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Employment Law in Motion

A legal blog for employers

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Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace
The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school district fortifies an ongoing...
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Use it or Lose it: SCOTUS Eases Arbitration Waiver Analysis in Most Circuits, States
Many contracts these days, including employment contracts, have provisions requiring that disputes be arbitrated rather than filed in a court. Nevertheless, a party to such an agreement will often file a lawsuit in court, and the other party has to f...
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All Hair is Good Hair: An Update on the CROWN Act and State CROWN Acts
For years, American employers have enforced employee dress and grooming standards, some of which include standards on hairstyles. In the past, the U.S. Equal Employment Opportunity Commission (EEOC) has indicated that “race” includes more than the co...
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Employers Can’t Require Employees to Arbitrate or Waive Collective Actions of Sexual Assault or Sexual Harassment Disputes
For many years, employers have relied on the Federal Arbitration Act (“FAA”) and pre-dispute arbitration agreements to require employees to privately arbitrate disputes, rather than pursue them in the judicial system or participate in class actions....
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Considerations for Employers Contemplating a Voluntary or Mandatory COVID-19 Vaccine Policy (February 2022 Update)
For a printable PDF version of this article, please click here. February 1, 2022 Update | Previous update published September 16, 2021 | Originally published December 31, 2020 (see below) Although litigation is still ongoing for some vaccine-relate...
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