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.

December 31, 2019 - Legislation
Temporary Reprieve for Employers During Challenge to AB 51, New California Law Barring Mandatory Employment Arbitration Agreements
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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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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