Consumer Finance Monitor Podcast Episode: The Cantero Opinion: The Supreme Court Leaves National Bank Preemption in Limbo
In That Case: Cantero v. Bank of America
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Consumer Finance Monitor Podcast Episode: The U.S. Supreme Court’s Pending Ruling on National Bank Preemption: A Discussion of Cantero v. Bank of America, N.A.
U.S. District Court Addresses Federal Preemption for State Credit Reporting Laws
State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast
Consumer Finance Monitor Podcast Episode: What the Recent Developments in Federal Preemption for National and State Banks Mean for Bank and Nonbank Consumer Financial Services Providers
The Presumption of Innocence Podcast: Episode 24 - Special Edition: Spotlight on the Association of Criminal Defense Lawyers of New Jersey
Law School Toolbox Podcast Episode 386: Listen and Learn -- Federal and State Powers (Con Law)
[Podcast] Cellular Agriculture and the Evolving Legal/Regulatory Landscape: A Conversation with Ahmed Khan
Keeping Up With the Bureau Episode 2: FCRA Preemption Issues, Infringing State Laws, and the CFPB's Position
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?
Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]
Bar Exam Toolbox Podcast Episode 162: Listen and Learn -- Federal and State Powers (Con Law)
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Case In Point: Recent Developments in Employment Law
Employment Law Now V-96- LOTS of Big Employment Law Developments
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
The U.S. District Court for the Northern District of Illinois (the “District Court”) recently entered a temporary injunction halting enforcement of certain benefits-related provisions under the Illinois Day and Temporary...more
Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules...more
In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more
Last month, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA) and held that employers are prohibited from requiring...more
Connecticut recently legalized recreational marijuana use by adults. The new law creates complex employment protections for recreational marijuana users. The same legislation also includes provisions that strongly encourage...more
On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA), raising questions as to whether many employers’...more
In the latest chapter of the independent contractor or employee saga in California, the U.S. Court of Appeals for the Ninth Circuit, in California Trucking Ass’n v. Bonta, ruled that federal law doesn’t preempt AB 5, the...more
In today's new episode, Michael Schmidt talks about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent...more
The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more
In November 2020, a California state appeals court ruled in People of the State of California v. Superior Court of Los Angeles County and Cal Cartage Transportation Express, LLC that the Federal Aviation Administration...more
If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more
A California federal court has granted a preliminary injunction blocking enforcement of Assembly Bill 51, an expansive anti-arbitration law enacted in October and set to take effect on January 1, 2020....more
As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more
As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of...more
As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more
Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more
Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development....more
California Assembly Bill 5 (AB-5), a law aimed at classifying most workers as employees rather than independent contractors, went into effect Jan. 1, 2020. However, the day before the law took effect, U.S. District Judge...more
On December 30, 2019, a federal District Court issued a Temporary Restraining Order (TRO) against the State of California temporarily enjoining the State from enforcing Assembly Bill 51 (AB 51) —the new California law...more
Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more
Seyfarth Synopsis: Set to take effect on January 1, 2020, AB 51 would make it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. As...more
We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more
We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees....more