Businesses are constantly challenged by the ever-evolving landscape of labor and employment law, with new legislation and judicial developments occurring almost daily fueling a seemingly never-ending stream of litigation. For companies operating in multiple states, complying with this patchwork of federal, state, and local laws and developments can be daunting. Knowing these issues are a top concern for management and in-house counsel, Morrison Foerster keeps pace with this rapidly evolving landscape. 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.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Andrew co-chairs the firm’s Global Employment and Labor Group. He represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, such as:<ul><li>OFCCP compliance</li><li>Creating and implementing affirmative action plans</li><li>Defending OFCCP audits and onsite investigations</li><li>Conducting mock pay equity audits</li><li>Drafting and developing business ethics policies and programs</li><li>Complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act</li></ul>He is also well-versed in defending clients against claims alleging trade secret misappropriation, breach of post-employment restrictions, wage-and-hour violations, discrimination, and retaliation.Andrew routinely develops practical, proactive strategies to help employers minimize risk on various human resource matters. Andrew regularly advises clients on:<ul><li>EEO and diversity</li><li>Wage-and-hour</li><li>High-stakes employee terminations</li><li>Executive disputes</li><li>Reductions in force</li><li>Leaves of absence</li><li>Accommodations</li><li>Pay equity</li><li>Employee selection processes</li><li>Employment testing</li><li>Contingent workers </li><li>Policy development and application</li></ul>In addition, Andrew advises on a wide range of employment transactional matters, such as drafting and negotiating executive employment agreements and separations, overseeing internal investigations and audits of employment issues, and conducting employment diligence on mergers, acquisitions, and other corporate transactions.He has significant experience advising technology and other companies on protecting against the loss of trade secrets, proprietary information, and current and prospective clients. Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.<h4>Federal Contractor Experience</h4><ul><li>Defended numerous OFCCP audits, including closing audits with a finding of no violations against a major accounting firm, a language learning software provider, and a technology consulting company</li><li>Obtained complete dismissal of a significant OFCCP complaint against a large aerospace and space transport company</li><li>Performed mock SCA audits for various contractors</li><li>Led labor and employment diligence for $1 billion acquisition of international security firm</li><li>Developed and overhauled numerous affirmative action plans and EEO training programs</li><li>Analyzed subcontractor status for numerous companies to determine OFCCP coverage, including for a large semiconductor manufacturer</li><li>Conducted E-Verify and I-9 audit for a national dispute consulting contractor</li><li>Performed “single entity” analysis for one of the largest mutual life insurance companies</li><li>Conducted pay equity audits for contractors, including for a software and consulting company</li><li>Obtained DOL approval under the SCA for self-funded fringe benefit program of an aviation and space contractor</li><li>Advised a multinational package delivery company on establishing program to conduct denied party screening under lists maintained by OFAC and BIS while minimizing risk of discrimination claims and compliance with background check laws</li><li>Advised a global coffee and coffeehouse chain on establishing hiring processes to avoid discrimination claims while complying with ITAR/EAR</li><li>Developed business ethics policies and programs for a large pharmaceutical manufacturer</li></ul><h4>Other Representative Experience</h4><ul><li>Defended education association against claims by former employers of two executives alleging breach of restrictive covenants and theft of trade secrets and confidential information</li><li>Obtained preliminary injunction enforcing a noncompetition agreement and other restrictive covenants against a former senior sales executive of a technology firm</li><li>Led internal investigation of sexual harassment claims against COO of a public real estate firm</li><li>Advised a global food manufacturer in avoiding litigation while terminating employee threatening whistleblower claims based on employer’s confidential information</li><li>Defended former senior executives of a global manufacturer of performance fabrics against allegations of misappropriation of trade secrets and breach of noncompetition agreements</li><li>Advised an entrepreneur in creating startup while minimizing risk of his former employer pursuing enforcement of restrictive covenants </li><li>Assisted a property management firm in navigating internal investigation of whistleblower claims related to alleged fraud, ethics violations, and sexual harassment by senior executive</li><li>Won motion for reconsideration convincing court to grant summary judgment in gender discrimination and retaliation case against a large DC employer </li><li>Obtained terminating sanctions and attorneys’ fees and costs for discovery violations in a discrimination suit against a large utility provider </li><li>Obtained favorable arbitration decision for a software company in claims by former executive alleging breach of his employment agreement</li><li>Advised a company board in navigating termination of CEO and successfully defended CEO’s breach of contract and wage claims</li><li>Defended numerous EEOC charges, including against a national event planner, a multinational professional services company, and an operator of research and development centers for the government</li><li>Defended and settled over 30 unfair labor practice charges against a national call center operator</li><li>Negotiated new collective bargaining agreements with four separate unions in bankruptcy of an international maritime shipping company</li><li>Awarded pro bono achievement award for defending a non profit in litigation and several administrative audits before the EEOC and state agencies related to a former employee’s whistleblower and discrimination claims, including defending multiple onsite investigations</li><li>Oversaw validation of pre-employment tests for a national food service distributor</li></ul>Prior to joining MoFo, Andrew was a human resources manager for an Inc. 500 company, ranked as one of the fastest-growing private companies in the United States.Andrew is a member of the steering committee and actively involved in the Washington Metro Industry Liaison Group. He is also a member of the firm’s global Environmental, Social, and Governance (ESG) steering committee.<h4>Rankings</h4><ul><li>Recommended for Government Contracts – Legal 500 US 2019 </li></ul>

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Co-Chair, Global Employment and Labor Practice

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Andrew Turnbull represents companies on a broad range of labor and employment litigation and counseling matters. He has successfully defended clients in complex employment litigation before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, including advising on all aspects of OFCCP compliance, creating and implementing affirmative action plans, defending OFCCP audits and onsite investigations, conducting mock pay equity audits, drafting and developing business ethics policies and programs, and complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act.

Andrew Turnbull

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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 <a href="https://www.mofo.com/capabilities/employment-labor" target="_blank">Employment + Labor</a> practice page and read about our <a href="https://www.mofo.com/people?practices=Employment%20%2B%20Labor" target="_blank">Team</a>.

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In the wee hours of Saturday, March 14, 2020, the House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act, three days after its i

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After Striking Deal with the President, the House of Representatives Passes Federal Relief Bill, the Families First Coronavirus Response Act

After Striking Deal with the President, the House of Representatives Passes Federal Relief Bill, the Families First Coronavirus Response Act | Employment Law Commentary

After Striking Deal with the President, the House of Representatives Passes Federal Relief Bill, the Families First Coronavirus Response Act | MoFo ELC | Latest Employment Law Developments and Commentary

In the wee hours of Saturday, March 14, 2020, the House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act, three days after its introduction. Of primary interest to employers, if enacted, the bill would expand the Family and Medical Leave Act (FMLA) to include emergency FMLA leave to employers with 1 to 500 employees. The bill would also create emergency paid sick leave, provide tax credits to employers to finance these benefits, and provide additional federal funding to the states for unemployment insurance benefits. To become law, the House bill must also pass the Senate and be signed by the president. Although the White House worked with the House on the final version of the bill and President Trump has endorsed its enactment, as of Monday morning, March 16, the Senate had not yet scheduled a time to take up the bill. The final version of the bill – introduced just one half-hour before its passage – does not include the payroll tax suspension that the president wanted. The Democrats also did not get all that they wanted in the bill; it omits the permanent paid sick leave mandate for public health emergencies that was contained in the original version and, instead, provides paid sick leave only for the current COVID-19 pandemic.Although the bill includes relief beyond employment issues, here, we analyze only the employment-related provisions.Division C – Emergency Family and Medical Leave Expansion Act This act would amend the FMLA as follows:<ul><li>Employees would be entitled to 12 weeks of leave for “a qualifying need related to a public health emergency.” The provision expires on December 31, 2020.</li><li>Paid sick leave may be provided for certain periods of leave related to a qualifying need related to a public health emergency. (See discussion of paid sick leave below.)</li><li>To be eligible for this public health emergency leave, employees would have to have been employed for at least 30 calendar days.</li><li>The employer size threshold public health emergency leave would be “fewer than 500 employees” rather than “50 or more employees” applicable for all other FMLA leaves.</li><li>“Qualifying need related to a public health emergency” is defined as: <ul><li>Complying with a recommendation or order of a public official or healthcare provider on the basis that: <ul><li>The physical presence of the employee on the job would jeopardize the health of others because of either exposure to the Coronavirus or exhibition of symptoms of Coronavirus by the employee; or</li><li>The employee is unable to both perform the functions of his or her position and comply with the applicable recommendation or order.</li></ul></li><li>To care for a family member where a public official or healthcare provider determine that the presence of that family member would jeopardize the health of other individuals in the community because of either exposure to the Coronavirus or exhibition of symptoms of Coronavirus; or</li><li>To care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the childcare provider of such son or daughter is unable to care for the child due to a public health emergency.</li></ul></li><li>A public health emergency is an emergency with respect to Coronavirus declared by the federal, state, or local authority.</li><li>Relationship to paid leave: <ul><li>The first 14 days of leave may consist of unpaid leave.</li><li>Employees may substitute other leave for unpaid leave.</li><li>Employers shall provide paid leave for each day of leave related to coronavirus after the initial 14 days of leave.</li><li>Paid leave is equal to 2/3 of the regular rate of pay for the number of hours usually worked. </li></ul></li></ul>Division E – Emergency Paid Sick Leave Act<ul><li>This act would require employers to provide paid sick leave for: <ul><li>Self-isolation due to diagnosis of Coronavirus;</li><li>To obtain a medical diagnosis or care if the employee is experiencing the symptoms of Coronavirus;</li><li>To comply with a recommendation or order by a public official or a healthcare provider on the basis that the physical presence of the employee on the job would jeopardize the health of others because of: <ul><li>Exposure of the employee to Coronavirus; or</li><li>Exhibition of symptoms of Coronavirus by the employee</li></ul></li><li>To care for or assist a family member of the employee: <ul><li>Who is self-isolating because the family member has been diagnosed with Coronavirus;</li><li>Who is experiencing symptoms of Coronavirus and needs to obtain medical diagnosis or care; or</li><li>With respect to whom a public official or healthcare provider makes a determination that the presence of the family member in the community would jeopardize the health of other individuals in the community because of: <ul><li>Exposure of the family member to the Coronavirus; or</li><li>Exhibition of symptoms of Coronavirus by such family member: or</li></ul></li></ul></li><li>To care for the child of the employee if the school or place of care has been closed, or the childcare provider is unavailable, due to Coronavirus. </li></ul></li><li>Duration of paid sick leave: <ul><li>Full time employees – 80 hours.</li><li>Part-time employees – number of hours equal to the number of hours that the employee works, on average, over a 2-week period.</li></ul></li><li>No carryover from year to year.</li><li>Employers with existing paid sick leave policies: <ul><li>Paid sick leave under this act would be in addition to previously available sick leave.</li><li>Employers may not change their sick leave policies to avoid providing this additional sick leave.</li></ul></li><li>Use of paid sick leave must be available immediately for any of the reasons described above, regardless of how long the employee has been employed by the employer.</li><li>Employers may not require employees to use other paid leave provided by the employer before using paid sick leave.</li><li>Employers must post a notice of this act.</li><li>This act expires on December 31, 2020.</li><li>Covered employers are those employing fewer than 500 employees (for private entities or individuals) and those employing 1 or more employees (for public agencies or any other entities that are not private).</li><li>Required compensation: <ul><li>Except for when taking care of a family member or child (where the employee shall be compensated at 2/3 of the employee’s regular rate of pay), the employee shall receive his or her regular rate of pay or minimum wage (whichever is greater).</li></ul></li></ul>Additional Provisions<ul><li>If enacted, the bill would provide financial assistance to employers to pay for these new benefits. Specifically, Division G of the bill provides tax credits to employers for the paid sick and paid family and medical leave created by the bill.</li><li>The bill would provide $1 billion in 2020 for emergency grants to states for activities related to processing and paying unemployment insurance benefits, interest free loans to states to pay regular unemployment insurance benefits, and technical guidance to states that would set up work-sharing programs, in which employers reduce hours instead of laying off employees. Employees would receive partial unemployment benefits to offset the wage loss. Finally, the bill would provide for 100% funding of extended unemployment benefits to states with higher than normal rates of unemployment. </li></ul>

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