IT’S BACK! MOST CALIFORNIA EMPLOYERS NOW NEED TO PROVIDE SUPPLEMENTAL COVID-19 SICK LEAVE

Written by Jeremy Mittman and Thea Rogers On March 18, 2021, the California Senate voted to approve Senate Bill 95, thereby extending the previous COVID-19 supplemental paid sick leave law that expired on December 31, 2020. Governor Newsom signed the law into immediate effect on March 19; it applies retroactively to January 1, 2021, the obligation to provide the leave begins on March 29 (ten … Continue reading IT’S BACK! MOST CALIFORNIA EMPLOYERS NOW NEED TO PROVIDE SUPPLEMENTAL COVID-19 SICK LEAVE

Mandatory COVID-19 Vaccination Policies Could Carry Risks In Light of FDA Authorization Status

Writtten by Jeremy Mittman and Shanda Lowe A year after many businesses in the United States were forced to reduce or shut down operations because of the COVID-19 pandemic, the availability of multiple vaccines is giving hope that a return to “normal” is finally on the horizon. Although most employers have not adopted a mandatory vaccination policy (and to do so now would likely be … Continue reading Mandatory COVID-19 Vaccination Policies Could Carry Risks In Light of FDA Authorization Status

Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer

Written by Jeremy Mittman and Daniel Innamorati A federal judge in the Northern District of California tossed a lawsuit by the wife of an employee who allegedly contracted COVID-19 at work and transmitted the virus to her, finding that the wife’s claims are preempted by California’s worker’s compensation law.   Mrs. Corby Kuciemba claimed she contracted COVID-19 after her husband, a Victory Woodworks Inc. employee, … Continue reading Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer

(Don’t) Roundup: California Supreme Court Provides Meal Period Guidance to Employers

Written by Jeremy Mittman and Stephen Franz On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC issued two holdings clarifying employers’ duties to provide 30-minute meal periods to employees: (1) employers cannot round employees’ time in the meal period context; and (2) employers’ time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. In Donohue, the … Continue reading (Don’t) Roundup: California Supreme Court Provides Meal Period Guidance to Employers

Is Your Cargo Congested? Try This!

Written by Susan Kohn Ross A New Year typically brings hope, optimism, and a fresh outlook.  Unfortunately, when it comes to our shipping ports, the current circumstances lack anything that one could call hopeful. And,  it appears things have gone from bad to worse. There are lots of reasons for the current mess. And, just as it took a long time for things to get … Continue reading Is Your Cargo Congested? Try This!

Powers of Attorney for Freight Forwarders and Customs Brokers

On February 24, 2021, MSK Partner Susan Kohn Ross presented via live webinar on “Powers of Attorney for Freight Forwarders and Customs Brokers.” Please enjoy a recording of this webinar and contact skr@msk.com with any questions pertaining to powers of attorney. Continue reading Powers of Attorney for Freight Forwarders and Customs Brokers

Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available

Written by Aaron D. Johnston On February 2, 2021, the Ninth Circuit issued Desire, LLC v. Manna Textiles, Inc., 2021 WL 345583 (9th Cir. 2021), holding that where one upstream infringer was jointly and severally liable with various downstream infringers (who were not jointly and severally liable with each other) in three distinct infringing distribution chains, plaintiff could only be awarded one statutory award rather … Continue reading Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available

Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement

Written by Lillian Lee On January 28, 2021, the U.S. District Court for the Northern District of California addressed an online retailer’s liability for copyright and trademark infringement arising out of its users’ submissions.  Atari Interactive, Inc. v. Redbubble, Inc., Case No. 4:18-cv-03451.  The court on cross-motions for summary judgment deferred on most issues, holding that Plaintiff Atari Interactive, Inc. (“Atari”) could proceed on some … Continue reading Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement

California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

Written by Jeremy Mittman and Hilary Feybush On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchising, Inc., 2021 WL 127201 (Cal. Jan 14, 2021) held that its landmark April 2018 Dynamex decision for determining independent contractor status applies retroactively. This question was posed to the California Supreme Court by the Ninth Circuit after it withdrew its May 2019 holding that the Dynamex test applied retroactively. … Continue reading California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

Quarantine Requirements and US Visa Applications

Written by Frida Popik Glucoft The COVID-19 pandemic continues to have a significant impact on US immigration and the visa process. In addition to the recently announced negative COVID test requirements for US travelers, some embassies are issuing specific quarantine measures as well. The U.S. Embassy in Paris has just announced that in order to protect its employees and visa applicants, anyone applying for a visa … Continue reading Quarantine Requirements and US Visa Applications