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.

June 05, 2023 - European Union
What You Need to Know About the New German Whistleblowing Act
By: Hanno Timner, Christin Dunkel and Jasmin Dajana Kuehner
The German Whistleblowing Act (the “Act”) requires all legal entities in the private sector with at least 50 “workers” to set up internal reporting channels for whistleblowers. Since the Act does not specify that this number refers to full-time equivalents (FTE), it is likely
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May 25, 2023 - Legislation, Non-Compete
Minnesota Passes Near Total Ban of Non-Compete Agreements
By: Andrew R. Turnbull
On May 16, 2023, the Minnesota legislature passed SF 3035 (the “Bill”), banning nearly all post-termination non-compete agreements with employees and independent contractors. Although the Bill marks another state in the trend of jurisdictions passing laws limiting the use of employee non-competes, the Bill goes
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May 11, 2023 - Non-Compete, Workplace Misconduct
No-Poach Case Alert: DOJ’s No-Poach Strategy Dealt Another Blow As Court Tosses Case Before It Reaches Jury
By: Eric Akira Tate and Cooper J. Spinelli
The U.S. Department of Justice’s (“DOJ’s”) ongoing efforts against no-poach agreements suffered their latest setback on April 28, 2023, following the Connecticut federal court’s ruling in U.S.A. v. Mahesh Patel , acquitting all six defendants of criminal liability for allegedly entering into a horizontal
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May 10, 2023 - Announcements, Coronavirus (COVID-19)
President Biden Revokes Federal Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Roke Iko
On May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive Order 14043). The decision marks a significant shift in the administration’s earlier stance
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April 11, 2023 - Wage and Hour, PAGA
Cruising Down a Post-Viking River: A Look at Litigation Trends in the Nine Months Since the U.S. Supreme Court’s Decision in Viking River
The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana , 142 S. Ct. 1906 (2022), in June 2022 delivered a victory for California employers facing claims brought pursuant to the Labor Code Private Attorneys General Act of 2004 (PAGA), as we previously
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April 10, 2023 - NLRB, Announcements
NLRB GC Takes Broad View of the McLaren Macomb Decision
By: Andrew R. Turnbull and Kwan Park
The General Counsel for the National Labor Relations Board (the “NLRB”) recently issued Memorandum GC 23-05 (the “Memorandum”), expansively interpreting the reach of the McLaren Macomb (“ McLaren ”) decision and raising more questions about how companies can lawfully use non-disparagement and confidentiality clauses
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April 06, 2023 - Non-Compete
Recent Non-Compete Trends: Courts Continue to Enforce Non-Competes While Politicians Seek to Narrow Them
By: Eric Akira Tate, Andrew R. Turnbull, Michael Schulman and Cooper J. Spinelli
The FTC’s Notice of Proposed Rulemaking of its Non-Compete Clause Rule, which would ban non-competes altogether if promulgated, opened 2023 with a bang. Whether it goes into effect, in what form, and whether the Rule will survive the legal challenges it will encounter, all
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March 31, 2023 - Non-Compete
Trio of Delaware Cases Signal Stricter Review of Sale-of-Business Non-Competes
By: Andrew R. Turnbull and Cooper J. Spinelli
On March 16, 2023, the Delaware Chancery Court in Intertek Testing Services NA, Inc. v. Eastman found a sale-of-business non-compete was overbroad, given its worldwide geographic scope, and refused to modify it to make it enforceable. Intertek marks the third time in less than
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March 29, 2023 - Legislation
Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?
By: Andrew R. Turnbull, Carrie H. Cohen, Michael Schulman and Melissa M. Harclerode
With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI) and affirmative action programs. Although a Court decision ending or
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February 28, 2023 - NLRB, Announcements
NLRB Limits Use of Non-Disparagement and Confidentiality Provisions
By: Andrew R. Turnbull and Kwan Park
In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the National Labor Relations Act (“NLRA”) if those provisions have “a reasonable tendency” to
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Welcome to the MoFo ELC Blog

What You Need to Know About the New German Whistleblowing Act

By: Hanno Timner, Christin Dunkel and Jasmin Dajana Kuehner

Minnesota Passes Near Total Ban of Non-Compete Agreements

By: Andrew R. Turnbull

No-Poach Case Alert: DOJ’s No-Poach Strategy Dealt Another Blow As Court Tosses Case Before It Reaches Jury

By: Eric Akira Tate and Cooper J. Spinelli

President Biden Revokes Federal Contractor Vaccine Mandate

By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Roke Iko

Cruising Down a Post-Viking River: A Look at Litigation Trends in the Nine Months Since the U.S. Supreme Court’s Decision in Viking River

NLRB GC Takes Broad View of the McLaren Macomb Decision

By: Andrew R. Turnbull and Kwan Park

Recent Non-Compete Trends: Courts Continue to Enforce Non-Competes While Politicians Seek to Narrow Them

By: Eric Akira Tate, Andrew R. Turnbull, Michael Schulman and Cooper J. Spinelli

Trio of Delaware Cases Signal Stricter Review of Sale-of-Business Non-Competes

By: Andrew R. Turnbull and Cooper J. Spinelli

Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?

By: Andrew R. Turnbull, Carrie H. Cohen, Michael Schulman and Melissa M. Harclerode

NLRB Limits Use of Non-Disparagement and Confidentiality Provisions

By: Andrew R. Turnbull and Kwan Park