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.

March 16, 2020 - Coronavirus (COVID-19)
After Striking Deal with the President, the House of Representatives Passes Federal Relief Bill, the Families First Coronavirus Response Act
By: Prabhjyot K. Singh
In the wee hours of Saturday, March 14, 2020, the House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act, three days after its introduction. Of primary interest to employers, if enacted, the bill would expand the Family and Medical Leave Act
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March 12, 2020 - Coronavirus (COVID-19)
Coronavirus (COVID-19) for Employers: Leaves, Furloughs, and the WARN Act
By: Andrew R. Turnbull
On March 11, 2020, the World Health Organization officially declared the worldwide outbreak of the novel coronavirus, COVID-19, a pandemic. As the ripple effects from COVID-19 continue to grow, employers are increasingly facing difficult questions about how to address temporary workplace closures as well
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February 28, 2020 - Coronavirus (COVID-19)
Updated Coronavirus (COVID-19) Guidelines For Employers
By: Niles A. Pierson
Following the publication of our January 31, 2020 Client Alert, “ Coronavirus: Steps Employers Should be Taking ,” the Centers for Disease Control (“CDC”) and the Occupational Safety and Health Administration (“OSHA”) have issued new guidance for employers about how to respond to the
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February 22, 2020 - Legislation
Employment Law Trends to Watch in 2020
By: Eric Akira Tate, Andrew R. Turnbull and David F. Papas
Last year, jurisdictions across the nation issued new laws and regulations further complicating compliance issues for employers, particularly for multi-state employers. Some of the most significant developments related to new and proposed laws are seeking to make it easier to establish independent contractor misclassification
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February 12, 2020 - Legislation
Federal Court Preliminarily Enjoins the Attorney General from Enforcing AB 51, the New California Law Barring Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas and James R. Sigel
A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary injunction and barred the Attorney General (AG) from enforcing Assembly Bill (AB) 51.
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February 12, 2020 - Discrimination
IS TIME UP FOR THE SEVERE OR PERVASIVE STANDARD? HARASSMENT CLAIMS IN 2020 AND BEYOND
By: Andrew R. Turnbull and Cooper J. Spinelli
By almost any measure, the #MeToo movement has had a remarkable impact on workplace harassment law. As of today, five states have extended their statutes of limitations for harassment claims, 10 states have enacted various prevention measures, and 13 states have limited or prohibited
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January 31, 2020 - Discrimination, Privacy & Data Security, Coronavirus (COVID-19)
Coronavirus: Steps Employers Should Be Taking
By: Annabel Gillham and Oliver Spratt
The World Health Organization (WHO) has now declared the current outbreak of the new coronavirus first identified in Wuhan, Hubei Province, China as a “Public Health Emergency of International Concern.” As more countries announce quarantine measures for travelers returning from Wuhan, businesses need to
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January 03, 2020 - Discrimination
Faithful Accommodations: What Employers Should Do When Addressing Religious Accommodations in the Workplace
By: Andrew R. Turnbull and Niles A. Pierson
As we leave the 2019 Holiday Season, employers may be questioning whether they adequately accommodated various religions practices among their employees. Accommodations for religious practices often arise during the holiday season in two major contexts: (1) time off for religious observances; and (2) religious
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December 31, 2019 - Legislation
Temporary Reprieve for Employers During Challenge to AB 51, New California Law Barring Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas
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
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December 18, 2019 - Legislation, PAGA
California Issues A New Round Of Employment Laws
By: Andrew R. Turnbull
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
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