<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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On March 17, 2020, the Office of Federal Contract Compliance Programs (“OFCCP” or the “Agency”) issued a National Interest Exemption memorandum providing a limi

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OFCCP Issues National Interest Exemption for New Coronavirus Relief Contracts

OFCCP Issues National Interest Exemption for New Coronavirus Relief Contracts | Employment Law Commentary

OFCCP Issues National Interest Exemption for New Coronavirus Relief Contracts | MoFo ELC | Latest Employment Law Developments and Commentary

Andrew R. Turnbull

Victoria Dalcourt Angle

<p>On March 17, 2020, the Office of Federal Contract Compliance Programs (“OFCCP” or the “Agency”) issued a <a href="https://www.dol.gov/sites/dolgov/files/OFCCP/National-Interest-Exemption-Memo-Coronavirus-Relief-Efforts.pdf">National Interest Exemption memorandum</a> providing a limited, three-month exemption to new supply and service and construction contracts entered into specifically to provide Coronavirus relief.  The exemption waives some of the affirmative action requirements typically included in government contracts.</p><p>Read more on the <a href="https://govcon.mofo.com/labor-employment/ofccp-issues-national-interest-exemption-for-new-coronavirus-relief-contracts/">Government Contracts Insights</a> blog.</p><p><em>Morrison & Foerster associate Victoria Dalcourt Angle contributed to the writing of this post.</em></p><div id="content" class="columns large-8 medium-8" style="box-sizing: inherit;margin-top: 0px;margin-right: 0px;margin-bottom: 0px;margin-left: 0px;padding-top: 0px;padding-right: 3em;padding-bottom: 0px;padding-left: 0.9375em;width: 714.656px;float: left;position: relative;border-right-width: 1px;border-right-style: solid;border-right-color: rgb(170, 170, 170);color: rgb(77, 77, 79);font-family: Georgia, Times, "Times New Roman", serif;font-size: 16px;text-align: left;"><div class="entry-content" style="box-sizing: inherit;margin-top: 0px;margin-right: 0px;margin-bottom: 0px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;"><div></div></div><div class="entry-meta-footer" style="box-sizing: inherit;margin-top: 0px;margin-right: 0px;margin-bottom: 0px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;"></div></div><div id="secondary" class="data-equalizer-watch widget-area columns large-4 medium-4" style="box-sizing: inherit;margin-top: 0px;margin-right: 0px;margin-bottom: 0px;margin-left: 0px;padding-top: 0px;padding-right: 0.9375em;padding-bottom: 0px;padding-left: 3em;width: 357.328px;float: right;position: relative;color: rgb(77, 77, 79);font-family: Georgia, Times, "Times New Roman", serif;font-size: 16px;text-align: right;"></div>

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