News & Analysis as of

Preemption Employee Rights

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Federal Court Denies Bid to Block Temporary Workers Bill of Rights Law

On August 30, 2024, a judge of the U.S. District Court of New Jersey denied a motion to partially enjoin the New Jersey Temporary Workers Bill of Rights based on Employee Retirement Income Security Act (ERISA) preemption....more

Littler

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

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On July 24, 2024, the United States Court of Appeals for the Third Circuit affirmed a decision from the District of New Jersey Court, refusing to block New Jersey’s 2023 law, which awards temporary workers equal pay and...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

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A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Littler

Illinois Governor Amends Labor Disputes Act

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On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Seyfarth Shaw LLP

The Supreme Court Pours Some Concrete on the Right to Strike

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On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

Benesch

Labor-Friendly “Workers’ Rights Amendment” Passes in Illinois

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The Illinois Constitution Amendment 1 (commonly referred to as the “Workers’ Rights Amendment”) has received enough votes to secure its passage. Citizens of Illinois voted on the Amendment on November 8, 2022, but delays in...more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

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As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Benesch

InterConnect FLASH! No. 79 - Mr. AB-5 Goes to Washington - And Brings A Lot of Baggage! (The Assault on the IC Citadel Continues)

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Introduction: The PRO Act Overall - Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 79: Will the PSL Bug Infect New York State in 2020?

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Seyfarth Synopsis: During his 2020 State of the State remarks, Governor Andrew Cuomo announced a statewide paid sick leave (“PSL”) proposal as part of his agenda in support of New York employees. If successful, New York would...more

Sheppard Mullin Richter & Hampton LLP

AB 51 – Arbitration Under Attack

On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements...more

Littler

The Battle over the Minneapolis Sick and Safe Time Ordinance Continues: Court Holds the Law Applies to Employers Outside City...

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On April 29, 2019, the Minnesota Court of Appeals overturned a state district court ruling and found that the Minneapolis Sick and Safe Time Ordinance (SST Ordinance) applies to employers outside the City limits. Previously,...more

Littler

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

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The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more

Littler

Texas Two-Step: San Antonio Joins Austin in Mandating Paid Sick and Safe Leave; Then Court Enjoins Austin Law from Taking Effect...

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On August 16, 2018, the San Antonio City Council adopted a paid sick and safe leave ordinance which, aside from minor linguistic differences, is identical to the ordinance passed earlier this year in Austin. ...more

FordHarrison

Maryland's Healthy Working Families Act Requires Employers in the State to Provide Sick/Safe Leave

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On January 12, 2018, the Maryland Legislature overrode Governor Hogan’s 2017 veto of the Maryland Healthy Working Families Act (the “Act”). As a result, Maryland employers with 15 or more employees are now required to provide...more

Littler

WPI State of the States: A Busy December Signals a Wild 2018 for Employers

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Despite the holiday break in most statehouses and city halls, legislators were quite productive in December. More than 40 employment-related bills were introduced or advanced last month, across nearly 20 states and...more

Stoel Rives LLP

Oregon Enacts State-Wide Paid Employee Sick Leave Which (Mostly) Replaces Local Ordinances in Portland and Eugene

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Governor Kate Brown signed into law the new Oregon Paid Sick Leave (“OPSL”) law enacted by the Legislature on June 12. The new law becomes effective January 1, 2016. Oregon is the fourth state to enact a state-wide paid sick...more

Franczek P.C.

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

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In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

Foley & Lardner LLP

ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

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Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute...more

Orrick - Employment Law and Litigation

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

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