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.
This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). JOHNSON V. WINCO FOODS The Court holds that job applicants to supermarket …›
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___ (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to arbitration. …›
With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased business demand for talent, and compliance with the growing patchwork of pay equity and transparency laws. Numerous states and localities …›
Continuing the ongoing trend of states placing restrictions on employee non-competes, on May 10, 2022, the Colorado General Assembly passed a bill amending C.R.S. § 8-2-113 (the “Amendment”) and adding significant limitations on employee non-compete agreements. Most notably, the Amendment seeks to: …›
Tritia Murata and Eric Akira Tate have been named to Law360's 2022 Editorial Advisory Board. These boards provide feedback on Law360's coverage and expert insight on how best to shape future coverage. Tritia Murata was named to Law360’s 2022 Employment Authority Wage & Hour Editorial …›
In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be the next phase of cryptocurrency’s melding into the mundane, when …›
In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the Trump Administration. These developments include: …›
On Thursday, February 10, 2022, the United States Senate passed H.R. 4445, which will amend the Federal Arbitration Act (FAA) to ban all pre-dispute arbitration agreements and class and collective action waivers covering sexual harassment and sexual assault claims. President Biden has already announced …›
California Supreme Court Clarifies Standards for Whistleblower Claims Under California Labor Code Section 1102.5 What Happened? Before last week, some courts had applied the standard in California Labor Code section 1102.6 to resolve whistleblower claims under California Labor Code section 1102.5, while other courts had …›
On Friday afternoon, the U.S. District Court for the Southern District of Georgia, which had earlier issued a nationwide preliminary injunction of Executive Order 14042, against Executive Order 14042’s vaccine mandate, made clear that the injunction applies only to the vaccine mandate and not …›