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Employment Law in Motion

A legal blog for employers

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Make Sure the Clock Is Running: A Reminder from the Ninth Circuit
Folks who attended Miller Nash’s Annual Employment Law Seminar last fall may remember a discussion about a case brought by Nevada call center workers seeking compensation for their time booting up and shutting down their computers. We shared that the Ninth Circuit reversed a motion for summary judgment in favor of the employer and sent the case back to the District Court. In a similar script, last week, the Ninth Circuit again reversed a second motion for summary judgment for the employer and remanded the case again (Cadena v. Customer Connexx LLC, 23-15820, 2024 WL 3352712 (9th Cir July 10, 2024)). With its remand, though, the Ninth Circuit has made clear that the “de minimis doctrine” still applies to cases related to claims for overtime wages.
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Thrown for a Lope—Supreme Court Decision in Loper Bright Enterprises Overturning Chevron Likely to Impact Employer Practices
The U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, No. 22-451, June 28, 2024, overruled long-standing precedent under which courts were to provide substantial deference to federal agency interpretations of federal statutes.
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April and May Showered Employers with Legal Developments Locally and Nationwide
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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U.S. Supreme Court Makes Discrimination Claims Easier to Prove by Recognizing Job Transfer Can Be Adverse Action
Adverse employment action in employment discrimination claims are easier to prove with the U.S. Supreme Court’s much-anticipated April 17, 2024 decision in Muldrow v. City of St. Louis, Missouri.
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EEOC Issues Final Rule Maintaining Agency’s Expansive Interpretation of Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) was enacted in 2023 to protect pregnant employees from workplace discrimination and ensure they receive reasonable accommodations in the workplace. On April 15, 2024, the Equal Employment Opportunity Commissio...
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OSHA Amends Rule on Employee Representation During Safety Inspections
The Department of Labor Occupational Safety and Health Administration (OSHA) is amending an existing rule to provide clarification on the right employees have to authorize a representative that accompanies an OSHA Compliance Safety and Health Officer (CSHO) during a workplace inspection.
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