What the Supreme Court’s “Epic” Decision Means for Employers
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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.
- - Legislation, PAGAOn 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... ›
Dynamex v. Superior Court: California Supreme Court Clarifies Standard for Independent Contractor Classification Under California Wage Orders
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... ›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... ›A Changing Landscape: Unpaid Internships Under the DOL’S New Primary Beneficiary Test
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... ›Whatever the Seventh Circuit Says, Extended Leave May Be a Reasonable Accommodation in California
Managing employees’ leaves of absence is a tricky business for employers. While laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide a set amount of leave protection and are generally easy to follow, courts and agencies... ›The California Legislature and The Trump Administration: Different Directions
It was another busy year in the California Legislature with regard to employment and labor issues. Of particular note for California employers are the new laws related to employee hiring practices with the prohibitions on requesting an employment applicant’s salary history information, limitations on... ›Hot Topics For Multinational Employers: Privacy In The Workplace, The EU General Data Protection Regulation, And Brexit
By: Hanno Timner, Annabel Gillham and Lara M. King
Increasing digitalisation of the workplace means that many routine activities nowadays entail the processing of employees’ personal information. Sophisticated data management tools allow for greater efficiency and help to identify and contain business risks. What often follows is harmonisation of HR data platforms within... ›- - OFCCP
Workplace Bias and Gender Pay Equity in Silicon Valley
By: Eric Akira Tate and Annabel Gillham
It was only a couple of years ago, on March 27, 2015, that a jury rejected Ellen Pao’s gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. The Ellen Pao case, and... › Sticks and Stones May Break My Bones, But Words Survive Dismissal: Castleberry v. STI Group
The Third Circuit has recently taken steps to resolve inconsistent precedent regarding the standard for pleading hostile work environment harassment. In Castleberry v. STI Group , decided in July, the Third Circuit held for the first time that a single, isolated offensive comment could... ›- - EEOC
Let Us Pray: The Challenges of Accommodating Muslim Prayer in the Workplace
Some prayers go unheard; others go to the Equal Employment and Opportunity Commission. Recently, employers in three states have faced actions from Muslim employees demanding increased accommodation for prayer in the workplace. In May, an employer in Minnesota refused to schedule prayer breaks requested... ›