Ninth Circuit Permits Ashley Judd to Pursue Sexual Harassment Claim Against Harvey Weinstein Due to “Inherent Power Imbalance”

Written by Jeremy Mittman and Bethanie Thau Late last week, the Ninth Circuit reversed dismissal of actress Ashley Judd’s sexual harassment claim against producer and Miramax co-founder Harvey Weinstein.  Judd’s harassment claim alleges Weinstein derailed Judd’s potential casting in The Lord of the Rings films after she rebuffed his sexual advances during a hotel room business meeting early in Judd’s career.  The revived claim alleges … Continue reading Ninth Circuit Permits Ashley Judd to Pursue Sexual Harassment Claim Against Harvey Weinstein Due to “Inherent Power Imbalance”

TAKE THAT JOB AND SHOVE IT! NLRB ADOPTS NEW STANDARD FOR ADDRESSING OFFENSIVE STATEMENTS IN THE WORKPLACE

Written by Jeremy Mittman and Hilary Feybush Last week, the National Labor Relations Board (“Board”) issued a decision making it easier for employers to lawfully discipline or terminate employees who make abusive or offensive statements – including profane, racists, and sexually unacceptable remarks – in the course of activity that would otherwise fall under the protection of the National Labor Relations Act (“NLRA”).   In … Continue reading TAKE THAT JOB AND SHOVE IT! NLRB ADOPTS NEW STANDARD FOR ADDRESSING OFFENSIVE STATEMENTS IN THE WORKPLACE

Come Fly The Friendly Skies? California Supreme Court Rules California Wage Laws Do Not Always Apply to Working In The Golden State

Written by Jeremy Mittman and Stephen Franz The California Supreme Court recently issued two companion decisions – Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc. – clarifying the application of certain California wage and hour laws to employees who may work both in and out of California during a single pay period. New Rule for Applying California’s Wage Statement and Timing-of-Payment … Continue reading Come Fly The Friendly Skies? California Supreme Court Rules California Wage Laws Do Not Always Apply to Working In The Golden State

President Trump Signs Executive Order Prioritizing Skills over a College Degree for Federal Hiring

Written by Jeremy Mittman and Corey Singer On June 26, 2020, President Trump signed an executive order that will overhaul the government’s hiring practices so that a job applicant’s skills will be given a priority over a college degree.  The executive order directs federal agencies to shift from vetting applicants based on their educational credentials and move toward using skill assessments and interviews with subject … Continue reading President Trump Signs Executive Order Prioritizing Skills over a College Degree for Federal Hiring

MSK Minute: Hilary Feybush Discusses New EEOC Return to Workplace Guidance

In this video, MSK attorney Hilary Feybush discusses the most recent update to return to workplace guidance issued by the EEOC, which covers questions relating to an employer’s obligation to provide accommodations to “high risk” employees and other considerations for a safe return to the office. Continue reading MSK Minute: Hilary Feybush Discusses New EEOC Return to Workplace Guidance

Lights, Cameras, Action! Los Angeles Greenlights Resumption of Filming for Productions

Written by Jeremy Mittman and Carly Epstein Over the last week, California and Los Angeles have announced the protocols that must be in place for music, TV, and film productions to re-open. On Friday, June 5, 2020, the California Department of Public Health (the “Department”) stated that music, TV, and film production may resume “no sooner than June 12, 2020” subject to several conditions.  The … Continue reading Lights, Cameras, Action! Los Angeles Greenlights Resumption of Filming for Productions

In a Landmark Ruling, Supreme Court Holds That Title VII Protects Gay and Transgender Workers from Workplace Discrimination

Written by Jeremy Mittman and Corey Singer The U.S. Supreme Court issued another pivotal win in the movement for LGBT equality today, ruling that the workplace prohibition on gender bias in Title VII of the Civil Rights Act also protects workers from discrimination based on sexual orientation and gender identity.   Justice Neil Gorsuch, writing for the Court, in a 6-3 opinion, held that a … Continue reading In a Landmark Ruling, Supreme Court Holds That Title VII Protects Gay and Transgender Workers from Workplace Discrimination

MSK Minute: Jonathan Turner Discusses COVID-19 & Liability Regarding Employee Family Members

In this video, MSK partner Jonathan Turner discusses The California Executive Order that created a rebuttable presumption, for purposes of receiving workers’ compensation benefits, that employees who test positive for COVID-19 contracted the virus while at work. Jonathan addresses whether employers should challenge this presumption, and the unforeseen implications that could potentially arise, including whether an employee’s family member could sue the employer for contracting … Continue reading MSK Minute: Jonathan Turner Discusses COVID-19 & Liability Regarding Employee Family Members