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Employment Law in Motion

A legal blog for employers

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NLRB Turns Union Representation Process Upside Down, Preferring Card Check Recognition Over Elections: Practical Considerations for the New Rule
WARNING TO ALL PRIVATE NONUNION EMPLOYERS In a crucial case for nonunion employers, the National Labor Relations Board (NLRB) has upended the rules governing how a workplace becomes unionized. Now, employers can be obligated to bargain based solely o...
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Gap-Filling Pregnant Workers Fairness Act: Proposed Rules Provide Insight to Compliance with Federal Law
On August 11, 2023, the Equal Employment Opportunity Commission (the EEOC) proposed regulations under the Pregnant Workers Fairness Act (PWFA). The PWFA took effect on June 27, 2023, and requires that employers with at least 15 employees make reasona...
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Paid Leave Oregon Benefits Begin September 3; Employees Can Start Applying NOW!
As of today, there has been no announcement of any delay in rolling out Paid Leave Oregon (PLO) so it is currently anticipated that paid leave benefits will begin September 3, 2023, as originally planned. See our prior alert: Employee Paid Leave Bene...
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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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