IS TIME UP FOR THE SEVERE OR PERVASIVE STANDARD? HARASSMENT CLAIMS IN 2020 AND BEYOND
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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 Employment + Labor practice page and read about our Team.
- 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... ›
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... ›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... ›Temporary Reprieve for Employers During Challenge to AB 51, New California Law Barring Mandatory Employment Arbitration Agreements
By: 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... ›- - 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... › 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... ›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... ›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... ›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... ›Tightening Restrictions on Noncompetes
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 are... ›