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.

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
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 announced that
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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
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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December 03, 2021 - OFCCP, Department of Labor (DOL)
Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications
By: Andrew R. Turnbull
On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually whether they have developed and maintained an affirmative action program (AAP) for each
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November 16, 2021 - Privacy & Data Security, Legislation
New York Enacts Employee Monitoring Notification Law
By: Suhna N Pierce
New York recently joined Connecticut and Delaware as one of a small number of states with statutes that require employers that engage in electronic monitoring of employees to provide prior written notice of the monitoring. On November 8, 2021, the State of New York
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November 15, 2021 - Workplace Misconduct
Crossing the Line: Hospitality, Gifts, and Unfair Dismissal
By: Annabel Gillham, Oliver Spratt and Michelle Si-Ting Luo
Mr D Thompson v Informatica Software Ltd In a recent appeal at the EAT an individual (the “appellant”), who had been a senior employee of the employer (ISL), was found to have been fairly dismissed for gross misconduct after authorising payment of ~$5,400 to
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