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.

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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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
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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
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July 07, 2018 - Discrimination
From Social Media to Social Change: Will #MeToo Alter California Arbitration Law?
By: Lloyd Aubry
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
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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
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May 05, 2018 - Wage and Hour
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
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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
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March 06, 2018 - Department of Labor (DOL)
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
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February 06, 2018 - Legislation
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
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January 05, 2018 - Legislation
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
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Welcome to the MoFo ELC Blog

Boomerang: The Trump NLRB Supplants the Obama NLRB

Troester v. Starbucks Corp. – What Is A Trifle, Anyway?

Protecting Investments in People and IP While Avoiding Criminal Sanctions

By: Lisa M. Phelan and Eric Akira Tate

From Social Media to Social Change: Will #MeToo Alter California Arbitration Law?

By: Lloyd Aubry

What the Supreme Court’s “Epic” Decision Means for Employers

By: Andrew R. Turnbull

Dynamex v. Superior Court: California Supreme Court Clarifies Standard for Independent Contractor Classification Under California Wage Orders

Employers Caught In Crosshairs Of Immigration Debate – Understanding And Complying With The California Immigrant Worker Protection Act

By: Kwan Park

A Changing Landscape: Unpaid Internships Under the DOL’S New Primary Beneficiary Test

Whatever the Seventh Circuit Says, Extended Leave May Be a Reasonable Accommodation in California

The California Legislature and The Trump Administration: Different Directions