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(We Can’t Have No) Retaliation: Part One—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes-Oxley
On February 8, 2024, the U.S. Supreme Court reversed a federal court of appeals decision, resolving a relatively recent federal appeals court split regarding the standard for liability in Sarbanes-Oxley whistleblower claims. In 2022, the U.S. Court o...
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U.S. Department of Labor Issues Final Rule Defining “Independent Contractor” for Fair Labor Standards Act
Rescinding a prior 2021 rule, the U.S. Department of Labor has now issued a long-anticipated rule redefining “independent contractor” for purposes of the Department’s interpretation of the Fair Labor Standards Act (FLSA). The FLSA mandates minimum wa...
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White Collar Salaries May Heat up as the Weather Cools Down—Department of Labor Issues Notice of Rulemaking Aimed At Raising Salary Thresholds
On August 30, the Department of Labor issued a proposed rulemaking aimed at extending overtime protections by raising the minimum salary threshold for “white-collar” exemptions to $1,059 per week (or $55,068 per year). White collar salaried employees...
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Supreme Court Rules Website Designer’s Right to Free Expression Outweighs Duty Not to Discriminate in Providing Certain “Expressive” Goods and Services
Digesting the multiple decisions
from the U.S. Supreme Court is going to take time and Miller Nash’s labor & employment team will provide more substantial insight in due course. In the meantime, however, we wanted to provide some initial impressions...
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Supreme Court Decision “Clarifying” Religious Accommodation Obligation Is Anything but De Minimis
Last year, the Supreme Court closed out its term with a major case concerning employee religious rights in Kennedy v. Bremerton School District. The Supreme Court has done the same again this year. While the Court’s decision concerning college admiss...
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Not Perfect Harmony: Blasting Music with Derogatory Terms May Create a Hostile Workplace
Employers who allow music in the workplace should pay attention to lyrics and content. The Ninth Circuit Court of Appeals recently held that music with sexually derogatory and violent content played in the workplace can create a hostile environment i...
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