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.

February 13, 2023 - Reductions in force (RIFs)
Key Considerations for Navigating Workforce Reductions During Uncertain Economic Times
By: Andrew R. Turnbull, Oliver Spratt and David F. Papas
With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the markets. Although RIFs can be a necessary measure to preserve financial resources and
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January 23, 2023 - Pay Equity
New Guidance on California's Pay Transparency Law
By: Andrew R. Turnbull and Sadé V. Tidwell
With California’s new pay transparency and pay reporting obligations under S.B. 1162 now in effect, employers are seeking answers on various open questions for complying with the new law. As we previously reported, S.B. 1162 requires employers with 15 or more employees to include
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January 23, 2023 - OFCCP, Announcements
OFCCP Releases New Audit List for 2023
By: Andrew R. Turnbull and Sadé V. Tidwell
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters that OFCCP sends to federal contractors and subcontractors
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December 07, 2022 - Non-Compete
Delaware Court Refuses to Enforce or Blue Pencil Sale of Business Non-compete
By: Eric Akira Tate, Andrew R. Turnbull and Cooper J. Spinelli
20 second read: While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the business being sold, it may refuse to enforce
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November 15, 2022 - Department of Labor (DOL)
Department of Labor (“DOL”) Extends Comment Period Deadline for Proposed New Independent Contactor Test
By: Michael Schulman
Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards Act (“FLSA”), and thus not subject to minimum wage
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October 06, 2022 - European Union, Legislation
New Requirements for Employment Agreements in Europe
By: Hanno Timner, Christin Dunkel, Oliver Spratt and Lara M. King
Following the enactment of the Directive on Transparent and Predictable Working Conditions (the “ Directive ”), EU Member States have had to implement into their national laws additional information obligations on employers. The deadline for the transposition of the Directive into national law was
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October 03, 2022 - Pay Equity, Legislation
California Adds to the Trend of States Requiring Greater Pay Transparency
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. Starting in 2023, S.B. 1162 adds several
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September 16, 2022 - OFCCP
OFCCP Extends Deadline to Object to FOIA Request for EEO-1 Reports
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 15, 2022, OFCCP announced that it is extending the September 19, 2022 deadline for contractors to object to Type 2 EEO-1 Reports in response to the Freedom of Information Act (FOIA) request by the Center for Investigative Reporting (CIR). OFCCP extended the
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August 30, 2022 - PAGA
Intervention and Arbitration
By: James R. Sigel
The Ninth Circuit Court rejects the attempt of an employee to intervene in another employee’s suit under California’s Labor Code Private Attorneys General Act (PAGA). Background: Carolyn Callahan sued her employer, Brookdale Senior Living Communities, under California’s Labor Code Private Attorneys General Act (PAGA). PAGA allows
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August 26, 2022 - OFCCP
OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis
By: Andrew R. Turnbull
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors,
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