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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.


April 8, 2022 - Wage and Hour

Paying Employees in Cryptocurrency: Is That Lawful?

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 …›

February 15, 2022 - Legislation, Workplace Misconduct

Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual Harassment and Assault Claims

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 …›

February 4, 2022 -

California Supreme Court Clarifies Standards for Whistleblower Claims Under California Labor Code Section 1102.5

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 …›

Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only

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 …›

Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate

The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration (OSHA), was a “vaccine or test” mandate: it applied to employers with 100+ …›

Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?

On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia …›