Employment Law Commentary

Announcements

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.

May 5, 2018 - Wage and Hour

Dynamex v. Superior Court: California Supreme Court Clarifies Standard for Independent Contractor Classification Under California Wage Orders

By: Tritia M. Murata

On April 30, 2018, the California Supreme Court issued its highly anticipated opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard that applies to determine whether a worker is properly classified as an independent contractor for purposes of the Industrial Welfare …›

April 5, 2018 - Immigration

Employers Caught In Crosshairs Of Immigration Debate – Understanding And Complying With The California Immigrant Worker Protection Act

By: Kwan Park

The increasingly polarized political climate has placed California employers in the middle of the dispute between the federal and California governments over immigration policy. On October 5, 2017, Governor Jerry Brown of California signed the Immigrant Worker Protection Act (AB 450) into law. …›

March 5, 2018 - Department of Labor (DOL)

A Changing Landscape: Unpaid Internships Under the DOL’S New Primary Beneficiary Test

By: Maya Harel

As companies begin to think about their summer internship programs, they may want to consider the recent change in the legal landscape surrounding unpaid internships. For good reason, companies have generally been concerned about the legality of unpaid internships, given the U.S. Department of …›

February 5, 2018 - Legislation

Whatever the Seventh Circuit Says, Extended Leave May Be a Reasonable Accommodation in California

By: David P. Zins

Managing employees’ leaves of absence is a tricky business for employers. While laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide a set amount of leave protection and are generally easy to follow, courts and agencies …›

January 5, 2018 - Legislation

The California Legislature and The Trump Administration: Different Directions

It was another busy year in the California Legislature with regard to employment and labor issues. Of particular note for California employers are the new laws related to employee hiring practices with the prohibitions on requesting an employment applicant’s salary history information, limitations on …›

November 5, 2017 - Privacy & Data Security

Hot Topics For Multinational Employers: Privacy In The Workplace, The EU General Data Protection Regulation, And Brexit

By: Hanno Timner, Annabel Gillham, and Lara M. Sirimanne

Increasing digitalisation of the workplace means that many routine activities nowadays entail the processing of employees’ personal information. Sophisticated data management tools allow for greater efficiency and help to identify and contain business risks. What often follows is harmonisation of HR data platforms within …›

October 5, 2017 - OFCCP

Workplace Bias and Gender Pay Equity in Silicon Valley

By: Eric Akira Tate, Annabel Gillham, and Kathiana Aurelien

It was only a couple of years ago, on March 27, 2015, that a jury rejected Ellen Pao’s gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. The Ellen Pao case, and …›

September 5, 2017 - Workplace Misconduct

Sticks and Stones May Break My Bones, But Words Survive Dismissal: Castleberry v. STI Group

The Third Circuit has recently taken steps to resolve inconsistent precedent regarding the standard for pleading hostile work environment harassment. In Castleberry v. STI Group, decided in July, the Third Circuit held for the first time that a single, isolated offensive comment could give …›

August 5, 2017 - EEOC

Let Us Pray: The Challenges of Accommodating Muslim Prayer in the Workplace

Some prayers go unheard; others go to the Equal Employment and Opportunity Commission. Recently, employers in three states have faced actions from Muslim employees demanding increased accommodation for prayer in the workplace. In May, an employer in Minnesota refused to schedule prayer breaks requested …›

July 6, 2017 - Americans with Disabilities Act (ADA)

When One Person's Scent Is Another Person's Disability

By: Amber D. Shubin

A California jury recently awarded a $3.3 million verdict to a California Department of Transportation (“CALTRANS”) employee who alleged a variety of disability-related claims involving CALTRANS’s failure to properly accommodate his allergy to certain scents and his supervisor’s and co-workers’ retaliatory actions in light …›