Hirschfeld Kraemer LLP

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505 Montgomery Street
13th Floor
San Francisco, CA 94111, United States
Phone: (415) 835-9000
Fax: (415) 834-0443
Areas of Practice
  • Art, Entertainment, & Sports Law
  • Construction Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Professional Malpractice
  • Toxic Torts
  • Transportation
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Locations
Other U.S. Locations
  • California
Number of Attorneys
11-24 Attorneys

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

Dear Colleague Letter, Department of Education, DOJ, Educational Institutions, Obama Administration

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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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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

DHS, Electronically Stored Information, Executive Orders, Immigration Enforcement, New Guidance

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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

Controlled Substances Act, Decriminalization of Marijuana, Employment Policies, New Regulations, Popular

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Chipping Away at Arbitration: California Supreme Court Further Limits Arbitration Waivers

On April 6, 2017, the California Supreme Court held that an arbitration agreement waiving the right to public injunctive relief is contrary to California public policy and is unenforceable under California law. In McGill v…more

Arbitration Agreements, CA Supreme Court, Citibank, Class Action, CLRA

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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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Does Title VII Prohibit Employment Discrimination Against Gay and Transgender Persons? Jeff Sessions Says No, but the Supreme Court Will Likely Weigh In

On October 4th, in a memo to all U.S. Attorneys and heads and federal agencies, Attorney General Jeff Sessions stated that Title VII of the Civil Rights Act of 1964, as a matter of law, does not prohibit employment…more

Appeals, Discrimination, DOJ, EEOC, Gender Identity

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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

Bank of America, CVS, Employer Liability Issues, PAGA, Putative Class Actions

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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

Brinker, CA Supreme Court, Class Action, Employer Liability Issues, On-Call Employees

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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

Employer Liability Issues, Reasonable Person Test, Sexual Harassment

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How to Engage an Intern and Not End Up with an Employee

Welcome to the third article in our four-part Spring Series discussing important developments in California’s wage and hour laws that impact our higher education clients. Earlier, we provided a general overview of California…more

Colleges, DACA, DLSE, FLSA, Foreign Students

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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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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

Employer Liability Issues, Rest and Meal Break, Sales Commissions, Salespersons, Wage and Hour

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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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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

EEOC, Gender Discrimination, Sexual Orientation Discrimination, Title VII, Transgender

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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

See all updates »

California Labor Commissioner Publishes Another Required Notice for New Hires

The California Labor Commissioner has published a written notice related to the rights of employees who are the victims of domestic violence, sexual assault and stalking. Employers must provide this written notice to all new…more

Domestic Violence, Employer Mandates, Governor Brown, Hiring & Firing, Labor Code

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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

Data Protection Authority, EU, General Data Protection Regulation (GDPR), International Data Transfers, Multinationals

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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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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

Data Protection Authority, EU, General Data Protection Regulation (GDPR), International Data Transfers, Multinationals

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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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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

Agricultural Workers, Rest and Meal Break, Unpaid Overtime, Wage and Hour

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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

Confidentiality Agreements, Enforcement Actions, Restrictive Covenants, SEC, Severance Agreements

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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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Employment Considerations During Natural Disasters

Tragic events such as the fires currently affecting both Northern and Southern California often leave employers unable to run business as usual. Be it property damage or safety concerns, this disruption in business can leave…more

Natural Disasters, Wage and Hour

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