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Employment Law in Motion

A legal blog for employers

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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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Washington Court of Appeals Expands Possibility for Attorney’s Fees Claim Under Wage Statute as Separate Cause of Action
In the recently published Reeves v. Mason County, Division III of the Washington Court of Appeals expanded the availability of a standalone suit to recover attorney’s fees accrued when an employee successfully recovered lost wages. If a separate suit...
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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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New Oregon Laws Impacting Employers in 2021
The Oregon Legislature passed a number of bills this session that may affect employers, including new restricting noncompetition agreements, expanding employment and school district discrimination definitions related to hairstyles and dress codes, an...
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Promises Made During the Hiring Process Can Expose Employers to Liability
For a printable PDF version of this article, please click here. In a competitive job market, it may be tempting to say—or pay—anything to attract top talent. But employers should take care to ensure that what they tell applicants during the recruiti...
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