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Employment Law in Motion

A legal blog for employers

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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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Two More Anti-Employer Actions that Employers are Going to Hate
The National Labor Relations Board (NLRB) under the Biden administration has developed a decidedly anti-employer, pro-union philosophy that spells significant trouble for all employers—union or non-union.
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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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