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.

April 01, 2021 - Coronavirus (COVID-19), Paid Sick Leave, Legislation
California Expands Coverage for COVID-19 Supplemental Paid Sick Leave
By: Andrew R. Turnbull and Allyson D. Bach
On March 19, 2021, California Governor Gavin Newson signed Senate Bill 95, requiring California employers with more than 25 employees to provide their employees with Supplemental Paid Sick Leave (SPSL) for various COVID-related absences. Coverage under this new legislation is far more expansive than last
... ›
February 10, 2021 - Non-Compete, Legislation, Trade Secrets
The District of Columbia Joins Jurisdictions Banning Non-competes
By: Andrew R. Turnbull and Eric Gebert
On January 11, 2021, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (“the Act”), effectively eliminating non-competes in Washington, D.C., except under very limited circumstances. The Act is anticipated to take effect on March 19, 2021.
... ›
January 27, 2021 - Announcements, Coronavirus (COVID-19)
Podcast: COVID-19 Vaccines in the Workplace
By: Michael R. Ward
In this fifth episode of our podcast series on COVID-19, Michael Ward , MoFo partner and global head of the firm’s Life Sciences Group and Patent Group, discusses with Janie Schulman , employment and labor partner in our Los Angeles office as well as
... ›
January 13, 2021 - Legislation
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung, Michael Burshteyn and Camille Framroze
Last year was busy for Biometric Information Privacy Act (BIPA) litigants. Defendants in 2020’s flood of BIPA cases ranged from technology companies developing novel biometric products to amusement parks and healthcare organizations leveraging biometric tools for employee and customer authentication. Even small businesses, such
... ›
January 08, 2021 - Discrimination
Harassment and Acquiescence
By: James R. Sigel
Below is an excerpt from one of Morrison & Foerster’s newest blogs, Left Coast Appeals , which takes a data-driven look at the Ninth Circuit Court of Appeals. In addition to analyzing Court statistics, the blog publishes a “ This Week at the Ninth
... ›
December 24, 2020 - Discrimination, EEOC, Americans with Disabilities Act (ADA), Coronavirus (COVID-19), Paid Sick Leave
What Employers Need to Know: EEOC Serves Up COVID-19 Vaccine Guidance
By: Prabhjyot K. Singh
In the wake of the U.S. Food and Drug Administration’s first grant of Emergency Use Authorization (EUA) for a COVID-19 vaccine, the Equal Employment Opportunity Commission (EEOC) updated its pandemic guidance to address the legal issues surrounding the intersection of the COVID-19 vaccine and
... ›
December 09, 2020 - Family Medical Leave Act (FMLA), Leaves of Absence, Wage and Hour, Coronavirus (COVID-19), Paid Sick Leave, Legislation
Another Round of New California Employment Laws
By: Andrew R. Turnbull and Kwan Park
With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers, including obligations related to the ongoing pandemic, reinforcing or expanding leave protections, wage and hour
... ›
October 30, 2020 - European Union, Privacy & Data Security
7 Tips for International Recruiting Programs in the Era of GDPR and Emerging U.S. Laws
By: Alja Poler De Zwart and Marian A. Waldmann Agarwal
When your organization is searching to fill a new position, you understandably want to find out as much as possible about the candidates who apply. Aside from determining whether the candidate has the specific skill set, education, and experience necessary to do the job,
... ›
September 30, 2020 - Americans with Disabilities Act (ADA), Coronavirus (COVID-19)
Are You Covered? Warnings From Recent Face Mask Litigation
While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees that wearing face coverings is one of the most effective ways to slow infections. State and local governments have
... ›
September 24, 2020 - Discrimination, OFCCP, Workplace Misconduct
President Trump Issues Executive Order Banning Federal Contractors from Race and Sex Stereotyping Training
By: Andrew R. Turnbull and Locke Bell
On September 22, 2020, President Trump signed an Executive Order on Combatting Race and Sex Stereotyping (the “EO”), prohibiting federal contractors and certain federal grant recipients from holding diversity and EEO training for their workforce that includes “divisive concepts,” such as training employees that
... ›