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.

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
... ›
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
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: Lloyd Aubry, 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
By: Michelle Sosa-Acosta
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 the U.S.
... ›
September 17, 2020 - OFCCP
OFCCP Seeks Comments on Annual AAP Certification Proposal
By: Andrew R. Turnbull and Victoria Dalcourt Angle
Government contractors may soon be required to certify annually that they have affirmative action programs (“AAP”) in place for their U.S. workforce. On September 14, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a notice seeking comments for its proposal to the
... ›
September 14, 2020 - Coronavirus (COVID-19)
OFCCP Issues New List of Advance Audit Notices
By: Andrew R. Turnbull
On September 11, 2020, the Office of Federal Contract Compliance Programs (OFCCP) released a list of nearly 900 federal supply and service contractors and subcontractors that it will be sending Corporate Scheduling Announcement Letters (CSALs) to for potential audits of over 2,200 contractor establishments.
... ›
August 12, 2020 - Coronavirus (COVID-19), Legislation
The SAFE TO WORK Act: An In-Depth Guide for Employers to the Senate's Proposed Coronavirus Liability Shield
On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations over the competing bills, employers should nonetheless take
... ›
August 07, 2020 - Non-Compete, Legislation, Trade Secrets
California Supreme Court Clarifies Standards for B2B Non-Competition Agreements and Disputes in California
By: Eric Akira Tate
This week, on August 3, 2020, the California Supreme Court issued its opinion in Ixchel Pharma, LLC v. Biogen, Inc. , which resolved two questions regarding the standards to be applied for non-competition agreements and disputes between businesses in California. The first was whether
... ›