NLRB Limits Use of Non-Disparagement and Confidentiality Provisions
- In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the National Labor Relations Act (“NLRA”) if those provisions have “a reasonable tendency” to... ›
OFCCP Releases New Audit List for 2023
By: Andrew R. Turnbull and Sadé V. Tidwell
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters that OFCCP sends to federal contractors and subcontractors... ›Webinar: Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042
Please join us on October 14, 2021, as we discuss the latest developments on Biden's Executive Order 14042 in our upcoming webinar, "Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042," from 1:00 p.m. - 2:30 p.m. EDT. On September 24, 2021, the... ›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... ›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... ›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... ›Protecting Pride: Supreme Court Holds Title VII Prohibits Workplace Discrimination on the Basis of Sexual Orientation and Gender Identity
By: Andrew R. Turnbull
In the midst of Pride month, the Supreme Court of the United States has issued a landmark civil rights decision, holding that Title VII prohibits employers from discriminating on the basis of sexual orientation and gender identity. Writing for a six-Justice majority in Bostock... ›MoFo Webinar: Employment Traps in the Digital Age: Trade Secret (Including Restrictive Covenant) and Privacy Issues Abound
By: Eric Akira Tate and Mary Race
Trade secrets and personal information are key assets for most employers. Join us for a webinar to discuss recent developments affecting the protection of trade secrets in California (including restrictive covenants) and the handling of personal information. Topics will include: How do recent Defend... ›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.... ›