#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more
In a boon to property owners, the U.S. Supreme Court recently expanded the definition of what constitutes a physical taking (one that takes possession of property away from its owner) by including what many practitioners...more
The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of...more
When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person...more
Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more
The latest United States Supreme Court decision in the contested ground of Fifth Amendment takings law, Cedar Point Nursery v. Hassid, is yet another chapter in the long-standing argument regarding the distinction between...more
The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website, and through its...more
There has been a lot of labor activity in the past three months. President Biden announced the two appointees who would join National Labor Relations Board Chair Lauren McFerran to create a majority of Democrats on the Board....more
Of the 67 decisions the U.S. Supreme Court issued during the 2020-2021 term, just a few decisions made broad, immediate impacts on employers and educators. Court-watchers wondered how the new, solidly conservative majority...more
At the end of its recent term, the U.S. Supreme Court handed down a new decision on the law of takings. The case, Cedar Point Nursery v. Hassid, was a labor relations dispute disguised as a takings case, but its resolution...more
1. The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property. Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021). The California Agricultural...more
Rhode Island is a small state favored with many natural attractions, not the least of which are its 400 miles of shoreline and more than 8,200 acres of public parks and recreation areas. Such lands frequently abut private...more
Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more
In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the...more
The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises. The Court held that by requiring employers to provide such...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, a case involving a California regulation that requires employers to allow union organizers to enter their property to solicit members. In a 6-3 ruling...more
In a major property rights decision, the US Supreme Court held that the federal Constitution protects against a state mandating union access to an employer’s private property for organizing purposes. Its decision in Cedar...more
In a 6–3 decision, the U.S. Supreme Court held on June 23, 2021 that a California regulation granting labor organizers the “right to take access” to agricultural employers’ private property to solicit union support violated...more
Seyfarth Synopsis: California agricultural employers won big before the United States Supreme Court on Wednesday. In Cedar Point Nursery v. Hassid, the Court deemed unconstitutional a California labor regulation which...more
Union organizing often collides with an employer’s private property rights. In a decision issued this month, Cedar Point Nursery v. Hassid, the United States Supreme Court ruled in favor of the right to protect private...more
The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more
In a 6-3 decision, the U.S. Supreme Court, in a decision issued on June 23, 2021 struck down a California state law requiring agricultural employers to grant union organizers access to their property. The Court determined the...more
On June 23, 2021, the U.S. Supreme Court reversed the Ninth Circuit and held that a California state law allowing limited organizing activity on employer’s farms is unlawful because it is a physical taking of the employer’s...more