In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor...more
The Occupational Safety and Health Administration plans to propose a new rule requiring employers to protect employees exposed to high temperatures at work. This federal government regulation is the first of its kind to...more
In light of the Illinois Supreme Court’s string of recent, individual-friendly decisions related to Illinois's Biometric Information Privacy Act (“BIPA”) (see our Firm’s commentary on those decisions here and here), it was...more
In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more
On March 23, 2023, the Illinois Supreme Court issued an opinion in Walton v. Roosevelt University, 2023 IL 128338 that affirms the validity of an important preemption defense for employers facing litigation under the Illinois...more
Seyfarth Synopsis: On March 23, 2023, the Illinois Supreme Court unanimously affirmed the appellate court’s decision in Walton v. Roosevelt University, ruling that the Labor Management Relations Act (“LMRA”) preempts the...more
As promised (see prior post here), we are providing an update on the Third Circuit’s decision in Care One Management LLC et al. v. United Healthcare Workers East, et al. As we addressed at the time, this cased involved...more
On March 30, 2022, a panel in the Third Circuit Court of Appeals overruled nearly 30-year-old precedent and held that arbitration provisions do not survive the expiration of a collective bargaining agreement (CBA) in...more
Under a collective bargaining agreement that ran from 2014 to 2017 between the Newspaper Guild of Pittsburgh and PG Publishing, the publisher of the Pittsburgh Post-Gazette, PG was required to cover a portion of increases to...more
Anton Chekhov famously observed that any gun introduced to a story must be fired. And indeed Hollywood producers and directors have followed that rule without fail for about 100 years, recently with tragic consequences on the...more
In Railey v. Sunset Food Mart, Inc., -- F.4th --, No. 21-2533, 2021 WL 4808222 (7th Cir. Oct. 15, 2021), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s order remanding a class action asserting...more
Seyfarth Synopsis: On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. Sept. 20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act...more
The PRO Act would do serious, and perhaps mortal, damage to the franchise industry. It would make sweeping changes to the National Labor Relations Act (NLRA), the Labor Management Relations Act (LMRA), and the Labor...more
On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
Alleged violations of privacy laws continue to bedevil the federal courts—in particular, with respect to determining whether an alleged violation creates a sufficiently concrete and redressable grievance to permit the federal...more
On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that...more
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more
Though the Illinois Biometric Information Privacy Act (“BIPA”) was passed in 2008, it remained fairly under-the-radar until about 2017, when it manifested in a growing wave of class action lawsuits largely centered on whether...more
The case relates to the disposition of accrued vacation time of unionized nurses after a new employer (Prospect) assumed a collective bargaining agreement. Prospect construed the collective bargaining agreement differently...more
An arbitration award rendered pursuant to section 301 of the Labor Management Relations Act (LMRA) was overturned upon a finding that the award was “grossly excessive” and based on an “evident material miscalculation.” ...more
A Hollywood union’s recent amendments to its union rules has sparked federal antitrust lawsuits by talent agencies. The Writers Guild of America (WGA), a labor union and the exclusive collective bargaining representative for...more
The federal appeals court that oversees cases arising from California recently handed down an opinion that helps provide guidance to those employers trying to comply with collective bargaining agreements while simultaneously...more
Seyfarth Synopsis: Employment-related cases pending before the California Supreme Court concern various questions that sometimes seem technical, but the answers they elicit will have big consequences. ...more