Author Info for MoFo Employment Law Commentary (ELC)

Lloyd Aubry Jr.

Another Round Of New California Employment Laws

With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers,…more

ABC Test, Cal-OSHA, California, California Family Rights Act (CFRA), Coronavirus/COVID-19

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Allyson Bach

California Expands Coverage For COVID-19 Supplemental Paid Sick Leave

On March 19, 2021, California Governor Gavin Newson signed Senate Bill 95, requiring California employers with more than 25 employees to provide their employees with Supplemental Paid Sick Leave (SPSL) for various COVID-related…more

Caregivers, Child Care, Coronavirus/COVID-19, Documentation, Full-Time Employees

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Andrenna Hidalgo Berggren

Department Of Labor (“DOL”) Extends Comment Period Deadline For Proposed New Independent Contactor Test

Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards Act…more

ABC Test, Comment Period, Department of Labor (DOL), Employee Definition, Employer Liability Issues

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Adam Brauner

Employers Get Temporary Relief From The California Warn Act

In response to the ongoing disruption caused by the growing coronavirus pandemic, California Governor Gavin Newsom issued Executive Order N-31-20 (the “Executive Order”) temporarily suspending the 60-day notice requirements and…more

Cal-WARN, Coronavirus/COVID-19, Executive Orders, Governor Newsom, Layoffs

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Oswald Cousins

CARES ACT – What Employers Should Know (Part II): Unemployment Insurance Benefits

As businesses and employers parse the 880-page Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which President Trump signed into law on March 27, 2020, we offer this analysis of the unemployment…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Relief Measures, Unemployment Benefits

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Christin Dunkel

Collective Redundancies In Europe

One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,…more

Acquisitions, Collective Redundancies Directive, EU, European Court of Justice (ECJ), Germany

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Eric Gebert

The District Of Columbia Joins Jurisdictions Banning Non-Competes

On January 11, 2021, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (“the Act”), effectively eliminating non-competes in Washington, D.C., except under very limited…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants, Retaliation

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Maya Harel

Per The California Supreme Court: PAGA Claims May Not Be Stricken On Manageability Grounds

The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act…more

CA Supreme Court, Employment Litigation, Private Attorneys General Act (PAGA), Wage and Hour

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Jinny Hwang

The California Supreme Court Clarifies PAGA Standing

On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private…more

Arbitration Agreements, CA Supreme Court, Class Action, Federal Arbitration Act, Independent Contractors

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Hanna Jolkovsky

Cruising Down A Post-Viking River: A Look At Litigation Trends In The Nine Months Since The U.S. Supreme Court’s Decision In Viking River

The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, 142 S. Ct. 1906 (2022), in June 2022 delivered a victory for California employers facing claims brought pursuant to the Labor Code Private Attorneys General…more

Arbitration, Arbitration Agreements, Corporate Counsel, Federal Arbitration Act, Private Attorneys General Act (PAGA)

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Lara King

Collective Redundancies In Europe

One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,…more

Acquisitions, Collective Redundancies Directive, EU, European Court of Justice (ECJ), Germany

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Matthew Ladew

Federal Court Preliminarily Enjoins the Attorney General from Enforcing AB 51, the New California Law Barring Mandatory Employment Arbitration Agreements

A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary…more

Arbitration Agreements, Employer Liability Issues, Employment Contract, Federal Arbitration Act, Mandatory Arbitration Clauses

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Lauren Renee Leibovitch

California Supreme Court Poised To Address The Issue Of PAGA Standing Post-Viking River

As we previously reported, the United States Supreme Court in Viking River Cruises, Inc. v. Moriana, (2022) 142 S. Ct. 1906, delivered a victory for California employers. The high court held that employers can compel arbitration…more

Arbitration, Arbitration Agreements, CA Supreme Court, Private Attorneys General Act (PAGA), Viking River Cruises Inc v Moriana

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Christine Lyon

EEOC Issues Updated Guidance For Employers On COVID-19

In a welcome development for U.S. employers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated announcement and updated guidance for employers about what they can and cannot ask their employees as…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Medical Records, Medical Testing

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Matt Malone

Protecting Pride: Supreme Court Holds Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And Gender Identity

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…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Gender Identity

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Taj Moore

EEOC Issues Updated Guidance For Employers On COVID-19

In a welcome development for U.S. employers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated announcement and updated guidance for employers about what they can and cannot ask their employees as…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Medical Records, Medical Testing

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Tritia Murata

The California Supreme Court Clarifies PAGA Standing

On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private…more

Arbitration Agreements, CA Supreme Court, Class Action, Federal Arbitration Act, Independent Contractors

See all updates »

David Papas

Minnesota Passes Near Total Ban Of Non-Compete Agreements

On May 16, 2023, the Minnesota legislature passed SF 3035 (the “Bill”), banning nearly all post-termination non-compete agreements with employees and independent contractors. Although the Bill marks another state in the trend of…more

Confidential Information, Governor Walz, Independent Contractors, Non-Compete Agreements, Post-Termination Acts

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Kwan Park

Another Round Of New California Employment Laws

With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers,…more

ABC Test, Cal-OSHA, California, California Family Rights Act (CFRA), Coronavirus/COVID-19

See all updates »

Niles Pierson

EEOC Issues Updated Guidance For Employers On COVID-19

In a welcome development for U.S. employers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated announcement and updated guidance for employers about what they can and cannot ask their employees as…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Medical Records, Medical Testing

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Monica Rodriguez

UNPACKING THE NEW OSHA ETS FOR COVID-19 VACCINES AND TESTING

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standards for COVID-19 (the “ETS”) along with a landing page on its website with various…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Covered Employees, Covered Employer, Documentation

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Janie Schulman

Virginia Becomes The First State To Adopt COVID-19 Workplace Safety Mandates

On July 15, 2020, the Virginia Department of Labor and Industry (DOLI) Safety and Health Codes Board voted 9-2 to approve the nation’s first emergency workplace regulation related to COVID-19. The new regulation was issued in…more

AFL-CIO, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Governor Northam

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Michael Schulman

Department Of Labor (“DOL”) Extends Comment Period Deadline For Proposed New Independent Contactor Test

Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards Act…more

ABC Test, Comment Period, Department of Labor (DOL), Employee Definition, Employer Liability Issues

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Amber Shubin

Virginia Becomes The First State To Adopt COVID-19 Workplace Safety Mandates

On July 15, 2020, the Virginia Department of Labor and Industry (DOLI) Safety and Health Codes Board voted 9-2 to approve the nation’s first emergency workplace regulation related to COVID-19. The new regulation was issued in…more

AFL-CIO, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Governor Northam

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James Sigel

Federal Court Preliminarily Enjoins the Attorney General from Enforcing AB 51, the New California Law Barring Mandatory Employment Arbitration Agreements

A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary…more

Arbitration Agreements, Employer Liability Issues, Employment Contract, Federal Arbitration Act, Mandatory Arbitration Clauses

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Prabhjyot Singh

Employer Take Home Test: California Supreme Court To Consider Employer Liability For So-Called Take Home COVID-19

COVID-19-related litigation remains on the frontline as the California Supreme Court agreed to decide, in Corby Kuciemba et al. v. Victory Woodworks Inc., case number S274191, whether employers may be liable for COVID-19…more

CA Supreme Court, Coronavirus/COVID-19, Employer Liability Issues, Negligence, Virus Testing

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Cooper Spinelli

Non-Compete Q1 2024 Round Up - FTC, California, And New York

While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret…more

California, Corporate Counsel, Federal Trade Commission (FTC), Memorandum of Understanding, New York

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Oliver Spratt

Collective Redundancies In Europe

One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,…more

Acquisitions, Collective Redundancies Directive, EU, European Court of Justice (ECJ), Germany

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Eric Akira Tate

Non-Compete Q1 2024 Round Up - FTC, California, And New York

While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret…more

California, Corporate Counsel, Federal Trade Commission (FTC), Memorandum of Understanding, New York

See all updates »

Nancy Thomas

Cruising Down A Post-Viking River: A Look At Litigation Trends In The Nine Months Since The U.S. Supreme Court’s Decision In Viking River

The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, 142 S. Ct. 1906 (2022), in June 2022 delivered a victory for California employers facing claims brought pursuant to the Labor Code Private Attorneys General…more

Arbitration, Arbitration Agreements, Corporate Counsel, Federal Arbitration Act, Private Attorneys General Act (PAGA)

See all updates »

Hanno Timner

Collective Redundancies In Europe

One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,…more

Acquisitions, Collective Redundancies Directive, EU, European Court of Justice (ECJ), Germany

See all updates »

Andrew Turnbull

Minnesota Passes Near Total Ban Of Non-Compete Agreements

On May 16, 2023, the Minnesota legislature passed SF 3035 (the “Bill”), banning nearly all post-termination non-compete agreements with employees and independent contractors. Although the Bill marks another state in the trend of…more

Confidential Information, Governor Walz, Independent Contractors, Non-Compete Agreements, Post-Termination Acts

See all updates »

Neil Tyler

Practical Considerations For Requiring Employees To Report To Work In Light Of COVID-19 Stay-At-Home Orders

As the number of reported cases of COVID-19 continues to increase dramatically, several states, including California, Connecticut, Illinois, Massachusetts, Maryland, New York, New Jersey, Ohio, and Louisiana, have issued public…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Defense Production Act, Employer Liability Issues, Families First Coronavirus Response Act (FFCRA)

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Miriam Vogel

Cleaning The Workplace In Anticipation Of Reopening—And Keeping It Clean!

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…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, OSHA, Public Health

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Olivia Wada

Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements

A split panel of the Ninth Circuit vacated in part a preliminary injunction barring enforcement of AB 51, the California law banning mandatory employment arbitration agreements. But the Ninth Circuit found that the penalties…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Federal Arbitration Act

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Caleb Woods

Non-Compete Q1 2024 Round Up - FTC, California, And New York

While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret…more

California, Corporate Counsel, Federal Trade Commission (FTC), Memorandum of Understanding, New York

See all updates »

David Zins

Per The California Supreme Court: PAGA Claims May Not Be Stricken On Manageability Grounds

The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act…more

CA Supreme Court, Employment Litigation, Private Attorneys General Act (PAGA), Wage and Hour

See all updates »

MoFo Employment Law Commentary (ELC)

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