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

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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Cybersecurity, Regulatory

Are You Sure Your Website Terms and Conditions and Privacy Policy Are Enforceable? Maybe Not!

Written by Susan Kohn Ross and Lucy Holmes Plovnick One of the many challenges facing companies that do business on line is taking the steps necessary to make sure their website terms of service and privacy policies (and any other terms and conditions) are enforceable to the greatest extent possible in case of a dispute with their customers/users. There is no specific formula to follow, … Continue reading Are You Sure Your Website Terms and Conditions and Privacy Policy Are Enforceable? Maybe Not!

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COVID-19, Labor & Employment

Cal/OSHA Approves Third Adoption of COVID-19 ETS

Written by Jeremy Mittman and Gary McLaughlin On April 21, Cal/OSHA voted to approve the third adoption of the COVID-19 Emergency Temporary Standard (ETS), which will be effective May, 6, 2022 until December 31, 2022. Our blog posts on the previous versions of the ETS can be found here and here. Significant changes in the third adoption include:  Vaccination status definition removed. In the new … Continue reading Cal/OSHA Approves Third Adoption of COVID-19 ETS

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Immigration

USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

Written by David S. Rugendorf Today (March 18, 2022) the U.S. Citizenship and Immigration Services (USCIS) announced that beginning April 1, 2022, it will mail notices to certain E and L nonimmigrant spouses, specifically those who entered the United States before January 30, 2022 and who are the beneficiaries of an approved Form I-539 extension of status.  These notices, along with an unexpired I-94, will … Continue reading USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

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