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The National Labor Relations Board’s Restrictions on Employer Work Rules Changes... Again

The National Labor Relations Board (NLRB or the Board) frequently reviews employer work rules in employee handbooks or other policies to determine whether such rules unlawfully infringe on employees' rights to engage in protected concerted activity. Protected concerted activity includes employees talking with each...
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The United States Supreme Court Closes its 2022-2023 Term with Several Decisions Potentially Impactful to Employers

The United States Supreme Court issued several decisions in June, at the close of its 2022-2023 term, that either directly or potentially impact employers. The first two cases discussed below directly impact employers. The other two are tangential to employers and are worth watching for future developments that...
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Supreme Court Issues New Standard for Religious Accommodations

Update: In late June, the Archbright Blog told you about a case to watch out for, Groff v. DeJoy, from the Supreme Court’s October 2022 term. It was anticipated that the Court would increase the burden on employers in considering religious accommodation requests protected by Title VII. On June 29, 2023, the Court...
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Re-Evaluate Your Independent Contractors This New Year

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Independent contractors are integral to businesses. They are used to provide specific skills or experience, assist with limited-scope projects or initiatives, address a remote work arrangement, or transition an employee toward retirement. But, businesses that improperly classify workers as independent contractors...
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Adopting an E-Signature Policy Provides Clarity to Employees and Protection for Employers

As we near the end of the year and employers check what policies and practices might need to be added, amended, or clarified, they often overlook their e-signature policy. With the rise in digitalization of onboarding documents and remote work, many employers rely on electronic signatures, or e-signatures, when...
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Confidentiality During Workplace Investigations in Washington

The Washington law called the Silenced No More Act went into effect on June 9, 2022. The Act prohibits confidentiality, nondisclosure, and non disparagement agreements between employers and employees regarding conduct that an employee reasonably believes to be illegal discrimination, harassment, retaliation, a wage...
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Paramour Preference: Is it Illegal to Give Preferential Treatment to a Romantic Partner?

In 2020, the US Supreme Court confirmed in Bostock v. Clayton County that Title VII's protected classification of "sex" is defined to include protection from discrimination on the basis of sexual orientation and gender identity. This opened the door to claims from employees attempting to further expand the...
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