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.

November 26, 2018 - Legislation
Are Employee Non-Solicitation Clauses Still Legal In California?
The Fourth District Court of Appeals in San Diego on November 1, 2018, issued AMN Healthcare Inc. v. Aya Healthcare Services Inc. , in which it called into question the continuing viability in California of employee non-solicitation clauses found in many employment contracts and
... ›
October 30, 2018 - Legislation
Annual California Legislative Recap
Another year has passed in the California Legislature, with new laws and amendments affecting California employers. Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement that corporate boards of directors include women, have been passed. Other changes include
... ›
October 05, 2018 - NLRB
Boomerang: The Trump NLRB Supplants the Obama NLRB
When Donald Trump took office in 2017, the members of the NLRB (Board) were predominantly appointees of President Obama. During the Obama presidency, the Board issued decisions that were mostly favorable to the interests of organized labor and its employee-members. Those decisions reversed years
... ›
September 05, 2018 - Wage and Hour
Troester v. Starbucks Corp. – What Is A Trifle, Anyway?
On July 26, 2018, the California Supreme Court issued another highly anticipated opinion in Troester v. Starbucks Corp. , clarifying application of the federal de minimis doctrine, to claims for unpaid wages under California law. Federal courts have long applied the de minimis doctrine
... ›
August 05, 2018 - Intellectual Property
Protecting Investments in People and IP While Avoiding Criminal Sanctions
By: Lisa M. Phelan and Eric Akira Tate
“Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees, account for 85% of a company’s assets.” “[W]e are going to aggressively protect our intellectual property. Our single
... ›
July 07, 2018 - Discrimination
From Social Media to Social Change: Will #MeToo Alter California Arbitration Law?
What began as a hashtag trending on Twitter may spur major change in the legislative arena in California. #MeToo not only brought global attention to the magnitude of sexual harassment and assault, but also sparked a much-needed conversation about how to combat the problem
... ›
June 05, 2018 - Legislation, PAGA
What the Supreme Court’s “Epic” Decision Means for Employers
By: Andrew R. Turnbull
On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis , holding that waivers of class and collective actions in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). The Supreme Court’s decision resolves a
... ›
May 05, 2018 - Wage and Hour
Dynamex v. Superior Court: California Supreme Court Clarifies Standard for Independent Contractor Classification Under California Wage Orders
By: Tritia M. Murata
On April 30, 2018, the California Supreme Court issued its highly anticipated opinion in Dynamex Operations West, Inc. v. Superior Court , clarifying the standard that applies to determine whether a worker is properly classified as an independent contractor for purposes of the Industrial
... ›
April 05, 2018 - Immigration
Employers Caught In Crosshairs Of Immigration Debate – Understanding And Complying With The California Immigrant Worker Protection Act
By: Kwan Park
The increasingly polarized political climate has placed California employers in the middle of the dispute between the federal and California governments over immigration policy. On October 5, 2017, Governor Jerry Brown of California signed the Immigrant Worker Protection Act (AB 450) into law. The
... ›
March 06, 2018 - Department of Labor (DOL)
A Changing Landscape: Unpaid Internships Under the DOL’S New Primary Beneficiary Test
By: Maya Harel
As companies begin to think about their summer internship programs, they may want to consider the recent change in the legal landscape surrounding unpaid internships. For good reason, companies have generally been concerned about the legality of unpaid internships, given the U.S. Department of
... ›