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, Entertainment 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

The Fair Work Week Ordinance: What LA Retailers Need to Know

Written by Jeremy Mittman and Thea Rogers On April 1st, the Los Angeles City Fair Work Week Ordinance (“FWWO”), an employee-friendly law affecting mid-size and large retail businesses, takes effect.  The FWWO, which was passed by the Los Angeles City Council during the final days of 2022, is generally applicable to retailers (with over 300 employees globally) with nonexempt employees who work at least two … Continue reading The Fair Work Week Ordinance: What LA Retailers Need to Know

mskllpLeave a comment
Labor & Employment

Are highly compensated executives still entitled to overtime pay under the FLSA? 

Yes, if the employer is not careful when structuring the pay arrangements. Written by Jonathan Turner and Gabriel Hemphill Employers under the Fair Labor Standards Act (“FLSA”) need to be aware of how to structure “salary” compensation arrangements with persons they are employing in an “executive” capacity to manage all or part of the employer’s business; otherwise, employers may find themselves subject to claims that … Continue reading Are highly compensated executives still entitled to overtime pay under the FLSA? 

mskllpLeave a comment
International Trade, Regulatory

301 Judgment by CIT – Not Down for the Count – Yet!

Written by Susan Kohn Ross On Friday, March 17, 2023, the Court of International Trade issued its decision in the pending 301 litigation. That decision can be found here. The judges agreed the actions by the U.S. Trade Representative (“USTR”) were adequate and found the tariffs valid for the products on Lists 3 and 4. [Lists 1 and 2 were never challenged.] It is entirely … Continue reading 301 Judgment by CIT – Not Down for the Count – Yet!

mskllpLeave a comment
Intellectual Property

Copyright Office Offers New Guidance for Registering Works Using AI-Generated Materials

Written by Robert H. Rotstein and James Berkley Today (March 16, 2023), the U.S. Copyright Office issued a statement clarifying its practices for examining and registering works containing material generated through use of artificial intelligence (“AI”) technology.  Published in the Federal Register, and available at this link, the statement offers public guidance for registration of works that embody, either wholly or in part, materials generated … Continue reading Copyright Office Offers New Guidance for Registering Works Using AI-Generated Materials

mskllpLeave a comment
Labor & Employment

NLRB Calls Into Question Confidentiality and Non-Disparagement Provisions in Agreements with Employees

Written by Jeremy Mittman, Jonathan Turner and Kyle DeCamp On February 21, 2023, the National Labor Relations Board (the NLRB) issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), that will impact employers in both unionized and non-unionized workplaces.  The decision holds that employers violate the National Labor Relations Act (the NLRA) when they present employees with severance agreements that contain overly broad … Continue reading NLRB Calls Into Question Confidentiality and Non-Disparagement Provisions in Agreements with Employees

mskllpLeave a comment
Labor & Employment

New Federal Workplace Protections for Pregnant and Nursing Employees, Reminiscent of…California Law?!

Written by Christie Del Rey-Cone and Thea Rogers It may surprise California-centric employers to learn that up until the final days of 2022, Federal law seldom required employers to provide reasonable accommodations to individuals with known pregnancy-related limitations, and millions of nursing mothers had no guaranteed right to lactation breaks during working hours.  On December 29, 2022, President Biden signed two laws that finally changed … Continue reading New Federal Workplace Protections for Pregnant and Nursing Employees, Reminiscent of…California Law?!

mskllpLeave a comment
Immigration

Pilot Program for Stateside Visa Renewals

Written by Deeba Fahami For the first time in almost 20 years, the State Department (“DOS”) will launch a pilot program later this year offering visa renewal options in the US for H-1B and L-1 workers who are currently required to travel abroad. Background The DOS is the agency who has exclusive authority to issue visas. Currently, visas may be issued only at a US … Continue reading Pilot Program for Stateside Visa Renewals

mskllpLeave a comment
Labor & Employment

Mandatory Arbitration Is Off The Ropes in California!

Reversing Itself, Ninth Circuit Invalidates California’s Ban on Mandatory Employment Arbitration Agreements Written by Stephen Rossi In 2018, California passed a controversial law called AB-51 (now Labor Code Section 432.6) that prohibited California employers from requiring arbitration agreements as a condition of employment – on pain of jail time and civil penalties.  AB-51 was immediately challenged and preliminarily enjoined under the Federal Arbitration Act (“FAA”), … Continue reading Mandatory Arbitration Is Off The Ropes in California!

mskllpLeave a comment
Immigration

H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023

Written by Lauren Hazday and Alina Charniauskaya Mehta Introduction: To obtain H-1B status for the first time, an employer or prospective employer of a foreign worker is required to go through the annual randomized H-1B lottery often referred to as “H-1B cap.” The H-1B lottery is run to meet the annual quota of 85,000 (20,000 reserved for U.S. advanced-degree holders and 65,000 for holders of … Continue reading H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023

mskllpLeave a comment
Payroll & Employment Taxes, Trusts & Estates

Employee Expense Reimbursements Will be More Difficult After COVID-19

Written by Jeffrey D. Davine Termination of COVID-19 Emergency. The White House recently announced that the Presidentially declared disaster concerning the COVID-19 pandemic will be withdrawn as of May 11, 2023.  The effect of this withdrawal will make it more difficult for employers to reimburse employees for their work-from-home expenses. Declaration of National Emergency. On March 13, 2020, President Trump declared a nationwide emergency as a result … Continue reading Employee Expense Reimbursements Will be More Difficult After COVID-19

mskllpLeave a comment