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 28, 2023 - OFCCP
OFCCP’s New Burdensome Audit Scheduling Letter Approved
By: Andrew R. Turnbull and Sadé V. Tidwell
On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal contractors must submit to OFCCP at the outset of audits. These
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August 28, 2023 - Department of Labor (DOL)
Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment
By: Nicole E. Giles and Andrew R. Turnbull
In Innovative Technologies, Inc. , ASBCA No. 6186, 62185 , the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara Service Contract Act (“SCA”) FAR Clause 52.222-41 (the “SCA Clause”)
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July 26, 2023 - PAGA
The California Supreme Court Clarifies PAGA Standing
By: Tritia M. Murata and Jinny S. Hwang
On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. ( S274671 , Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private Attorneys General Act of 2004 (PAGA,
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June 26, 2023 - Legislation, Announcements
SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs
By: Andrew R. Turnbull, Carrie H. Cohen and Michael Schulman
As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended affirmative action for college admissions by effectively overruling the Court’s longstanding
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June 23, 2023 - Non-Compete, Legislation
New York State Slated to Join Post-Employment Non-Compete Ban Bandwagon
By: Michael Schulman and Kwan Park
New York State is expected to join the growing number of states that significantly limit or prohibit non-compete agreements. On June 20, 2023, the New York State legislature passed S3100A , a bill broadly prohibiting post-employment non-compete restrictions. S3100A is expected to be signed
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June 21, 2023 - Pay Equity, Discrimination
Key Updates for UK Employers: What Needs to be on Your Radar for the Second Half of 2023
By: Annabel Gillham, Oliver Spratt and Lara M. King
The last few months have seen some important and significant developments in UK employment law. Amongst other things, we have seen new guidance published on ethnicity pay gap reporting , positive action , and employee rights to access personal information. Additional protections for parents
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June 05, 2023 - NLRB, Non-Compete
NLRB General Counsel Memo Seeks Aggressive Enforcement Against Employee Non-Competes
By: Eric Akira Tate, Andrew R. Turnbull, Melissa M. Harclerode and Kwan Park
On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with employees violate the National Labor Relations Act (the “Act”), except in limited circumstances. As
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June 05, 2023 - European Union
What You Need to Know About the New German Whistleblowing Act
By: Hanno Timner, Christin Dunkel and Jasmin Dajana Kuehner
The German Whistleblowing Act (the “Act”) requires all legal entities in the private sector with at least 50 “workers” to set up internal reporting channels for whistleblowers. Since the Act does not specify that this number refers to full-time equivalents (FTE), it is likely
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May 25, 2023 - Legislation, Non-Compete
Minnesota Passes Near Total Ban of Non-Compete Agreements
By: Andrew R. Turnbull and David F. Papas
On May 16, 2023, the Minnesota legislature passed SF 3035 (the “Bill”), banning nearly all post-termination non-compete agreements with employees and independent contractors. Although the Bill marks another state in the trend of jurisdictions passing laws limiting the use of employee non-competes, the Bill goes
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May 11, 2023 - Non-Compete, Workplace Misconduct
No-Poach Case Alert: DOJ’s No-Poach Strategy Dealt Another Blow As Court Tosses Case Before It Reaches Jury
By: Eric Akira Tate and Cooper J. Spinelli
The U.S. Department of Justice’s (“DOJ’s”) ongoing efforts against no-poach agreements suffered their latest setback on April 28, 2023, following the Connecticut federal court’s ruling in U.S.A. v. Mahesh Patel , acquitting all six defendants of criminal liability for allegedly entering into a horizontal
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