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. To learn more about our capabilities, please visit the Employment + Labor practice page and read about our Team.

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, James R. Sigel and Matthew E. Ladew
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
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 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
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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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December 05, 2019 - European Union
Update: The European Whistleblowing Directive: What You Should Know
By: Annabel Gillham, Hanno Timner, Oliver Spratt and Christin Dunkel
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
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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
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October 31, 2019 - European Union
The European Whistleblowing Directive: What You Should Know
By: Annabel Gillham, Hanno Timner, Oliver Spratt and Christin Dunkel
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
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September 23, 2019 - Legislation
As State Cannabis Approval Grows Higher, When Can You Fire?
By: Andrew R. Turnbull
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
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