<p>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. <em>MoFo ELC</em> 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.</p><h2>ABOUT MORRISON FOERSTER</h2><p>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. <span>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 <em>The American Lawyer</em>’s A-List</span>. Year after year, the firm receives significant recognition from<span> </span><em>Chambers</em><span> </span>and<span> </span><em>The Legal 500</em><span> </span>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.</p>

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<p>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:</p><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><p>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.</p><p>Andrew routinely develops practical, proactive strategies to help employers minimize risk on various human resource matters. Andrew regularly advises clients on:</p><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><p>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.</p><p>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.</p><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><p>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.</p><p dir="ltr"><span dir="ltr">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.</span></p><h4>Rankings</h4><ul><li>Recommended for Government Contracts – <em>Legal 500 US</em> 2019 </li></ul>

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Co-Chair, Global Employment and Labor Practice

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<p>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.</p>

Andrew Turnbull

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

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Cleaning the Workplace in Anticipation of Reopening—And Keeping it Clean!

Cleaning the Workplace in Anticipation of Reopening—And Keeping it Clean! | Employment Law Commentary

Cleaning the Workplace in Anticipation of Reopening—And Keeping it Clean! | MoFo ELC | Latest Employment Law Developments and Commentary

<p>We have waited for weeks that seemed like years for the government to allow us to reopen our businesses and schools; and, now that the big day is just around the corner, we must have plans in place to protect our employees and customers or clients (and ourselves as well). The Centers for Disease Control (CDC) has anticipated this day and, on April 28, published its reopening guidance for cleaning and disinfecting public spaces, workplaces, businesses, schools, and homes. There are three elements for employers (and everyone else), all designed to reduce the risk of exposure to COVID-19:</p><h3 style="text-align: center;">Develop a plan</h3><h3 style="text-align: center;">Implement that plan</h3><h3 style="text-align: center;">Maintain and revise that plan as needed</h3><p>Here are the highlights of the CDC’s recommendations for each of these categories:</p><h3>DEVELOP YOUR PLAN</h3><p style="text-align: left;">Depending on the size of your organization, you may want to appoint a small committee and divide physical areas or groups of employees into to sub-groups with different needs. For your business as a whole and for each group, the plan should include:</p><ol><li>Determine what needs to be cleaned. If the area is outdoors, disinfection is not generally required, although some frequently touched outdoor items will need to be disinfected. If the premises have not been occupied for seven days or more, normal cleaning will suffice. If the entire building has been closed for a substantial period of time, the water system should be checked.</li><li>Determine what needs to be disinfected. Frequently touched hard surfaces should be routinely disinfected (e.g., tables, doorknobs, light switches, handles, desk, keyboard, toilets, faucets, and sinks).</li><li>Soft and porous items are more difficult to disinfect, and those items should be stored if possible. If they are necessary for your business, they should be cleaned or laundered following the manufacturer’s directions.</li><li>For items that must be cleaned and disinfected, clean first (with soap and water), then disinfect with an EPA-approved disinfectant (basically, one-third cup bleach to one gallon of water).</li><li>Identify the employees who will be responsible for moving items that are to be stored and those responsible for washing and disinfecting. Don’t hoard but do make sure you have sufficient soap and disinfectants on hand: and, to the extent potent disinfectants will be used, be sure you have the appropriate masks on hand. (Depending on local guidelines for reopening, <em>all</em> employees may be wearing masks anyways and, when necessary, gloves. See <a href="https://elc.mofo.com/topics/covid-should-employers-require-employees-to-wear-facemasks.html" target="_blank">our recent ELC blog post</a> for more information about masks in the workplace.). For details about the safety of your custodial staff, see https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html.  </li><li>To safely reopen your business, you must be sure your employees maintain safe behavioral practices (e.g., social distancing, frequent hand washing, wearing masks and gloves, staying home when sick).</li><li>Adopt practices that reduce the possibility of exposure. Encourage employees to disinfect hard surfaces before and after they use them (copy machines, printers, keyboard). Reduce the use of porous products.</li></ol><h3>IMPLEMENT YOUR PLAN</h3><p>The person (or group of people) supervising your plan should read all manufacturers’ instructions for the cleaning and disinfection products you will be using (and, if you have them, the cleaning instructions that came with your furniture and equipment). The next step is obvious: put on your masks and gloves, and start cleaning.</p><h3>MAINTAIN AND REVISE YOUR PLAN</h3><p style="text-align: left;">If it becomes apparent that a cleaning procedure used for certain items is not working, change the procedure. Remember, the goal is to reduce the risk of exposure to the virus. If the CDC or other governmental entity publishes revised procedures, update your plan as necessary.</p><p>This CDC guidance on cleaning and disinfecting is only the beginning of the guidance on reopening. On April 30, 2020, CNN reported that the CDC “<a target="_blank" href="http://cdn.cnn.com/cnn/2020/images/04/30/reopening.guidelines.pdf">drafted a 17-page document</a> that details interim guidance on how businesses, schools, churches, mass transit, and other organizations should handle safely reopening to the public amid the coronavirus pandemic.”<a href="file:///C:/Users/btk1/AppData/Roaming/OpenText/DM/Temp/SAN_FRANCISCO-%234235209-v2-Reopening_guidelines.docx#_edn1">[i]</a> The document, which lays out a three phase plan for reopening, reportedly remains under review by the Trump Administration.<a href="file:///C:/Users/btk1/AppData/Roaming/OpenText/DM/Temp/SAN_FRANCISCO-%234235209-v2-Reopening_guidelines.docx#_edn2">[ii]</a> Although the rules for reopening will vary by state and even county, many of the country’s governors and state and local public health officials will no doubt look to the CDC guidance when crafting reopening rules for employers. We are monitoring developments and will report further when the draft guidance is finalized.</p><p><a href="file:///C:/Users/btk1/AppData/Roaming/OpenText/DM/Temp/SAN_FRANCISCO-%234235209-v2-Reopening_guidelines.docx#_ednref1">[i]</a> “<a href="https://www.cnn.com/2020/04/30/health/coronavirus-usa-cdc-reopening-bn-wellness/index.html" target="_blank">CDC's draft guidance for reopening amid coronavirus includes spaced-out seating in schools, disposable menus in restaurants</a>,” CNN, 4/30/20</p><p><a href="file:///C:/Users/btk1/AppData/Roaming/OpenText/DM/Temp/SAN_FRANCISCO-%234235209-v2-Reopening_guidelines.docx#_ednref2">[ii]</a> Id.</p>

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