Category: Labor & Employment

Labor & Employment

Independent Contractor or Employee? With Recent Amendments to California’s AB 5 Law, The Battle Continues

Written by Jeremy Mittman and Adé Jackson  Earlier this month Governor Newsom signed AB 2257, which was the culmination of a furious lobbying effort by specific industries (only some of which were successful) to amend California’s new independent contractor law (also known as “AB 5”). It was also considered a “cleanup” bill to tinker around the edges of the law’s requirements.  Much of the controversy … Continue reading Independent Contractor or Employee? With Recent Amendments to California’s AB 5 Law, The Battle Continues

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COVID-19, Labor & Employment

COVID-19 Workplace Outbreaks in California: Now Covered by Workers’ Compensation and Subject to Detailed Employee and Health Department Notification Obligations

Written by Jeremy Mittman and Tiana Bey On September 17, 2020, Governor Gavin Newsom signed two laws designed to protect California workers exposed or potentially exposed to COVID-19 at the workplace: Senate Bill (“SB”) 1159 and Assembly Bill (“AB”) 685. Workers’ Compensation for COVID-19 Under SB 1159, California established a new rebuttable presumption that requires employers to treat a COVID-19 related illness or death of an employee as a workplace injury … Continue reading COVID-19 Workplace Outbreaks in California: Now Covered by Workers’ Compensation and Subject to Detailed Employee and Health Department Notification Obligations

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COVID-19, Labor & Employment

COVID Continuation: California Expands Supplemental Paid Sick Leave Coverage for Employers With Over 500 Employees

Written by Jeremy Mittman and Stephen Franz On September 9, 2020, Governor Gavin Newsom signed Assembly Bill (“AB”) 1867.  AB 1867 amends the Labor Code and requires, among other things, that private employers with 500 or more workers (i.e. those that are excluded from the Families First Coronavirus Response Act) provide COVID-19 supplemental paid sick leave beginning September 19, 2020.  The Purpose of AB 1867: … Continue reading COVID Continuation: California Expands Supplemental Paid Sick Leave Coverage for Employers With Over 500 Employees

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COVID-19, Labor & Employment, Videos

MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

As kids begin returning to school in person, virtually or on a hybrid schedule, new questions regarding an employee’s eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are emerging. In this video, MSK attorney Stephen Franz addresses these questions and more. Continue reading MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

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Labor & Employment

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”

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Labor & Employment

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

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Labor & Employment

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

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Labor & Employment

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

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COVID-19, Labor & Employment, Videos

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

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