Businesses are constantly challenged by the ever-evolving landscape of labor and employment law, with new legislation and judicial developments occurring almost daily fueling a seemingly never-ending stream of litigation. For companies operating in multiple states, complying with this patchwork of federal, state, and local laws and developments can be daunting. Knowing these issues are a top concern for management and in-house counsel, Morrison Foerster keeps pace with this rapidly evolving landscape. 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.<h2>About Morrison Foerster</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Waymo LLC v. Uber Technologies Inc.

Melaleuca, Inc. v. Shaklee Corporation

International Lease Finance Co. (AIG) v. Air Lease Corporation

Financial Institution vs. Former Employees and Their New Employer

Cross-Border Poaching Dispute

Defeated Class Certification and Representative PAGA Claims in Grocery Manager Misclassification Action

Defeated Class Certification and Representative PAGA Claim in Retail Misclassification Action

Defeated Class Certification in Security Screening Action

Obtained Dismissal of Representative Wage-and-Hour Claim Involving Retail Pharmacists

Victory in Six-Year Sarbanes-Oxley Act (SOX) Whistleblower Retaliation Litigation

Dismissal with Prejudice of Sarbanes-Oxley Act (SOX) Whistleblower Retaliation Claim

CBC Group – Counseling and Investigation

Confidential Client – Counseling and Investigation

ON Semiconductor – M&A and Outsourcing Transaction

Uber Technologies, Inc. – M&A and Outsourcing Transaction

Intel Corporation – M&A and Outsourcing Transaction

Johnson & Johnson – M&A and Outsourcing Transaction

Taisho Pharmaceutical – M&A and Outsourcing Transaction

Terumo Corporation – M&A and Outsourcing Transaction

Confidential Clients – Employment Issues for Government Contractors

Our employment and labor lawyers apply deep experience as counselors and litigators and a rich understanding of employment law to achieve the best client outcomes.

Employment + Labor

Employment and Labor Lawyers

Employment: Employers

District of Columbia: Labor & Employment

Labor and Employment: Labor & Employment Disputes: Defense

Recommended: California – Labor and Employment

California: Labor & Employment: The Elite

Intellectual Property: Trade Secrets (Litigation and Non-Contentious Matters)

National: Employment Law – Management (Tier 1)

National: Litigation – Labor & Employment (Tier 1)

National: Labor Law – Management (Tier 1)

Los Angeles: Litigation – Labor & Employment (Tier 1)

Los Angeles: Labor Law – Management (Tier 1)

San Francisco: Employment Law - Management (Tier 1)

San Francisco: Litigation: Labor & Employment (Tier 1)

Andrew Turnbull represents companies on a broad range of labor and employment litigation and counseling matters. He has successfully defended clients in complex employment litigation before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, including advising on all aspects of OFCCP compliance, creating and implementing affirmative action plans, defending OFCCP audits and onsite investigations, conducting mock pay equity audits, drafting and developing business ethics policies and programs, and complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act.

Andrew Turnbull

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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 <a href="https://www.mofo.com/capabilities/employment-labor" target="_blank">Employment + Labor</a> practice page and read about our <a href="https://www.mofo.com/people?practices=Employment%20%2B%20Labor" target="_blank">Team</a>.

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2026 California Legislative Updates Compilation

DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

Fourth Circuit Stays Injunction of Trump DEI Executive Orders

President Trump Rescinds Affirmative Action for Federal Contractors and Requires Enforcement Plan to End Unlawful DEI at Private Companies

FAR Council Withdraws “Pay Equity and Transparency” Proposed Rule

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Chair, Global Employment and Labor Practice

Eric Akira Tate co-chairs the firm’s Global Employment and Labor Group. He represents technology and other companies in bet-the-company trade secrets and employee mobility cases.

Eric Akira Tate

Eric Tate chairs the firm’s Global Employment and Labor Group. He has represented technology and other companies in the biggest and most highly-publicized trade secrets and employee mobility cases across multiple industries. Eric also represents companies in whistleblower, wage and hour, and other employment litigation.

Eric Tate

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Maya L. King

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Keniece Gray is an associate in the Litigation Department of Morrison Foerster’s Washington, D.C. office.

Keniece Y. Gray

Keniece Gray

Will C. Martel

Will Martel

Niki Hendi

Zoe E. Escarcega

Zoe Escarcega

Armando Gonzalez

Nicole G. Morgan

Nicole Morgan

Marcus Grimes is an associate in the Litigation Department in Morrison Foerster’s San Francisco office.

Marcus Grimes

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On May 19, 2025, the U.S. Deputy Attorney General issued a memorandum (the “Memo”) announcing a Civil Rights Fraud Initiative (the “Initiative”) and instructing the U.S. Department of Justice (“DOJ”) to pursue False Claims Act (“FCA”) enforcement against “any recipient of federal funds that knowingly violates federal civil rights laws.” Read the <a href="https://www.mofo.com/resources/insights/250521-doj-creates-initiative-aggressive-false-claims-act-enforcement" target="_blank">full client alert</a>.

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Carrie H. Cohen, partner, has deep experience in white collar defense, FCPA compliance, federal prosecutions, workplace misconduct, and securities enforcement.

Carrie H. Cohen, partner, has deep experience in white collar defense, FCPA compliance, federal prosecutions, workplace misconduct  and securities enforcement.

Carrie H. Cohen

Carrie H. Cohen has a distinguished record of success in the courtroom handling high‑stakes litigation, with a particular focus on white-collar and securities cases. She is the co-chair of the Women’s Strategy Committee.

Carrie Cohen

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Katherine (Kate) Driscoll, partner, focuses her practice on white collar defense, investigations and enforcement actions for companies and senior executives.

Kate Driscoll

Katherine (Kate) Driscoll is a partner in Morrison Foerster’s Investigations + White Collar Defense Practice Group. Kate focuses her practice on investigations, enforcement actions, and compliance, representing companies and senior business executives.

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Tina Reynolds is chair of Morrison Foerster’s Government Contracts & Public Procurement practice. She represents a wide variety of government contractors including information technology, defense, biotechnology, and pharmaceutical companies, as well as research organizations and universities.

Tina D. Reynolds

Tina is co-chair of Morrison Foerster’s Government Contracts & Public Procurement practice. She counsels a wide variety of government contractors on compliance with federal acquisition and ethics regulations. She drafts and negotiates contracts on their behalf and has been involved with numerous internal investigations and compliance reviews, and with bid protest, contract claims, and False Claims Act litigation. She also advises on M&A transactions involving government contractors.

Tina Reynolds

Andrew co-chairs the firm’s Global Employment and Labor Group. He represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies.

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DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities

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On March 14, 2025, a three-judge panel on the U.S. Court of Appeals for the Fourth Circuit stayed the nationwide preliminary injunction of President Trump’s Executive Orders 14173 and 14151 (DEI EOs). Read the full <a href="https://www.mofo.com/resources/insights/250317-fourth-circuit-stays-injunction-of-trump-dei-executive-orders" target="_blank">client alert</a>.

Fourth Circuit Stays Injunction of Trump DEI Executive Orders

On January 21, 2025, President Trump signed a sweeping executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, rescinding affirmative action and other anti-discrimination laws applying to federal contractors, requiring contractors to certify that they do not have unlawful “DEI programs,” and requiring federal agencies to create strategic enforcement plans targeting illegal DEI programs in the private sector. Not only is the Order a drastic change from the prior administration, but it ushers in a “sea change” at the federal level on decades-old affirmative action and anti-discrimination requirements for federal contractors, agencies, and programs. Without clear guidelines in the Order on what constitutes unlawful “DEI programs,” companies are left to speculate on what this administration views as discriminatory or what types of programs they might seek to target. It remains to be seen how this Order will be implemented and whether the Order (or parts thereof) will be legally challenged or survive such challenges. In the meantime, companies should review their affirmative action and DEI practices, policies, and programs in light of this Order.Read more in our <a href="https://www.mofo.com/resources/insights/250122-trump-rescinds-affirmative-action-federal-contractors-dei-private-companies">client alert</a>.

President Trump Rescinds Affirmative Action for Federal Contractors and Requires Enforcement Plan to End Unlawful DEI at Private Companies

On January 21, 2025, President Trump signed a sweeping executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action and other anti-discrimination laws applying to federal contractors, requiring contractors to certify that they do not have unlawful “DEI programs,” and requiring federal agencies to create strategic enforcement plans targeting illegal DEI programs in the private sector. 

On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council <a href="https://www.federalregister.gov/documents/2025/01/08/2025-00118/office-of-federal-procurement-policy-federal-acquisition-regulation-pay-equity-and-transparency-in" target="_blank">withdrew</a> a <a href="https://www.federalregister.gov/documents/2024/01/30/2024-01343/office-of-federal-procurement-policy-federal-acquisition-regulation-pay-equity-and-transparency-in" target="_blank">proposed rule</a> that would have banned federal contractors and subcontractors from seeking or considering compensation history when making employment decisions and required contractors to disclose compensation being offered in job postings. As we <a href="https://www.mofo.com/resources/insights/240131-proposed-rule-seeks-to-mandate-pay-transparency" target="_self">previously reported</a>, the proposed rule would have applied broadly to all solicitations, with mandatory flow-downs to all federal subcontracts performed in the United States, at every tier, including contracts and subcontracts for commercial and commercially available off-the-shelf products and services, of any value. Beyond banning use of salary history information and requiring contractors to include salary, wage, and benefit information in all job postings for positions working on or in connection with a covered contract, the proposed rule would have required covered contractors to provide all applicants applying for roles on covered contracts with a cumbersome mandatory notice of the requirements.  In its notice of withdrawal, the FAR Council said it was withdrawing the proposed rule “[i]n light of the limited time remaining in the current Administration.” The FAR Council and OFPP decided it was better for them to “focus their attention on other priorities, including directives in recent National Defense Authorization Acts” before the new administration is sworn in. It seems safe to bet that the “Pay Equity and Transparency” rule will not reappear, at least not during the next four years. Although federal efforts for pay transparency and salary history may have stalled for now, over 15 jurisdictions already have laws in place prohibiting using salary history to make employment decisions or requiring employers to provide pay information in their job postings. These jurisdictions include California, Connecticut, New York, New York City, Maryland, Washington State, and Washington, D.C. More states will have pay transparency laws going into effect this year, including Illinois (January 1, 2025), Minnesota (January 1, 2025), New Jersey (June 1, 2025), Vermont (July 1, 2025), and Massachusetts (October 29, 2025). This growing patchwork of pay transparency laws is becoming increasingly cumbersome for contractors to navigate and create coordinated strategies for compliance. So, contractors should consider reviewing their pay equity and transparency practices in light of these laws.

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Of Counsel

Jim Tucker is of counsel in Morrison & Foerster’s Government Contracts and Public Procurement Practice Group and is based in the firm’s Washington, D.C. office.
Jim’s practice runs the gamut of litiga

James A. Tucker

Jim maintains an active practice in bid protests before the Government Accountability Office and contracting agencies and counsels clients in contract disputes and compliance obligations.