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.
COVID-19, Labor & Employment

It’s Back!  COVID-19 Supplemental Paid Sick Leave Returns in California

Written by Jeremy Mittman On February 10, 2022, California Governor Gavin Newsom signed Senate Bill 114 (SB 114), which brings back COVID-19 supplemental paid sick leave, into law. SB 114, which applies to employers with 25 or more employees, will go into effect on February 20, 2022, applies retroactively to January 1, 2022, and will be in effect through September 30, 2022. While the new … Continue reading It’s Back!  COVID-19 Supplemental Paid Sick Leave Returns in California

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Immigration

US Authorities Implement New Admission Codes for E and L Spouses, Providing for Employment Authorization Automatically Upon Entry

Written by David S. Rugendorf As of January 31, 2022, the US Customs and Border Protection has begun providing spouses of E and L-1 nonimmigrants with a special designation code upon admission to the United States.  Following a lawsuit settlement that was announced in November, 2021, these spouses will be allowed to work in the United States immediately upon entry.  These spouses will be issued … Continue reading US Authorities Implement New Admission Codes for E and L Spouses, Providing for Employment Authorization Automatically Upon Entry

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Labor & Employment

Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat 

Written by Jeremy Mittman Last week, the California Supreme Court clarified the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. In its decision, the high court clarified that such claims should not be evaluated under the McDonnell Douglas test, but that the standard set forth in the more employee-friendly California Labor Code section 1102.6 should apply instead. Background In Lawson … Continue reading Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat 

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Labor & Employment

New York City Enacts Pay Transparency Law

Written by Christie Del Rey-Cone Employers in the Big Apple will soon be required to be more transparent about a position’s salary range, following a recent slew of pay transparency legislation nationwide. Effective May 14, 2022, employers must include the minimum and maximum salary range when advertising a job, promotion, or transfer opportunity located within New York City.  Requirements The new law amends the New … Continue reading New York City Enacts Pay Transparency Law

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Labor & Employment

The Potential for Viable Whistleblowing Claims Is About To Become Larger and Louder In New York

Written by Christie Del Rey-Cone Historically, New York Labor Law Section 740 provided rather narrow protections for employees of private employers who engaged in potential whistleblower activities. However, at the end of 2021, Governor Kathy Hochul signed legislation that significantly broadened the scope of individuals and activities covered by Section 740 and those changes become effective on January 26, 2022. Employers must now take even … Continue reading The Potential for Viable Whistleblowing Claims Is About To Become Larger and Louder In New York

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COVID-19, Labor & Employment

New Masking Mandate for Los Angeles Employers

Written by Jeremy Mittman Last week, the Los Angeles County Department of Public Health issued a new order amid the rapid spread of the omicron COVID-19 variant. Notably, under the new order employers are required to provide medical-grade masks to their employees who work indoors and in close contact with others as soon as possible, but no later than January 17, 2022. The new rule … Continue reading New Masking Mandate for Los Angeles Employers

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COVID-19, Labor & Employment

California Court rules Employer Can be Sued By Employee for COVID-19 Death of Her Husband

Written by Jeremy Mittman and Daniel Innamorati The California Second District Court of Appeals affirmed a trial court’s ruling allowing a lawsuit to proceed against See’s Candies alleging that insufficient safety protocols led to a worker contracting COVID-19, transmitting it to her husband, and causing her husband’s death.  In allowing the case to go forward, the Second District ruled that the California Workers’ Compensation Act … Continue reading California Court rules Employer Can be Sued By Employee for COVID-19 Death of Her Husband

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Intellectual Property

The Dawn of a New Day: USPTO Implements the TMA

Written by Alesha M. Dominique and Caen A. Dennis On November 17, 2021, the United States Patent and Trademark Office (USPTO) issued its highly anticipated final rule, which amends the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020 (TMA).  Many parts of the final rule will go into effect on December 18, 2021, with other portions effective on December 1, 2022.  … Continue reading The Dawn of a New Day: USPTO Implements the TMA

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Immigration

Potential Changes to PERM Recruitment Processes following Facebook Settlement

Written by Stephen A. Blaker On October 20, 2021, the U.S. Departments of Labor (DOL) and Justice (DOJ) announced separate settlement agreements with Facebook in connection with the company’s PERM labor certification applications. The PERM labor certification program allows companies like Facebook to provide sponsorship for the company’s employees seeking permanent resident status (“green card”) in the United States. This application process requires the U.S. … Continue reading Potential Changes to PERM Recruitment Processes following Facebook Settlement

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Immigration

USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses

Written by David S. Rugendorf Following on the November 11, 2021 announcement of a settlement agreement on the subject (see our MSK Immigration Alert, “USCIS Agrees To Relief For L-2 And H-4 Spousal Work Authorization (EAD) Applicants” (November 11, 2021)), the USCIS today issued guidance on its new policy, titled “Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses” (USCIS Office of the … Continue reading USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses

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