Author: mskllp

Since 1908, Mitchell Silberberg & Knupp LLP (MSK) has proven its ability to understand the complex, demystify the mysterious, and define the unknown. With more than 130 lawyers and offices in Los Angeles, New York, and Washington D.C., MSK is often distinguished as a “go-to” firm by industry and legal insiders, and has extensive experience in a variety of practice areas, including Entertainment & IP Litigation, Labor & Employment, Motion Picture, Television & Music Transactions, Immigration, Corporate Securities, Regulatory, Tax, Trusts & Estates, Real Estate and International Trade. Relentlessly innovative, our lawyers have developed groundbreaking legislation, established influential precedents, and shaped the legal landscape. For more information, visit www.msk.com.
Labor & Employment

Measure to Repeal PAGA Qualifies for 2024 California General Election Ballot

Written by Jeremy Mittman On July 22, 2022, the California Secretary of State announced that a measure to repeal the Private Attorneys General Act (PAGA), which authorizes aggrieved employees to file lawsuits on behalf of themselves, other employees, and the State of California for Labor Code violations, is qualified for the statewide ballot in November 2024. The proposed initiative, titled the “Labor Code Fair Pay … Continue reading Measure to Repeal PAGA Qualifies for 2024 California General Election Ballot

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COVID-19, Labor & Employment

Hollywood Extends “Return to Work” COVID-19 Protocol Agreement Through September

Written by Jeremy Mittman Hollywood’s unions and producers extended their Return-to-Work agreement through September 30, 2022 amidst surging COVID-19 cases in Los Angeles.  The initial agreement between the AMPTP, DGA, IATSE, SAG-AFTRA, and Teamsters/Basic Crafts was signed in September 2020 and established COVID-19 safety protocols for guild productions. Since then, it has been extended eight times.  In May of 2022, the agreement was updated to … Continue reading Hollywood Extends “Return to Work” COVID-19 Protocol Agreement Through September

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Labor & Employment

Take a Seat: Summary Judgement Reversed in Suitable Seating Suit 

Written by Jeremy Mittman Last week, a California appeals court reversed a summary judgement in favor of AutoZoners, who was sued by an ex-employee for failing to provide her with suitable seating, ruling that triable issues of material fact exist. Background The plaintiff worked as a sales associate at an AutoZone parts store operated by AutoZoners, assisting customers at cashier counter and parts counter workstations. … Continue reading Take a Seat: Summary Judgement Reversed in Suitable Seating Suit 

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Labor & Employment

West Hollywood Ordinance Significantly Expands Guaranteed Leave

Written by Gary McLaughlin As of July 1, 2022, West Hollywood employers are subject to a new ordinance that establishes significant changes to citywide guaranteed leave provisions. The new ordinance provides West Hollywood employees with up to 96 hours of compensated time off (CTO) per year (for vacation, sick leave, or “personnel necessity” time), and also up to 80 hours of uncompensated time off per … Continue reading West Hollywood Ordinance Significantly Expands Guaranteed Leave

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Labor & Employment

U.S. Supreme Court Rules Individual PAGA Claims May Be Compelled to Arbitration in Favorable Decision for California Employers

Written by Gary McLaughlin Last week, the U.S. Supreme Court issued a decision in Viking River Cruises, Inc. v. Moriana, ruling that California authority prohibiting mandatory arbitration of claims brought under the Private Attorneys General Act (PAGA) is preempted by the Federal Arbitration Act (FAA) and that such claims can be compelled to arbitration – a welcome victory for California employers.  Background California’s Private Attorneys … Continue reading U.S. Supreme Court Rules Individual PAGA Claims May Be Compelled to Arbitration in Favorable Decision for California Employers

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International Trade, Regulatory

Forced Labor Rules Published – What Do They Mean For Importers?

Written by Susan Kohn Ross When the Uyghur Forced Labor Prevention Act  (the “Act”) was signed into law in December 2021, many international traders looked at it and quickly realized a very high bar had been set for compliance, and that the impact on many U.S. companies would be significant, as well as negative. The hope was the mandated report to Congress would help clarify … Continue reading Forced Labor Rules Published – What Do They Mean For Importers?

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Corporate, Labor & Employment

Corporate Board Diversity Mandates Under Fire in California

Written by Jeremy Mittman and Nimish Patel California’s groundbreaking laws mandating corporate board diversity are under fire as two California courts recently ruled them unconstitutional. The courts struck down two California statutes – SB 826 and AB 979 – which required corporations doing business in the Golden State to have a certain number of sitting directors who were female or who were identified as members … Continue reading Corporate Board Diversity Mandates Under Fire in California

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Labor & Employment

California Court Rules that Employers May Be On The Hook For Unreimbursed Remote Work Expenses

Written by Jeremy Mittman and Kyle DeCamp Last week, in a decision of interest to California employers, a California judge denied Amazon’s request to dismiss a lawsuit that claims the company had no policy in place to reimburse employees for expenses incurred while working from home, in violation of state law. Background A senior software development engineer sued Amazon for reimbursement of expenses he alleged … Continue reading California Court Rules that Employers May Be On The Hook For Unreimbursed Remote Work Expenses

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Intellectual Property

Industrial Strength Parody – Fair Use and Musicals

Written by Ian Logan On May 12, 2022, Judge Laura Taylor Swain of the Southern District of New York held that Vape—a parodic retelling of famous musical Grease through a feminist lens—constitutes fair use.  See Sketchworks Industrial Strength Comedy, Inc. v. James H. Jacobs, et al., No. 19-CV-7470-LTS-VF, 2022 WL 1501024 (S.D.N.Y May 12, 2022).  The case was initiated by Sketchworks, a Georgia-based sketch comedy … Continue reading Industrial Strength Parody – Fair Use and Musicals

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Labor & Employment

Walmart Dodges Claim for “Waiting Time Penalties” Under California Law In Helpful Independent Contractor Law Decision

Written by Jeremy Mittman In a case that may be helpful to California companies who engage models or actors for photoshoots, commercials, or advertisements, Walmart prevailed over a model’s California wage claims last week when the Ninth Circuit found in Hill v. Walmart, Inc. that the retailer had a “good faith belief”—and therefore a defense— that it appropriately classified her as an independent contractor. Background … Continue reading Walmart Dodges Claim for “Waiting Time Penalties” Under California Law In Helpful Independent Contractor Law Decision

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