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.

January 23, 2023 - Pay Equity
New Guidance on California's Pay Transparency Law
By: Andrew R. Turnbull and Sadé V. Tidwell
With California’s new pay transparency and pay reporting obligations under S.B. 1162 now in effect, employers are seeking answers on various open questions for complying with the new law. As we previously reported, S.B. 1162 requires employers with 15 or more employees to include
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December 07, 2022 - Non-Compete
Delaware Court Refuses to Enforce or Blue Pencil Sale of Business Non-compete
By: Eric Akira Tate, Andrew R. Turnbull and Cooper J. Spinelli
20 second read: While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the business being sold, it may refuse to enforce
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November 15, 2022 - Department of Labor (DOL)
Department of Labor (“DOL”) Extends Comment Period Deadline for Proposed New Independent Contactor Test
By: Michael Schulman and Andrenna Hidalgo Berggren
Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards Act (“FLSA”), and thus not subject to minimum wage
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October 06, 2022 - European Union, Legislation
New Requirements for Employment Agreements in Europe
By: Hanno Timner, Christin Dunkel, Oliver Spratt and Lara M. King
Following the enactment of the Directive on Transparent and Predictable Working Conditions (the “ Directive ”), EU Member States have had to implement into their national laws additional information obligations on employers. The deadline for the transposition of the Directive into national law was
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October 03, 2022 - Pay Equity, Legislation
California Adds to the Trend of States Requiring Greater Pay Transparency
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. Starting in 2023, S.B. 1162 adds several
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September 16, 2022 - OFCCP
OFCCP Extends Deadline to Object to FOIA Request for EEO-1 Reports
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 15, 2022, OFCCP announced that it is extending the September 19, 2022 deadline for contractors to object to Type 2 EEO-1 Reports in response to the Freedom of Information Act (FOIA) request by the Center for Investigative Reporting (CIR). OFCCP extended the
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August 30, 2022 - PAGA
Intervention and Arbitration
By: James R. Sigel and Adam L. Sorensen
The Ninth Circuit Court rejects the attempt of an employee to intervene in another employee’s suit under California’s Labor Code Private Attorneys General Act (PAGA). Background: Carolyn Callahan sued her employer, Brookdale Senior Living Communities, under California’s Labor Code Private Attorneys General Act (PAGA). PAGA allows
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August 26, 2022 - OFCCP
OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis
By: Andrew R. Turnbull
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors,
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August 15, 2022 - Wage and Hour, PAGA
California Supreme Court Poised to Address the Issue of PAGA Standing Post-Viking River
By: Tritia M. Murata and Lauren Renee Leibovitch
As we previously reported , the United States Supreme Court in Viking River Cruises, Inc. v. Moriana , (2022) 142 S. Ct. 1906, delivered a victory for California employers. The high court held that employers can compel arbitration of a plaintiff’s individual claim under the
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August 10, 2022 - Department of Labor (DOL)
DOJ and FTC Enter Separate MOUs with the NLRB to Collaborate on Worker Protections and Competition in U.S. Labor Markets
By: Andrew R. Turnbull, Megan E. Gerking and Rob Manoso
In the latest employment-related collaborations under President Biden, the U.S. Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) both recently announced new partnerships with the National Labor Relations Board (“NLRB”), with the aim of coordinating their policy and enforcement initiatives to
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