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Three Key Employment Law Considerations for Film Studios and Production Companies Posted on: September 27, 2022 In: Labor & Employment
Employment law compliance continues to be an active risk mitigation area for film production companies and producers on film projects. This post covers three important considerations to help limit exposure before the cameras start rolling.
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Tags:
entertainment industry, independent contractors, payroll, discrimination, human resources, employment law, california
Pennsylvania Federal Court Dismisses Religious Discrimination Class Action Challenge to Healthcare Employer’s Mandatory COVID-19 Vaccine, Testing Requirements Posted on: September 22, 2022 In: Labor & Employment
On August 26, 2022, a putative class action brought on behalf of over 100 employees of a healthcare clinic, challenging the clinic’s policy requiring that its employees either receive COVID-19 vaccines or be tested twice weekly for the virus, was dismissed by the U.S. District Court for the Middle District of Pennsylvania. The court rejected the claim that the employer’s COVID-19 vaccination and testing requirements constituted religious discrimination.
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Tags:
pennsylvania, covid-19, discrimination, class action, vaccinations
Wire Transfer Fraud – Can Funds Be Recovered? Posted on: September 20, 2022 In: Data Privacy & Cybersecurity
Businesses are constantly targeted by criminals attempting to gain access to information that will allow them to fraudulently divert wire transfers. This fraud often occurs after the criminal has compromised the email account of someone in the company who can approve such transfers, taking over communications with customers and vendors. This exploit has become a multibillion-dollar criminal business model. But can those funds be recovered? And how can you protect yourself from such attacks?
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Tags:
fraud, wire transfers, fbi, fincen, financial fraud kill chain
California Set to Expand Employee Access to Salary Information Through Amendment to Pay Data Reporting Law Posted on: September 19, 2022 In: Labor & Employment
On August 30, 2022, the California legislature sent Senate Bill 1162 (SB 1162) to the desk of Governor Gavin Newsom. If signed into law, SB 1162 will impose two general obligations upon California employers: (1) to include a job position’s pay scale or salary range in any corresponding job posting or advertisement, and (2) to publish annual pay data reports.
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Tags:
california, wage and hour, payroll, human resources, employment law
California Employers: Four Things to Consider When Providing an Employee with an Arbitration Agreement for Review and Signature Posted on: September 13, 2022 In: Labor & Employment
Despite a California employer having an arbitration agreement that satisfies all the requisite factors set forth by the state’s Supreme Court in Armendariz v. Foundation Health Psychcare Services, Inc., often times an employee will attempt to challenge the method in which the arbitration agreement was presented to them in order to invalidate the agreement and ensure the case remains in court. Here are some tips for California employers to consider when presenting an employee with an arbitration agreement.
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Tags:
california, arbitration, employment agreements, employment law, human resources
Fifty Years of Progress: The Legal History of Title IX Posted on: September 09, 2022 In: Sports Law
This year, we celebrate 50 years of Title IX, the landmark legislation implemented to outlaw discrimination on the basis of sex in federally funded educational settings. Over the course of a half-century, Title IX has been monumental in creating access and opportunities for women and members of the LGBTQ community in education and sports and establishing a means of legal accountability. While the road to equality has not been perfect, nor is it complete, Title IX has made major contributions to many lives.
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Tags:
title ix, civil rights, women's rights, student-athletes, discrimination, lgbtq
Four Tips for Accommodating Mental Health Diagnoses in the Workplace Posted on: September 08, 2022 In: Labor & Employment
Mental health has traditionally been stigmatized more than physical ailments or disabilities. However, in large part due to the COVID-19 pandemic, the stigma surrounding mental health is lessening and discussions around mental health in the workplace have become more commonplace. As such, employers are seeing an increase in mental health diagnosis disclosures and accommodation requests. Here, we share four tips for employers to keep in mind when an employee discloses a mental health diagnosis.
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Tags:
mental health, ada, disability, reasonable accommodation, human resources
Five Tips for Using Independent Contractors in California Posted on: September 07, 2022 In: Labor & Employment
In Dynamex Operations v. Superior Court of Los Angeles, the California Supreme Court adopted the ABC Test for determining whether certain workers should be classified as independent contractors. It's an employee-friendly test that presumes a worker is an “employee” by shifting the burden of proof onto the employer. While it does pose a bigger hurdle for companies that want to use independent contractors, it is not insurmountable. Here are some key tips for using correctly classified independent contractors.
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Tags:
california, independent contractors, abc test, employment law, human resources
The “September 6th Rule”: OFAC Consolidates Seven-Year Patchwork of Laws, Reissues Cyber-Related Sanctions Regulations Posted on: September 07, 2022 In: Data Privacy & Cybersecurity
On September 6, 2022, without notice or opportunity for public comment, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published a Rule – which took immediate effect – consolidating a seven-year patchwork of “Cyber-Related Sanctions Regulations.” The Rule did not revise any laws; it merely restated the U.S. government’s opposition to the provision of material support for malicious cyber-enabled activity originating outside the United States.
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Tags:
treasury department, ofac, regulations, sanctions, cybersecurity
Major League Baseball Players Association Makes Demand for Recognition on Behalf of Minor League Players to Major League Baseball Posted on: September 06, 2022 In: Sports Law
After rejecting overtures to expand their membership to include minor league players for years, the Major League Baseball Players Association has announced that it has secured the support of more than 50% of potentially eligible minor league players in an effort to help them become the newest members of the association. In less than two weeks, the MLBPA has secured the support of a majority of minor league players who have executed union authorization cards.
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Tags:
mlb, mlbpa, union, minor league, nlrb, labor law
Have a Seat: California Court of Appeal Provides Guidance on Requirement That Employer’s “Provide” Suitable Seating in the Workplace Posted on: September 01, 2022 In: Labor & Employment
On July 19, 2022, the California Court of Appeal issued a published opinion holding there was a triable issue as to whether the employer “provided” suitable seating to its customer service employee at the front of the store by placing seats at workstations in another area and not advising her of the availability of the seating, thereby overturning a lower court’s summary judgment for the employer.
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Tags:
california, employment law, suitable seating, paga, human resources
Should NFTs Be Considered a Security? Posted on: August 31, 2022 In: Intellectual Property & Technology
If you had asked the author of this post 10 years ago whether he would believe that people would pay thousands upon thousands of dollars for what is essentially a PDF, he would have said you were speaking utter nonsense. However, here we stand, in an era where you cannot go a day without hearing about the latest NFT (non-fungible token) project or the next surefire “To The Moon” cryptocurrency. And, as is tradition, the more notoriety something gets, the more scrutiny it comes under.
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Tags:
nft, blockchain, digital assets, howey test, securities, sec

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