Hirschfeld Kraemer LLP

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

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
| Elections & Politics, Labor & Employment Law

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
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