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.

February 28, 2023 - NLRB, Announcements
NLRB Limits Use of Non-Disparagement and Confidentiality Provisions
By: Andrew R. Turnbull and Kwan Park
In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the National Labor Relations Act (“NLRA”) if those provisions have “a reasonable tendency” to
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February 16, 2023 - Legislation
Ninth Circuit Reverses Itself and Strikes Down California Law Targeting Mandatory Employment Arbitration Agreements
By: David P. Zins and Allyson D. Bach
In a reversal of its prior ruling, the Ninth Circuit recently held that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), a 2019 measure that aimed to bar employers from entering into new agreements—or extending previous ones—requiring job applicants or
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February 13, 2023 - Reductions in force (RIFs)
Key Considerations for Navigating Workforce Reductions During Uncertain Economic Times
By: Andrew R. Turnbull, Oliver Spratt and David F. Papas
With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the markets. Although RIFs can be a necessary measure to preserve financial resources and
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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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January 23, 2023 - OFCCP, Announcements
OFCCP Releases New Audit List for 2023
By: Andrew R. Turnbull and Sadé V. Tidwell
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters that OFCCP sends to federal contractors and subcontractors
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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
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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