your campus community about the Executive Order (EO) "Protecting the Nation from Terrorist Attacks by Foreign Nationals” affecting citizens of Iran,…more
| Education, Elections & Politics, Immigration Law

Another Great Unknown: the Future of LGBT Protections Under President Trump

During the first few weeks (or even months) in office, President Trump will have a lot of key issues (e.g., healthcare and immigration) on his agenda. What we do not know is whether President Trump and his administration will…more
| Civil Rights, Elections & Politics, Labor & Employment Law

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
| Agriculture, Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

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
| Labor & Employment Law

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
| Labor & Employment Law

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
| Conflict of Laws, Labor & Employment Law
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