Hirschfeld Kraemer LLP

Supreme Court Opens The Floodgates To Pregnancy Discrimination Cases

This week, in Young v. United Parcel Service, Inc., the United States Supreme Court found that, under Title VII, employers must provide pregnant employees with the same accommodations that they provide to employees in similar…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Business Organizations, Civil Procedure, Commercial Law & Contracts, Securities Law

Can employers require vaccinations?

Vaccines for children have been front-page news around the country ever since the breakout of measles at Disneyland earlier this year. Rightfully, the focus has been on children who are unvaccinated and the effect it has on…more
| Civil Rights, Labor & Employment Law, Health

Implementation Of DACA Expansion And New DAPA Program Delayed

Even before the President’s executive actions on immigration have been implemented, there is a new development. On Monday, a federal district court in Texas issued a preliminary injunction blocking implementation of the new…more
| Civil Remedies, Constitutional Law, Elections & Politics, Labor & Employment Law, Immigration Law

Unvaccinated Workers: An Employer’s Rights And Obligations

Vaccines for children have been front-page news around the country after the breakout of measles at Disneyland. Rightfully, the focus has been on children who are unvaccinated and the effect that it has on schools and places of…more
| Civil Rights, Labor & Employment Law

eAlert -- H-1B Visas - Time to Get Started!

February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap. Many of our clients are exempt from the H-1B cap: colleges, universities,…more
| Education, Immigration Law, Labor & Employment Law, Nonprofit Law

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
| Education, Labor & Employment Law

It’s That H-1B Time of Year Again!

February has rolled around again and we’re thinking about powder days for skiing in the mountains and Caribbean vacations to find some sun, and April showers to bring May flowers… yes, April is right around the corner! So it’s…more
| Labor & Employment Law, Immigration Law

“Honest Belief” Defense Remains Unresolved In California

The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law. Instead, in Richey v. Autonation, Inc., the Court punted on the decision…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law

Did The State Of The Union Matter For Employers?

The short answer: not really. This year’s State of the Union Address, delivered by a lame-duck President to a hostile Congress, contained ideas that, if enacted, would surely affect American employers. But in the end, the…more
| Labor & Employment Law

No Waiver Of PAGA Representative Claims (Yet)

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC. Had the Court heard the Iskanian case, it was expected to find…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Labor & Employment Law, Transportation

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
| Education

The President’s Executive Actions on Immigration: What Employers Need To Know

On November 20, 2014 President Obama announced a set of immigration changes to be implemented by executive action within the parameters of current U.S. immigration laws. The announcement was accompanied by a 33-page memorandum…more
| Elections & Politics, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Supreme Court Rejects Compensation For Antitheft Security Screenings, But Would A California Court Find Differently?

The U.S. Supreme Court unanimously held this week that time spent by employees going through a post-shift security screening is not compensable time. In a relatively brief and uncontroversial opinion, the Court found in…more
| Civil Procedure, Labor & Employment Law

FAQ About California’s New Sick Leave Law

In what is potentially the biggest change to California’s employment laws, beginning July 1, 2015, all California employers will be required to provide paid sick leave to all employees who have completed 90 days of work. With…more
| Labor & Employment Law
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