Welcome to the MoFo ELC Blog

MoFo ELC equips our clients with the most up-to-date and relevant information on employment and labor law issues, covering key judicial, litigation, and legislative developments, their implications for employers, and strategies to ensure compliance and avoid lawsuits. To learn more about our capabilities, please visit the Employment + Labor practice page and read about our Team.

August 22, 2024 - Non-Compete
Good News for Employers: Texas Court Blocks FTC’s Non-Compete Ban
By: Eric Akira Tate, Alexander Okuliar, Lisa M. Phelan, Eric Gebert and Helen He
On August 20, 2024, a judge in the U.S. District Court for the Northern District of Texas granted a nationwide injunction against the Federal Trade Commission’s (“FTC’s”) rule banning non-competes with employees (the “ Rule ”). As we previously reported, the court foreshadowed this
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May 01, 2024 - Non-Compete
Potential Exceptions Under FTC’s Non-Compete Ban
By: Cooper J. Spinelli, Eric Akira Tate, Alexander Okuliar, Lisa M. Phelan, David J. Shaw and Megan E. Gerking
On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including enforceability, legal challenges, policy implications, how it interacts with other laws,
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April 23, 2024 - Announcements, Non-Compete
FTC Issues Final Rule Banning Non-Competes
By: Eric Akira Tate, Andrew R. Turnbull, Cooper J. Spinelli, Alexander Okuliar, Lisa M. Phelan, Megan E. Gerking, Michael Schulman and Melissa M. Harclerode
On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in the context of a sale of business. The Final
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April 11, 2024 - Pay Equity
Maryland Poised to Continue Trend of Jurisdictions Mandating Pay Transparency in Job Postings
By: Andrew R. Turnbull and Keniece Y. Gray
Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings. On March 29, 2024, the Maryland Senate approved House Bill 649, Labor and Employment – Equal Pay for Equal Work – Wage Range Transparency (“HB 649”). If signed by
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March 14, 2024 - Non-Compete, Legislation, PAGA
Non-Compete Q1 2024 Round Up - FTC, California, and New York
By: Eric Akira Tate and Cooper J. Spinelli
While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret them, could be one of the most significant developments in
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February 26, 2024 - Discrimination, Legislation
Supreme Court Reverses Second Circuit in Favor of Whistleblower Plaintiff, Holding That SOX Plaintiffs Need Not Prove Retaliatory Intent
By: Eric Akira Tate and Cooper J. Spinelli
Earlier this month, the Supreme Court unanimously reversed the Second Circuit’s decision in Murray v. UBS and resolved a circuit split in favor of employees, holding that although intent is an element of a Sarbanes-Oxley (“SOX”) whistleblower case, a SOX plaintiff does not have
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January 31, 2024 - Pay Equity, Department of Labor (DOL), OFCCP
Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors
By: Andrew R. Turnbull and Keniece Y. Gray
On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings. If implemented, the requirements will apply broadly to
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January 19, 2024 - PAGA, Legislation
Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds
The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act (PAGA) may be stricken where there is no manageable way
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January 08, 2024 - European Union, Reductions in force (RIFs)
Collective redundancies in Europe
By: Lara M. King, Christin Dunkel, Oliver Spratt and Hanno Timner
One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties, reorganizations, the need for synergy after acquisitions, or any number of
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December 18, 2023 - Legislation
Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, and More
By: Eric Akira Tate and Cooper J. Spinelli
Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from the SEC to the U.S. Supreme Court, courts and regulators
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Welcome to the MoFo ELC Blog

Good News for Employers: Texas Court Blocks FTC’s Non-Compete Ban

By: Eric Akira Tate, Alexander Okuliar, Lisa M. Phelan, Eric Gebert and Helen He

Potential Exceptions Under FTC’s Non-Compete Ban

By: Cooper J. Spinelli, Eric Akira Tate, Alexander Okuliar, Lisa M. Phelan, David J. Shaw and Megan E. Gerking

FTC Issues Final Rule Banning Non-Competes

By: Eric Akira Tate, Andrew R. Turnbull, Cooper J. Spinelli, Alexander Okuliar, Lisa M. Phelan, Megan E. Gerking, Michael Schulman and Melissa M. Harclerode

Maryland Poised to Continue Trend of Jurisdictions Mandating Pay Transparency in Job Postings

By: Andrew R. Turnbull and Keniece Y. Gray

Non-Compete Q1 2024 Round Up - FTC, California, and New York

By: Eric Akira Tate and Cooper J. Spinelli

Supreme Court Reverses Second Circuit in Favor of Whistleblower Plaintiff, Holding That SOX Plaintiffs Need Not Prove Retaliatory Intent

By: Eric Akira Tate and Cooper J. Spinelli

Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors

By: Andrew R. Turnbull and Keniece Y. Gray

Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds

Collective redundancies in Europe

By: Lara M. King, Christin Dunkel, Oliver Spratt and Hanno Timner

Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, and More

By: Eric Akira Tate and Cooper J. Spinelli