Harvey Weinstein Employment Deal Becomes Public Record

THR, Esq. Entertainment & Media Law Blog

Alleged victims of Harvey Weinstein's sexual misconduct convince a judge to let them move forward with a lawsuit that was paused by the bankruptcy of The Weinstein Co. read more. THR, Esq. Business Movies Business THR Online Harvey Weinstein The Weinstein Company

Fox-Netflix Poaching Fight Questions Enforceability of Employment Contracts

THR, Esq. Entertainment & Media Law Blog

Can an employer enforce a contract by any means other than litigation? read more. THR, Esq. Business Business THR Online Netflix

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Netflix Gets Green Light from Appeals Court to Challenge Fox's Employment Contracts

THR, Esq. Entertainment & Media Law Blog

Fox had argued that Netflix's legal claims were based on enforcement of contracts, but in a decision with potentially big ramifications, a California appeals court disagrees. read more. THR, Esq. Business Television Tech Business THR Online

Independent Contractor vs. Employee – misclassification can cost entertainment industry employers dearly.

Gordon P. Firemark

On January 1 of 2012, California’s law changed to create significant penalties for employers who willfully misclassify workers, and fail to withhold taxes, pay into the Worker Compensation system, etc. In applying this analysis, the burden of proof is on the employer.

Wait a Cotton Pickin’ Minute: Free Speech and Employment

The Legal Satyricon

by Jay Marshall Wolman As an employment lawyer who works for a 1st Amendment firm, I try to keep up with developments in both areas. First Amendment employmentSometimes, they overlap, as they did in my Twitter feed recently. Blatant self-promotion, feel free to follow me @wolmanj ). In Trusz v.UBS Realty Investors, LLC, the Connecticut Supreme Court was […].

First Amendment trumps Equal Opportunity Employment

The Legal Satyricon

church and state discrimination employment law First AmendmentToday, the Supreme Court in Hosanna-Tabor Church v. EEOC issued a unanimous ruling on the First Amendment. While this blog regularly celebrates the Freedom of Speech clause, the decision focuses primarily on the Free Exercise Clause and, to a lesser extent, the Establishment Clause. In a nutshell: Church had 2 types of teacher–lay and ministerial. [.].

Fox Strikes Back at Netflix's Attempt to Void Fixed-Term Employment Deals

THR, Esq. Entertainment & Media Law Blog

The content giant demands that a judge halt Netflix's counterclaims. read more. THR, Esq. The Business Movies Television Business THR Online

Questionable Employment Practices in High Tech Industry

JetLawBlog

If a few industry leaders and major employers held to such a policy, it could leave their former employees with almost no options in their career field after leaving a company.

@scleland: How Google Is Anti-employment Anti-property & Pro-regulation — Artist Rights Watch

Music Technology Policy

Google’s unprecedented Obama Administration influence and its self-serving anti-employment, anti-property, and pro-regulatory policy agenda, are on a collision course with the job-creating, pro-property, deregulatory Trump Administration growth agenda. via @scleland: How Google Is Anti-employment Anti-property & Pro-regulation — Artist Rights Watch.

Airbnb vows to be first company to defy Trump and keep employing 'Dreamers' | US news | The Guardian Yeah!

Communications And Entertainment Law Blog

Airbnb vows to be first company to defy Trump and keep employing 'Dreamers' | US news | The Guardian

Gretchen Carlson's Lawyer: Employment Contract Doesn't Protect Roger Ailes, but a Severance Deal Might Have

THR, Esq. Entertainment & Media Law Blog

Carlson's attorneys claim the severance deal she didn't sign sought to prevent her from suing or disparaging Ailes. read more. THR, Esq. Television Television THR Online

Public Employment Free Speech Rights

Media Law Prof Blog

This article examines the foundational cases dealing with public employment free-speech rights Joseph Oluwole has published "On the Road to Garcetti: 'Unpick'ering Pickering and Its Progeny," in volume 36 of the Capital University Law Review (2008). Here is the abstract.

Chong on Asian Pacific American Employment and Color-Blind Casting in the Entertainment Industry

Media Law Prof Blog

Christina Shu Jien Chong, University of San Francisco School of Law, has published Where are the Asians in Hollywood? Can §1981, Title VII, Colorblind Pitches, and Understanding Biases Break the Bamboo Ceiling? at 21 Asian Pacific American Law Journal 29

Government Speech and the Publicly Employed Attorney

Media Law Prof Blog

Margaret Tarkington, Brigham Young University Law School, has published Government Speech and the Publicly Employed Attorney (forthcoming in Brigham Young University Law Review). Here is the abstract. In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the “government speech” doctrine

NLRB Tells Employers Their Employees Have Right To Discuss Working Conditions Via Social Media

Media Law Prof Blog

Steven Greenhouse of the New York TImes reports on employer attempts to discourage negative online employee comments about working conditions and employer policies and the National Labor Relations Board's response. Mr. Greenhouse notes that the NLRB has judged many such

Board 43

The ECPA and Employer Monitoring of Employees

Media Law Prof Blog

Ariana R. Levinson, University of Louisville School of Law, has published Toward a Cohesive Interpretation of the Electronic Communications Privacy Act for the Electronic Monitoring of Employees. Here is the abstract. Professor Levinson proposes a cohesive interpretation of the Electronic

Bill Block Fires Back After Suit By Former Employer QED Holdings

THR, Esq. Entertainment & Media Law Blog

Block’s attorney Marty Singer says QED''s problems came about after Russian backers ran out of money in the wake of a FBI investigation. QED’s attorney calls that claim absurd and untrue. read more. Movies THR Online THR, Esq

Soap Opera Actress Sues Over Not Being Considered for Re-Employment

THR, Esq. Entertainment & Media Law Blog

Victoria Rowell says she went to "Herculean efforts" to reprise her role as Drucilla on "The Young and the Restless," including communicating with Leslie Moonves and Michael Lynton. read more. THR Online THR, Esq. Television Business

Two New Blogs Track Labor and Employment Law

Media Law

Two major law firms launched blogs this week devoted to tracking developments in labor and employment law. Borden , the blog is devoted to providing analysis, resources and commentary regarding current and emerging issues in labor and employment law. The second new blog, LE Blog , comes from the labor and employment department of the law firm Greenberg Traurig. From McKenna Long & Aldridge comes Labor Relations Today. Led by MLA partners Richard B. Hankins and Seth H.

State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute along the Way

New Media and Technology Law

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party. Online Content CDA Section 230 employer-employee negligent supervision

State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute along the Way

New Media and Technology Law

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party. Online Content CDA Section 230 employer-employee negligent supervision

State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute along the Way

New Media and Technology Law

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party. Online Content CDA Section 230 employer-employee negligent supervision

Employers, Labor Activities, and the First Amendment

Media Law Prof Blog

Harry G. Hutchison, George Mason University School of Law, has published "Liberty, Liberalism and Neutrality: Labor Preemption and First Amendment Values," at 39 Seton Hall Law Review 781 (2009). Here is the abstract. In Chamber of Commerce et al v

Ex-'American Idol' staffers find employment conditions a little pitchy

THR, Esq. Entertainment & Media Law Blog

It's almost the same lawsuit filed against ABC, Fox, CBS and a some production entities in 2005 alleging unlawful employment practices on shows like "The Bachelor," "Trading Spouces" and "Are You Hot?" By Matthew Belloni.

California General Assembly and Senate Considering Prohibiting Employers From Requesting Passwords To Social Media Sites

Media Law Prof Blog

The California Legislature is moving ahead on bills that would prohibit employers from demanding employee passwords to social media sites. The text for California Assembly Bill, A.B. 1844, is available here. The text for California Senate Bill 1349 is available

Ninth Circuit Panel Says Employee Violation of Employer Computer Use Policy Can Support CFAA Criminal Charge

New Media and Technology Law

Court of Appeals for the Ninth Circuit has ruled that an employee’s violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act. The case involved access to an employer’s computer network for the purpose of copying the employer’s proprietary information for the benefit of a competing enterprise. A panel of the U.S.

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and Unauthorized Access to Employer Databases

New Media and Technology Law

July 5, 2016) (“ Nosal II ”), the defendant Nosal was charged under the criminal provisions of the CFAA with intent to defraud his former employer and aid his competing venture by obtaining access to his former employer’s network via a current employee’s login credentials. Unauthorized Access: A former employee, whose access has been revoked, and who uses a current employee’s login credentials to gain network access to his former company’s network, violates the CFAA.

The Comparative Law of Ownership of Works Created In Employment Relationships

Media Law Prof Blog

Jose Roberto Herrera Diaz has published Ownership of Copyright in Works Created in Employment Relationships: Comparative Study of the Laws of Colombia, Germany and the United States of America at Revista la Propiedad Inmaterial (no. 14) 91 (2010). Here is

Using Twitter, Facebook or MySpace at Your Station? DWT Seminar to Provide Employer's Guide to Legal Issues of the Social Media

Broadcast Law Blog

These are the same questions being asked by employers in other industries, and Davis Wright Tremaine is conducting two free on-line seminars on December 9 and December 15 to answer these questions. Employer liabilities : What new types of legal risks are created by employees using social media? How can employers protect themselves? Expectations of privacy : Do employers who blog or use social media in the workplace still enjoy a right to privacy?

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense

New Media and Technology Law

The Ninth Circuit, sitting en banc , has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy. The ruling reinstates a split in the circuit courts on the question of when an employee’s access to an employer’s proprietary documents can trigger a cause of action under the CFAA.

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense

New Media and Technology Law

The Ninth Circuit, sitting en banc , has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy. The ruling reinstates a split in the circuit courts on the question of when an employee’s access to an employer’s proprietary documents can trigger a cause of action under the CFAA.

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense

New Media and Technology Law

The Ninth Circuit, sitting en banc , has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy. The ruling reinstates a split in the circuit courts on the question of when an employee’s access to an employer’s proprietary documents can trigger a cause of action under the CFAA.

NPR Terminates Juan Williams' Employement After His Remarks On Bill O'Reilly's Show

Media Law Prof Blog

National Public Radio has fired commentator and writer Juan Williams, presumably for remarks he made on Fox host Bill O'Reilly's show concerning his (Mr. Williams') nervousness when he sees persons in Muslim dress on an airplane. Said Mr. Williams, "I

Fox 40

Supreme Court Ruling Lets Employers View Worker Text Messages With Reason - PCWorld

Communications And Entertainment Law Blog

Supreme Court Ruling Lets Employers View Worker Text Messages With Reason - PCWorld The U.S. Supreme Court today ruled that employers have the right to search through text messages, including personal ones, sent by workers if they have reason to believe that workplace rules are being violated.

Supreme Court Ruling Lets Employers View Worker Text Messages With Reason - PCWorld

Communications And Entertainment Law Blog

Supreme Court Ruling Lets Employers View Worker Text Messages With Reason - PCWorld The U.S. Supreme Court today ruled that employers have the right to search through text messages, including personal ones, sent by workers if they have reason to believe that workplace rules are being violated.

Citing Plain Language of the Computer Fraud and Abuse Act, Ninth Circuit Rules Employee's Disloyal Act Does Not Terminate Authorization to Access Employer's Computer

New Media and Technology Law

In the last several years, a split has developed in the federal courts on the question of whether an employee's access to an employer's computer, even if it was ?authorized? in the ordinary course of business, ceases to be authorized if the purpose if the access is to further an act that is disloyal to the employer. Often, what is at stake in such cases is the employer's ability to maintain an action in federal court. It is the employer?s

Why Are You Giving Fired Employees 21 Days to Consider Severance?

The Legal Satyricon

by Jay Marshall Wolman Plenty of employers let go of an employee and give them some prefabricated separation/severance agreement, hoping to pay the now disgruntled former employee to go gentle into that goodnight. employment law misc adea owbpa severanceThey go online and download a model or ask their payroll company or just use what they used last time, without considering […].

Almost 80 Radio Stations Hit With New FCC EEO Audit Letter

Broadcast Law Blog

As employment information for all stations within a named station’s “employment unit” must be provided in response to the audit, the reach of this notice goes beyond the 80 stations named in the audit notices. If any station in your cluster is on the list, all stations in that “ station employment unit ” (a group of commonly owned stations serving the same area with at least one common employee) must respond.

District Court Judge Allows Interior Designer's Right of Publicity Twitter/Facebook Lawsuit Against Former Employer To Go Forward

Media Law Prof Blog

A U.S. federal district court is allowing part of a plaintiff's case based on the Illinois Right of Publicity Act to go forward and the Lanham Act, based on her allegations that the defendants used her name and image in

Pirate Appreticeships

The Legal Satyricon

employment law misc leap day pirates of penzance statistics wage gapby Jay Marshall Wolman How quaint the ways of Paradox! At common sense she gaily mocks! Though counting in the usual way, Years twenty-one I’ve been alive. Yet, reckoning by my natal day, Yet, reckoning by my natal day, I am a little boy of five! The Pirates of Penzance, “When You had Left Our […].