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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.

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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August 15, 2022 - Wage and Hour, PAGA
California Supreme Court Poised to Address the Issue of PAGA Standing Post-Viking River
By: Tritia M. Murata and Lauren Renee Leibovitch
As we previously reported , the United States Supreme Court in Viking River Cruises, Inc. v. Moriana , (2022) 142 S. Ct. 1906, delivered a victory for California employers. The high court held that employers can compel arbitration of a plaintiff’s individual claim under the
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August 10, 2022 - Department of Labor (DOL)
DOJ and FTC Enter Separate MOUs with the NLRB to Collaborate on Worker Protections and Competition in U.S. Labor Markets
By: Andrew R. Turnbull, Megan E. Gerking and Rob Manoso
In the latest employment-related collaborations under President Biden, the U.S. Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) both recently announced new partnerships with the National Labor Relations Board (“NLRB”), with the aim of coordinating their policy and enforcement initiatives to
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August 03, 2022 - Coronavirus (COVID-19)
Employer Take Home Test: California Supreme Court to Consider Employer Liability for So-Called Take Home COVID-19
By: David P. Zins
COVID-19-related litigation remains on the frontline as the California Supreme Court agreed to decide, in Corby Kuciemba et al. v. Victory Woodworks Inc ., case number S274191, whether employers may be liable for COVID-19 spreading to employees’ households. Background The Kuciemba case stems from
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July 21, 2022 - Legislation, Non-Compete, Trade Secrets
D.C. Council Waters Down Non-Compete Ban While Keeping Some Significant Limitations
By: Andrew R. Turnbull and Eric Gebert
On July 12, 2022, the D.C. Council amended the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Amendment”), walking back from an earlier version of the bill that, as previously discussed, contemplated a nearly total ban for employee non-competes. The Amendment, however, places significant limits
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June 29, 2022 - Wage and Hour
Drug Tests and Attorney's Fees
By: Lena H. Hughes
This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). JOHNSON V. WINCO FOODS The Court holds that job applicants to
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June 17, 2022 - Wage and Hour, PAGA
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
By: Tritia M. Murata and Monica A. Rodriguez
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to
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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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