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.

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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July 29, 2019 - Non-Compete
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
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May 31, 2019 - Family Medical Leave Act (FMLA)
FMLA Leave in the Digital Age: When Contacting an Employee on FMLA Leave Constitutes Interference
By: Andrew R. Turnbull
The American workplace has changed significantly since the passage of the Family and Medical Leave Act (“FMLA”) over 25 years ago. The ubiquitous use of technology, such as email, instant messaging applications, laptops, and cellphones, have made working from home more commonplace and blurred
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May 02, 2019 - Discrimination, Leaves of Absence, Americans with Disabilities Act (ADA), Paid Sick Leave
Navigating the Seas of Federal, State, and Local Leave of Absence Laws
FMLA, CFRA, NPLA, ADA, FEHA, NYPFL, SFPPLO. The alphabet soup of leave laws with which employers must comply is enough to make the heads of even the most seasoned HR professionals and in-house counsel spin. With an increasing number of municipalities jumping into the
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April 01, 2019 - Announcements
MoFo Webinar: Employment Traps in the Digital Age: Trade Secret (Including Restrictive Covenant) and Privacy Issues Abound
By: Eric Akira Tate and Mary Race
Trade secrets and personal information are key assets for most employers. Join us for a webinar to discuss recent developments affecting the protection of trade secrets in California (including restrictive covenants) and the handling of personal information. Topics will include: How do recent Defend
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March 29, 2019 - Artificial Intelligence
Employment Practices and Future Technologies – Taking the Human out of Human Resources
The machines are taking over. Not always apparent, but Artificial Intelligence[1] (AI) and machine learning[2] (ML) are finding footholds in numerous industries. One area in which AI is rapidly on the rise relates to employment practices and employee control. But before embracing the future,
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March 13, 2019 - Department of Labor (DOL)
What Do the DOL’s Proposed Changes to the FLSA Overtime Rules Mean for Employers?
By: Andrew R. Turnbull
On March 7, 2019, the U.S. Department of Labor (the “DOL”) issued a Notice of Proposed Rulemaking , proposing to raise the minimum salary level for employees to be exempt from overtime requirements under the Fair Labor Standards Act (“FLSA”). Under current FLSA regulations,
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February 21, 2019 - Wage and Hour
Call-in & Collect: California Reporting Time Pay Compliance Strategies
By: Andrew R. Turnbull
California’s “reporting time pay” regulations are back in the news after the recent California appellate court decision in Ward v. Tilly’s, Inc. held that employees who worked on-call or “call-in” shifts were entitled to half-shift reporting time pay, even when not required to physically
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February 01, 2019 - Legislation, PAGA
PAGA: A Call To Arms
Whatever good intentions its proponents may claim, the Labor Code Private Attorneys General Act of 2004 (PAGA) created perverse incentives for plaintiff’s lawyers to file representative actions seeking civil penalties for violations of the California Labor Code on behalf of all “aggrieved employees” of
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December 17, 2018 - Legislation
California Says #MeToo with SB 1300: The Impact on Employers
A California bill that has emerged from the #MeToo movement and is likely to increase employers’ costs and exposure in defending harassment claims will take effect on January 1, 2019. As briefly discussed in our October 2018 Employment Law Commentary , California Governor Jerry
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