SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs
- As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended affirmative action for college admissions by effectively overruling the Court’s longstanding... ›
President Biden Revokes Federal Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Roke Iko
On May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive Order 14043). The decision marks a significant shift in the administration’s earlier stance... ›NLRB GC Takes Broad View of the McLaren Macomb Decision
By: Andrew R. Turnbull and Kwan Park
The General Counsel for the National Labor Relations Board (the “NLRB”) recently issued Memorandum GC 23-05 (the “Memorandum”), expansively interpreting the reach of the McLaren Macomb (“ McLaren ”) decision and raising more questions about how companies can lawfully use non-disparagement and confidentiality clauses... ›NLRB Limits Use of Non-Disparagement and Confidentiality Provisions
By: Andrew R. Turnbull and Kwan Park
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 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... ›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... ›