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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.
December 30, 2019 - Legislation

Temporary Reprieve for Employers During Challenge to AB 51, New California Law Barring Mandatory Employment Arbitration Agreements

By: Nancy R. Thomas, Oswald B. Cousins, and Matthew E. Ladew

A California federal court has given employers a New Year’s gift, issuing a temporary restraining order preventing Assembly Bill 51—the law barring employers from requiring employees to enter into agreements to arbitrate FEHA and California Labor Code claims—from going into effect. The order will …›

December 17, 2019 - Legislation

California Issues A New Round Of Employment Laws

By: Janie F. Schulman, Andrew R. Turnbull, and Kathiana Aurelien

California employers will be impacted by several new laws signed by Governor Newsom during this past legislative session. Employers should review their policies and procedures in light of these developments, most of which will be effective January 1, 2020. Minimum wages will also increase …›

December 5, 2019 - European Union

Update: The European Whistleblowing Directive: What You Should Know

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

On November 26, 2019 the Official Journal of the European Union published the European Whistleblowing Directive (“the Directive”). This means that EU member states must now implement the Directive into national law, and companies employing 250 or more workers must be in compliance with …›

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 - European Union

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 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 …›