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.

May 26, 2022 - EEOC, Pay Equity, OFCCP
Navigating Pay Equity and Transparency Compliance During the Great Resignation
By: Andrew R. Turnbull, Eric Gebert and David F. Papas
With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased business demand for talent, and compliance with the growing patchwork of pay equity and transparency laws. Numerous states and localities
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May 18, 2022 - Non-Compete
Preparing for Colorado’s New Limits on Employee Non-Competes
By: Andrew R. Turnbull and David F. Papas
Continuing the ongoing trend of states placing restrictions on employee non-competes, on May 10, 2022, the Colorado General Assembly passed a bill amending C.R.S. § 8-2-113 (the “Amendment”) and adding significant limitations on employee non-compete agreements. Most notably, the Amendment seeks to: Void all non-compete
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April 13, 2022 - Discrimination, Wage and Hour
TRITIA MURATA AND ERIC AKIRA TATE NAMED TO LAW360'S 2022 EDITORIAL ADVISORY BOARD
By: Tritia M. Murata and Eric Akira Tate
Tritia Murata and Eric Akira Tate have been named to Law360 's 2022 Editorial Advisory Board. These boards provide feedback on Law360 's coverage and expert insight on how best to shape future coverage. Tritia Murata was named to Law360 ’s 2022 Employment Authority
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April 08, 2022 - Wage and Hour
Paying Employees in Cryptocurrency: Is That Lawful?
By: David F. Papas
In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be the next phase of cryptocurrency’s melding into the mundane, when
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April 06, 2022 - OFCCP
OFCCP Signals Return to More Aggressive and Less Transparent Audits
By: Andrew R. Turnbull
In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the Trump Administration. These developments include: Issuing, on March 15,
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February 15, 2022 - Workplace Misconduct, Legislation
Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual Harassment and Assault Claims
By: Andrew R. Turnbull and Olivia J. Wada
On Thursday, February 10, 2022, the United States Senate passed H.R. 4445 , which will amend the Federal Arbitration Act (FAA) to ban all pre-dispute arbitration agreements and class and collective action waivers covering sexual harassment and sexual assault claims. President Biden has already
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January 24, 2022 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On Friday afternoon, the U.S. District Court for the Southern District of Georgia, which had earlier issued a nationwide preliminary injunction of Executive Order 14042, against Executive Order 14042’s vaccine mandate, made clear that the injunction applies only to the vaccine mandate and not to
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January 15, 2022 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate
By: Andrew R. Turnbull and Deanne E. Maynard
The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration (OSHA), was a “vaccine or test” mandate: it applied to employers with 100+ workers, and
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January 12, 2022 - Privacy & Data Security
Top Cybersecurity Considerations for Government Contractors in 2022
By: Tina D. Reynolds and Alex Iftimie
The cybersecurity posture of government contractors was an area of intense focus and ongoing regulatory development for the federal government in 2021. The coming year will also include many anticipated cybersecurity-related changes and developments. Read our full client alert.
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December 08, 2021 - EEOC, Coronavirus (COVID-19), Department of Labor (DOL)
Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?
By: J. Alex Ward, Andrew R. Turnbull and Krista A. Nunez
On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia
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