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Employment Law in Motion

A legal blog for employers

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Two More Anti-Employer Actions that Employers are Going to Hate
This article was first published in the Winter 2024 issue of the Oregon Restaurant & Lodging Magazine. The National Labor Relations Board (NLRB) under the Biden administration has developed a decidedly anti-employer, pro-union philosophy that sp...
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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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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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White Collar Salaries May Heat up as the Weather Cools Down—Department of Labor Issues Notice of Rulemaking Aimed At Raising Salary Thresholds
On August 30, the Department of Labor issued a proposed rulemaking aimed at extending overtime protections by raising the minimum salary threshold for “white-collar” exemptions to $1,059 per week (or $55,068 per year). White collar salaried employees...
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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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