Employment Law in Motion
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Ninth Circuit Again Affirms Employer’s Religious Freedom Rights
Last month, the Ninth Circuit Court of Appeals furthered a trend of ruling favorably for religious organization employers in Union Gospel Mission of Yakima v. Brown. In a case specific to Washington, the Ninth Circuit interpreted how the Washington L...
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Ninth Circuit Clarifies FLSA Retaliation Liability in Hollis v. R&R Restaurants, Inc.
Dec 05, 2025
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The Ninth Circuit recently issued an important decision in Hollis v. R&R Restaurants, Inc., clarifying the reach of the Fair Labor Standards Act’s (FLSA) anti-retaliation protections. The ruling broadens potential liability for employers—and individu...
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Caution Advised: GenAI Bias During the Hiring Process
As employers of all types, public and private, begin incorporating Generative Artificial Intelligence (GenAI) into their regular workplace practices, a growing number of studies and lawsuits are addressing the issue of GenAI bias, including in hiring...
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California Supreme Court Holds Single Allegation of Racial Slur by Coworker Sufficient to Form Basis of Hostile Work Environment Claim
Recently, the California Supreme Court found that a plaintiff’s claim based on a single (disputed) racial epithet by a non-supervisory coworker was sufficient to form the basis of a hostile work environment claim—it was sufficiently severe even though not pervasive.
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Posting Outside the Office, but Not Outside the Scope of an Employer’s Potential Liability
Between hybrid work, flexible schedules, online meetings, and the ubiquity of social media, the lines between in and out of office conduct continue to get murkier and create potential tagalong liability that persists for employers who do not promptly respond to complaints brought forward by employees. The Ninth Circuit has made clear that even though an employee’s conduct is online—even outside of work time—the impact that it has on an employee can be sufficient to sustain a Title VII hostile work environment claim.
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April and May Showered Employers with Legal Developments Locally and Nationwide
May 30, 2024
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April and early May have been busy times for employment practitioners. From noncompete bans to agencies issuing new gender discrimination guidance, the spring “showers” of laws and regulations and court decisions discussed below will have employers “...
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