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ANNOUNCING THE BLACK SWAN AWARD FOR INNOVATION IN

THE STUDY, TEACHING= , OR PRACTICE OF ENTERTAINMENT/MEDIA LAW

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As part of the 20th Annive= rsary Celebration, AMEC will introduce a new category for the Counsel of th= e Year Awards: The Black&= nbsp;Swan Award for = Innovation in the Study, Teaching, or Practice of Law. This award celebrate= s groundbreaking advancements that defy conventional expectations and signi= ficantly impact the legal field. It recognizes rare and transformative inno= vations that disrupt traditional paradigms, highlighting individuals, teams= , or organizations pushing the boundaries of legal scholarship, pedagogy, o= r practice.

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Nominees for the Black Swan Award demonstrate exceptional cr= eativity, vision, and ingenuity in their approach to legal research, educat= ion, or advocacy. Whether through pioneering technological solutions, novel= teaching methodologies, or visionary legal strategies, recipients of this = prestigious honor make remarkable contributions to the evolution and improv= ement of the legal profession.

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Judged on the basis of ori= ginality, impact, and sustainability, the Black Swan Award acknowledges those who challenge the status quo and= inspire others to rethink existing norms and conventions. By honoring inno= vation in the study, teaching, or practice of law, this award encourages co= ntinued experimentation and exploration, fostering a culture of forward-thi= nking excellence within the legal community.

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Please submit your nominat= ion to: mhappy@theamec.org.

20th Anniversary Ce= lebration Of The Counsel of the Year Awards

CALL FOR NOMINATION= S

CELEBRATING LEGAL E= XCELLENCE

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Step into the realm of gre= atness as the Association of Media and Entertainment Counsel (AMEC), an ill= ustrious organization with an esteemed 20-year legacy, beckons forth the cr= =C3=A8me de la cr=C3=A8me of legal minds. With over 14,000 distinguished in= -house counsel and business luminaries hailing from renowned studios, netwo= rks, Guilds, talent agencies, and leading entertainment and media conglomer= ates, AMEC proudly presents its most momentous occasion yet - the Annual Co= unsel of the Year Awards.

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Mark your calendars and pr= epare for an unforgettable evening on January 16, 2025, as we honor the par= agons of legal prowess across a spectrum of categories:

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Black Swan Award

PwC Daniel Brandhorst Dealmaker of the Year (Ta= lented Dealmaker)

Rising Star (Shining Bright with less than 10 y= ears of law practice)

Music Counsel

Sports Counsel

Labor and Employment Counsel

Technology and New Media Counsel

Public Counsel (Governmental Agency/Non-Profit)=

Live, Hospitality, & Location-Based Enterta= inment Counsel

Excellence in Alternative Dispute Resolution (E= xpert Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator)

Excellence In Legal Education

Law Firm of the Year

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In a special commemoration= of our 20th anniversary, each honoree will receive an exclusive 20th-anniv= ersary commemorative award, crafted to mark this historic milestone. These = commemorative awards will be retired after the ceremony, making them a cher= ished symbol of distinction for years to come.

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To nominate an outstanding candidate, kindly pr= ovide the following details:

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Name

Title

Organization

Contact Details

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Should you prefer to keep your nomination anony= mous, please let us know.

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Seize this momentous oppor= tunity and submit your nominations now to AMEC Executive Director Monique H= appy at mhappy@theamec.org. Prepare to bear witness to the ascent of legal = legends as they are rightfully acknowledged at the 2025 Counsel of the Year= Awards.

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For a glimpse into our esteemed past honorees,&= nbsp;click here.

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PLEASE NOTE: Except for th= e Law Firm of the Year category, nominations and honorees are limited to in= -house counsel only.

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We are getting an early st= art on the nomination process so you don't miss your chance to be a part of= this historic celebration of legal excellence!

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Memorable Moments: = Relive The Excitement Of

The 2024 Counsel Of= The Year Awards In The Highlights Video

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We are thrilled to highlig= ht the exceptional work of the media and entertainment legal community at t= he 2024 Counsel of the Year Awards. As the only organization of its kind, A= MEC plays a pivotal role in our industry, providing cutting-edge legal semi= nars, invaluable networking opportunities, and, perhaps most importantly, r= ecognizing the outstanding but often overlooked achievements of in-house co= unsel across studios, networks, guilds, talent and management agencies, and= all the major entertainment and media companies.

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From navigating complex co= ntracts to safeguarding creative rights, this year=E2=80=99s honorees are t= he unsung heroes behind the scenes, ensuring that the magic of storytelling= thrives while upholding the highest standards of integrity and legality. T= heir inspiring acceptance speeches, filled with passion and gratitude, serv= e as a testament to their dedication and vision.

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The atmosphere at the even= t was nothing short of electrifying, with industry leaders, influencers, an= d rising stars coming together to celebrate our collective achievements. It= was a night filled with inspiration and camaraderie, reminding us all of t= he incredible impact we can make when we collaborate and support one anothe= r.

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As we reflect on this unfo= rgettable evening, we eagerly anticipate the milestone 20th Anniversary Cou= nsel of the Year Awards ceremony on January 16th, 2025! (Click here for the 2024 Counsel of the Year Awards Recap Video)

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Save the date, as we conti= nue to honor and elevate the brightest lights in our industry!

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#CounselOfTheYear #MediaExcel= lence #EntertainmentIndustry #Inspiration #20thAnniversaryCelebration #2025= COTYA

Captain Ric Arthur being in= terviewed by K= irsten Spruch

Captain Arthur received the=

2024 Excellence in Creative= Innovation for National Security Award

Video 2 of 2

AMEC'S SPECIAL EMPL= OYMENT LAW ISSUE

Freeing the Well-Being: Mental Health= Accommodations in the Workplace

Bradley Arant Boult Cummings LLP<= /span>

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Does it seem like you are = dealing with more mental health issues in your workforce? If so, you are no= t alone. Recent mental health claim statistics show an alarming increase in= chronic illnesses since the pandemic. For adults between the ages of 35 an= d 44, mental illness diagnoses have increased from 48% in 2019 to 58% in 20= 23, according to the American Psychological Association. In its most recent= Strategic Enforcement Plan, the EEOC listed =E2=80=9Cworkers with mental h= ealth related disabilities=E2=80=9D as one of the categories of vulnerable = workers on which they will focus their efforts to prevent harassment, retal= iation and discrimination. With these types of issues on a dramatic rise, i= t is worth a reminder about an employer=E2=80=99s obligations under the ADA= for mental health issues.

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What Does the ADA Require?=

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As we know, the ADA requir= es employers to provide =E2=80=9Creasonable accommodations=E2=80=9D to a qu= alified employee with a disability. For a condition to meet the definition = of a disability under the statute, it must be a mental impairment that subs= tantially affects one or more major life activities. The EEOC has specifica= lly held that conditions such as major depressive disorder, bipolar disorde= r and schizophrenia meet that definition. However, other problems such as P= TSD, anxiety, and depression may also fit into that category.

= ;

If an employee comes to HR= with a mental health issue and requests a disability, that triggers the in= teractive process. The ADA requires the employer to provide reasonable acco= mmodation that would allow an employee with a disability to perform the ess= ential functions of a job, and employers and employees must discuss options= that could fit the bill. Common accommodations to address mental health is= sues are extended leave, scheduling changes, and additional breaks. You nee= d to listen to the employee and the employee=E2=80=99s healthcare provider.= Always remember that this is an interactive process, so it may take severa= l steps. Be patient and creative.

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Click here to read the entire article

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[Republished with permissi= on. The article, =E2= =80=9CFreeing the Well-Being: Ment= al Health Accommodations in the Workplace,=E2=80=9D was originally published on <= em>Labor & Employment Insights by Bradley Arant Boult Cummings LLP= . Copyright 2024]

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EE= OC=E2=80=99s Pregnant Workers Fairness Act Regulations Set

to Take Effect June 18, 2024, Providi= ng Clarity and Controversy

=

Lewis Rice=

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In June 2023, the Pregnant= Workers Fairness Act (the =E2=80=9CPWFA=E2=80=9D) took effect. This federa= l law requires covered employers to provide a reasonable accommodation to t= he =E2=80=9Cknown limitations=E2=80=9D of qualified employees or applicants= =E2=80=9Crelated to, affected by, or arising out of pregnancy, childbirth,= or related medical conditions,=E2=80=9D unless doing so would impose an un= due hardship.

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Now, one year later, the E= qual Employment Opportunity Commission (=E2=80=9CEEOC=E2=80=9D)=E2=80=99s f= inal rule (the =E2=80=9CRule=E2=80=9D) implementing the PWFA is set to take= effect on June 18, 2024. The Rule is intended to clarify what is actually = required of covered employers under the PWFA. This Alert explains several o= f the key terms employers will need to understand when applying the PWFA.

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=E2=80=9CKnown Limitations= =E2=80=9D

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The PWFA looks in large pa= rt to the Americans with Disabilities Act of 1991 (=E2=80=9CADA=E2=80=9D) f= or its structure and approach. As consequential as the ADA=E2=80=99s reason= able accommodations requirements have been for the American workplace, the = ADA only requires employers to accommodate impairments that substantially l= imit one or more major life activity. Consequently, pregnancy itself is not= a condition that employers are typically required to accommodate under the= ADA, nor are a number of pregnancy-related conditions, such as non-severe = morning sickness or fatigue. Under the Rule, however, a =E2=80=9Climitation= =E2=80=9D is defined as any physical or mental condition related to, affect= ed by, or arising out of pregnancy, childbirth, or related medical conditio= ns. In this way, the PWFA appears broader than the ADA.

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The Rule further clarifies= that the terms =E2=80=9Cpregnancy=E2=80=9D and =E2=80=9Cchildbirth=E2=80= =9D are intended to encompass not only a current or recent pregnancy or chi= ldbirth, but also a past pregnancy, potential or intended pregnancy (thereb= y potentially bringing fertility treatments and the use of contraception un= der the umbrella of the PWFA), and labor. The Rule provides a non-exhaustiv= e list of conditions that may be =E2=80=9Crelated to=E2=80=9D pregnancy or = childbirth such that they would be a =E2=80=9Climitation=E2=80=9D covered b= y the Rule, including the termination of pregnancy (whether through miscarr= iage or abortion), lactation and related conditions, menstruation, antenata= l or postpartum depression, anxiety, or psychosis, gestational diabetes, pr= eeclampsia, and nausea or vomiting.

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The inclusion of abortion = as a condition covered by the PWFA has been challenged in United States Dis= trict Court for the Eastern District of Arkansas by a group of 17 states. O= n June 3, 2024, the court heard argument on the states=E2=80=99 motion to p= reliminarily enjoin the Rule=E2=80=99s impending effective date. The court = did not specify the date by which it would rule. A separate lawsuit has hal= ted enforcement against public employers within the state of Texas and is c= urrently on appeal.

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A limitation is =E2=80=9Ck= nown=E2=80=9D if the individual (or a representative of the individual, suc= h as the employee=E2=80=99s family member, friend, or healthcare provider) = has communicated the limitation to the employer. Like a request for accommo= dation under the ADA, there are no =E2=80=9Cmagic words=E2=80=9D that must = be used before an employer=E2=80=99s duties under the PWFA are triggered, n= or does a particular form need to be used. The Rule also provides that an e= mployer may request documentation of the individual=E2=80=99s limitation on= ly when it is =E2=80=9Creasonable under the circumstances.=E2=80=9D<= /p>
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=E2=80=9CCovered Employers= =E2=80=9D

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Like the ADA, an employer = is subject to the requirements of the PWFA if it has 15 or more employees. = Perhaps most notably, this means that employers with between 15 and 49 empl= oyees who are, therefore, not subject to the Family and Medical Leave Act (= =E2=80=9CFMLA=E2=80=9D), may now, for the first time, be required to provid= e a period of unpaid leave to an employee who is recovering from childbirth= .

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Cl= ick here to read the entire article

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Ripples in the OT Waters: Considering the Downstream Effects =

of Reclassifying Exempt Employees

=

Seyfarth Shaw LLP

Seyfarth Synopsis: With th= e DOL=E2=80=99s new overtime exemption rule weeks from taking effect, emplo= yers must consider the impacts of reclassifying exempt employees. Some pote= ntial impacts are obvious, others not so much. Proactive, thoughtful planni= ng is key for employers to navigate these waters for their business and imp= acted employees alike.

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With the U.S. DOL=E2=80=99= s final overtime exemption rule taking effect in a few weeks, many employer= s are deciding whether to reclassify certain salaried exempt employees. Bec= ause the DOL=E2=80=99s primary change=E2=80=94a moderate increase to the sa= lary threshold for exempt executive, administrative, and professional emplo= yees on July 1, followed by a substantial increase on January 1=E2=80=94see= ms simple on its face, an employer=E2=80=99s decision-points may seem simpl= e, too. But like most things relating to employee classification and pay, r= eclassifying an exempt employee presents rippling impacts that must be acco= unted for=E2=80=94some obvious, others less so. We explore five potential i= mpacts below.

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1. Reclassification + Budg= et Impacts

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Employers who reclassify e= xempt employees to nonexempt status will need to decide how, and how much, = to pay the impacted employees.

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There are plenty of option= s available to employers for paying non-exempt employees, from a traditiona= l hourly rate, to a weekly salary, to day or piece rates=E2=80=94and variou= s other options (or combinations of options) in between. Whatever the metho= d, however, as a general matter the employee must accurately record their h= ours worked, and the employer must pay at least minimum wage plus a statuto= ry premium for any overtime hours worked.

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With the flexibility avail= able to them, employers can craft a compensation plan aimed at maintaining = cost neutrality after reclassification. But an employer=E2=80=99s ability t= o realize that goal depends on their ability to accurately forecast impacte= d employees=E2=80=99 overtime work. If the employees work more overtime tha= n expected=E2=80=94whether on a weekly basis, or on a daily basis in states= with daily overtime requirements=E2=80=94labor costs will grow. If they wo= rk less than expected, the employer will fall short in its effort to ensure= a cost neutral impact for the employee.

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In short, employers reclas= sifying employees to nonexempt status have decisions to make with respect t= o how and how much they will pay impacted employees. Their ability to accur= ately budget for overtime costs depends not only on the method and rate of = pay they choose, but also on their ability to accurately forecast their emp= loyees=E2=80=99 workloads going forward.

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2. Reclassification + Work= Habits

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Many exempt employees enjo= y freedom to manage their schedule as they deem fit, as long as they get th= e job done. And especially post-pandemic, many also are entrusted to work r= emotely. This flexibility aligns not only with the discretion that defines = many exempt roles, but also with the notion that an exempt employee=E2=80= =99s salary is intended to cover all of their time worked each week, whethe= r it=E2=80=99s a light week or a heavy one.

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That flexibility is not co= nsistent, however, with the traditional image of a nonexempt worker. Allowi= ng an overtime-eligible employee to make their own schedule on the fly each= day, working whenever and wherever they please, can be a recipe for an =E2= =80=9Coff the clock=E2=80=9D claim.

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Consequently, employers ar= e more likely to control when and where a nonexempt employee is allowed to = work, for example by establishing a work schedule for the employee, careful= ly managing deviations from the schedule, and, of course, requiring the emp= loyee to accurately record and submit their working time each day. Most als= o establish guardrails regarding who may work remotely (and under what circ= umstances) and when meal/rest breaks are to be taken.

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Telling a reclassified emp= loyee that they are now nonexempt and must accurately record their time is = a good start. But if they carry with them the habits from their salaried-ex= empt days=E2=80=94e.g., the mindset that they can work where and when they = want, with the only concern being to get the job done=E2=80=94they risk run= ning up large overtime costs (or a thorny =E2=80=9Coff the clock=E2=80=9D c= laim).

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New habits aren=E2=80=99t = just important for impacted employees. If a reclassified employee=E2=80=99s= manager will be managing nonexempt labor for the first time, they will lik= ely need education on the policies they are expected to enforce with respec= t to their subordinates, such as policies concerning timekeeping, overtime,= and meal/rest breaks.

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These impacts are manageab= le, but they require careful planning and comprehensive strategies that go = beyond deciding who will be reclassified and messaging that decision to imp= acted employees. A well-rounded strategy must also account for the communic= ations, trainings, and other change management efforts necessary to ensure = that the impacted employees=E2=80=99 habits evolve appropriately with their= new classification.

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3. Reclassification + Mora= le

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The shift from exempt to n= onexempt status can impact employee morale and retention. Many salaried-exe= mpt employees are prone to viewing their classification as a proxy for pres= tige. Having that classification taken away, particularly if coupled with a= relative restriction on their autonomy and flexibility (as discussed above= ), may cause them to feel like they have been demoted=E2=80=94even if their= target total compensation remains the same.

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Employers should aim to ac= count for these concerns by establishing a thoughtful communication plan an= d inviting dialogue=E2=80=94and the engagement that dialogue cultivates=E2= =80=94with impacted employees. Also, in addition to accounting for employee= morale, a well-thought communication plan must account for requirements in= some states regarding how, and how far in advance, an employee must be mad= e aware of a change to their rate or method of pay.

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Click here to read the entire article

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