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.

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, employees
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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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November 26, 2018 - Legislation
Are Employee Non-Solicitation Clauses Still Legal In California?
By: Lloyd Aubry
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
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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
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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
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