News & Analysis as of

Preemption Hiring & Firing Corporate Counsel

Epstein Becker & Green

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

Epstein Becker & Green on

As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

Fisher Phillips on

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

Hinshaw & Culbertson - Employment Law...

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

McNees Wallace & Nurick LLC

Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...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

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Littler

July Is the New January: From Salary History to Data Security Breaches, New State and Local Laws Are Set to Take Effect Soon

Littler on

Every year state laws and local ordinances take effect after the first of the year, and 2018 is no exception. As always, Littler’s Workplace Policy Institute (WPI) has been tracking these developments....more

Foster Garvey PC

Predictable Work Schedules: Oregon Blazes a Trail

Foster Garvey PC on

Oregon is poised to become the first state in the country to require larger food service, retail and hospitality employers to provide their hourly workers predictable schedules – or to pay the price. This is the second of two...more

Holland & Knight LLP

Courts Disagree on Whether Locally Enacted "Right-to-Work" Laws Are Pre-empted by the NLRA - Illinois District Court and Sixth...

Holland & Knight LLP on

The National Labor Relations Act (NLRA) generally permits private sector employers and unions to agree to include "union security" provisions in their collective bargaining agreements. Union security provisions promote...more

Proskauer - Labor Relations Update

Federal Appeals Court Rules Counties May Enact Right To Work Laws

The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more

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

Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged...more

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