Employment Law Commentary

November 14, 2019 - Legislation

In a Long-Anticipated Move, the Trump Administration Revokes Executive Order 13495, Giving Service Contractors More Flexibility when Hiring Predecessor Contractor Employees

By: Andrew R. Turnbull

Andrew Turnbull, Employment + Labor Of Counsel, and Victoria Dalcourt Angle, Government Contracts Associate, co-wrote a blog post detailing the Trump Administration's decision to revoke Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts (“EO 13495”), removing the requirement for federal service contractors …›

October 31, 2019 -

The European Whistleblowing Directive: What You Should Know

By: Annabel Gillham, Hanno Timner, Oliver Spratt, and Christin Fieber

Until now, there has been no baseline regime for the protection of whistleblowers in the European Union (“EU”). Member state legislation in this area is largely fragmented and, in many cases, does not provide much (if any) protection for whistleblowers. Presently, only 10 out …›

September 23, 2019 - Legislation

As State Cannabis Approval Grows Higher, When Can You Fire?

By: Andrew R. Turnbull and Alison E. Frost

For decades, many employers have categorically prohibited marijuana use given its illegal status under federal law. With a growing number of state and localities legalizing marijuana and creating protections for marijuana users, many employers have been left wondering whether they can continue to lawfully …›

July 29, 2019 - Non-Compete

Tightening Restrictions on Noncompetes

By: Amber D. Shubin

Many employers have long used noncompetition agreements, or noncompetes, as an important tool for preventing former employees from unfairly competing against them. Although only a few states outright ban noncompetes with employees,[1] most states permit employers to use noncompetes as long as they …›

May 31, 2019 - Family Medical Leave Act (FMLA)

FMLA Leave in the Digital Age: When Contacting an Employee on FMLA Leave Constitutes Interference

By: Andrew R. Turnbull

The American workplace has changed significantly since the passage of the Family and Medical Leave Act (“FMLA”) over 25 years ago. The ubiquitous use of technology, such as email, instant messaging applications, laptops, and cellphones, have made working from home more commonplace and …›

May 1, 2019 - Americans with Disabilities Act (ADA), Discrimination, Leaves of Absence, Paid Sick Leave

Navigating the Seas of Federal, State, and Local Leave of Absence Laws

By: Janie F. Schulman

FMLA, CFRA, NPLA, ADA, FEHA, NYPFL, SFPPLO. The alphabet soup of leave laws with which employers must comply is enough to make the heads of even the most seasoned HR professionals and in-house counsel spin. With an increasing number of municipalities jumping …›

April 1, 2019 - Announcements

MoFo Webinar: Employment Traps in the Digital Age: Trade Secret (Including Restrictive Covenant) and Privacy Issues Abound

By: Eric Akira Tate, Christine E. Lyon, and Mary Race

Trade secrets and personal information are key assets for most employers. Join us for a webinar to discuss recent developments affecting the protection of trade secrets in California (including restrictive covenants) and the handling of personal information. Topics will …›

March 28, 2019 - Artificial Intelligence

Employment Practices and Future Technologies – Taking the Human out of Human Resources

The machines are taking over. Not always apparent, but Artificial Intelligence[1] (AI) and machine learning[2] (ML) are finding footholds in numerous industries. One area in which AI is rapidly on the rise relates to employment practices and employee control. But before …›

March 13, 2019 - Department of Labor (DOL)

What Do the DOL’s Proposed Changes to the FLSA Overtime Rules Mean for Employers?

By: Andrew R. Turnbull and Amber D. Shubin

On March 7, 2019, the U.S. Department of Labor (the “DOL”) issued a Notice of Proposed Rulemaking, proposing to raise the minimum salary level for employees to be exempt from overtime requirements under the Fair Labor Standards Act (“FLSA”). Under current FLSA regulations, …›

February 20, 2019 - Wage and Hour

Call-in & Collect: California Reporting Time Pay Compliance Strategies

By: Adam E. Brauner

California’s “reporting time pay” regulations are back in the news after the recent California appellate court decision in Ward v. Tilly’s, Inc. held that employees who worked on-call or “call-in” shifts were entitled to half-shift reporting time pay, even when not required to physically …›