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Employment Law in Motion

A legal blog for employers

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Employer Issues in Bankruptcy
Numerous issues arise when an employer files for bankruptcy. Some of the most crucial issues relate to: (i) priorities for claims of employees; (ii) notices pursuant to the Worker Adjustment and Retraining Notification (WARN) Act; and (iii) the autom...
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(We Can’t Have No) Retaliation: Part Two—Important Lessons for Employers Resulting from the SCOTUS Whistleblower Decision
Outlined in part one of our series—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes-Oxley—the U.S. Supreme Court reversed a federal court of appeals decision, resolving a recent federal appeals court split regarding the standard for liab...
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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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California Employees Must Receive Notice of Noncompete Invalidity by February 14
Your normal Valentine’s Day to-do list may include a box of chocolates, card, or bottle of wine. This year, for employers with California employees subject to noncompete agreements, add one more task: notices of invalidity of noncompetition agreement...
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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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The New Year Brings New Sick Leave Rules to Washington
As of January 1, 2024, Washington employers with commercial construction workers will need to be prepared to comply with new rules regarding paid sick leave. There are also new provisions applying to all employers. Employers with Covered Construction...
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