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.

September 17, 2021 - Coronavirus (COVID-19), Legislation
New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities
By: Andrew R. Turnbull
On September 17, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued updated guidance (the “Guidance”) to federal agencies about COVID-19 safety protocols for employees of federal contractors and federal employees. While the Guidance is mostly targeted at COVID-19 vaccine and testing
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September 10, 2021 - Announcements, Coronavirus (COVID-19), Legislation
President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees
By: Andrew R. Turnbull
On September 9, 2021, President Biden issued a six-pronged Path Out of the Pandemic (the “Plan”) and Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”) that will require certain federal contractors and businesses with 100 or more employees to have
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July 09, 2021 - Discrimination, Americans with Disabilities Act (ADA), Coronavirus (COVID-19)
A Return to Normalcy? Check Your Local Rules – An Update on Mask Litigation and Guidelines
By: Lloyd Aubry and Michael G. Ahern
Nine months ago, we discussed several issues that had been raised by COVID-19 face mask-related litigation. [1] Soon after, COVID-19 infection rates spiked to unprecedented levels. But with the emergency use authorization of three COVID-19 vaccines in the United States, the state of the
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June 30, 2021 - Non-Compete, Coronavirus (COVID-19)
Illinois Ushers In New Restrictions on Non-competes and Non-solicits
By: Eric Akira Tate and Andrew R. Turnbull
On May 31, 2021, the Illinois General Assembly passed amendments to the Illinois Freedom to Work Act (the “Amendments”) that aim to impose significant new restrictions on employee non-compete and non-solicit agreements in Illinois. Illinois Governor J.B. Pritzker is expected to sign the Amendments
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June 24, 2021 - Americans with Disabilities Act (ADA), Coronavirus (COVID-19)
New Cal/OSHA COVID-19 Standards Relax Workplace Restrictions
By: Andrew R. Turnbull
On June 17, 2021, Cal/OSHA adopted revised COVID-19 Prevention Emergency Temporary Standards, relaxing many of the previous COVID-19 requirements for employers in light of the growing number of vaccinated individuals in the state. The new standards go into effect immediately and apply to most
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April 09, 2021 - Announcements
Second Circuit Affirms Class Decertification Based on Inadequate Representation
By: Jessica Kaufman and Adam J. Hunt
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation. In
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April 01, 2021 - Coronavirus (COVID-19), Paid Sick Leave, Legislation
California Expands Coverage for COVID-19 Supplemental Paid Sick Leave
By: Andrew R. Turnbull
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
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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.
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January 27, 2021 - Announcements, Coronavirus (COVID-19)
Podcast: COVID-19 Vaccines in the Workplace
By: Michael Ward Ph.D.
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 co-chair of
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January 13, 2021 - Legislation
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung 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
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