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Employment Law in Motion

A legal blog for employers

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The NLRB Reawakened: Part One—New Obstacles to Settlement of Unfair Labor Practices
This is the first in a series of blog posts discussing the recently issued memos that guide the National Labor Relations Board’s administration of the National Labor Relations Act (NLRA). Each post in the series will include our notable takeaways for...
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Off the Clock in Oregon but Maybe on the Hook
Despite Hollywood’s most recent high-profile case with Amber Heard and Johnny Depp, defamation cases are notoriously difficult to win and often susceptible to pretrial dismissal. Yet, a recent Oregon Supreme Court case—Lowell v. Wright—should have pr...
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Washington Employers Should Prepare for Historically High Increases in the Minimum Wage and Exempt Salary Requirements
As all Washington employers know, Washington employees who are nonexempt (e.g., not salaried) must be paid an hourly minimum wage. Additionally, Washington establishes minimum salaries for exempt (i.e., salaried) employees, which tracks the minimum w...
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Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace
The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school district fortifies an ongoing...
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Use it or Lose it: SCOTUS Eases Arbitration Waiver Analysis in Most Circuits, States
Many contracts these days, including employment contracts, have provisions requiring that disputes be arbitrated rather than filed in a court. Nevertheless, a party to such an agreement will often file a lawsuit in court, and the other party has to f...
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Accommodating Religious Beliefs in a ‘Post-pandemic’ Workplace
It should be no surprise that the novel coronavirus disease (COVID-19) pandemic has had a tremendous impact on today’s employees’ thoughts on life, work, and workplace rules. A recent Harvard Business Review article describes one question that employ...
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