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New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

by Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more

Minnesota Legislature Gives Up on Bill to Preempt Cities’ Safe and Sick Leave Ordinances

In the waning hours of the 2017 legislative session, Republicans who control both houses of the Minnesota Legislature reached an agreement with Democratic Governor Mark Dayton on a budget bill that removed from a provision...more

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in...more

Chapter 21 of the Texas Labor Code Does Not Incorporate ADA’s Prohibition on Release of Confidential Health Information

Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However,...more

Missouri Legislature Passes State Minimum Wage Bill

In the waning hours of Missouri’s 2017 legislative session, the Missouri General Assembly passed HB 1194, which prohibits Missouri cities from establishing minimum wage rates higher than the state’s minimum wage—which is...more

Missouri Legislature Approves Minimum Wage Preemption Bill

by Littler on

As St. Louis native Yogi Berra famously remarked, “[i]t is not over until it’s over.” Yogi’s aphorism is certainly true with respect to the St. Louis Minimum Wage Ordinance. To recap, the Ordinance was passed in 2015, but a...more

Grounding Deferential Review in California – No Preemption for Discretionary Clause Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision with wide ranging implications, the Ninth Circuit has ruled that a discretionary clause in an employer drafted plan document is subject to, and invalidated by, California’s insurance...more

Employment Law This Week: Indirect Employers’ Liability in NY, No Reversal of Weingarten Rights, Legal Standard for Privileged... [Video]

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

May the 4th Be With You: Philadelphia’s Wage Equity Saga Continues

by Fisher Phillips on

It is only fitting that, on this day, May the 4th, which has become known colloquially as Star Wars Day, we bring you this update on Philadelphia’s Wage Equity Ordinance saga which could send significant ripples throughout...more

WPI State of the States — Legislative Proposals Are Taking Root

by Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

WPI Wage Watch: Minimum Wage & Overtime Updates (April Edition)

by Littler on

The madness of March may be behind us, but April is no joke when it comes to minimum wage and overtime updates. Developments at the federal, state, and local levels could affect employer operations in the near or distant...more

Supreme Court Decides Coventry Health Care of Missouri, Inc. v. Nevils

by Faegre Baker Daniels on

On April 18, 2017, the Supreme Court of the United States decided Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149, holding that: 1) under the FEHBA (specifically, 5 U.S.C. § 8902(m)(1)), the provisions of a...more

Conflict Between Florida Preemption Statute and Miami Beach Minimum Wage Ordinance Emerges Amidst Ongoing Litigation

by Littler on

A conflict between a Florida state preemption statute and the City of Miami Beach’s minimum wage ordinance is coming to bear.  The end result of the pending litigation on the subject will likely determine the extent to which...more

Impact of Marijuana on Maine Workers’ Compensation

by PretiFlaherty on

Marijuana use in the State of Maine has been in a state of flux over the past several years. The introduction of the Maine Medical Use of Marijuana Act, Maine Workers’ Compensation Appellate Division decisions, and a recent...more

[Webinar] Recurring Marijuana Issues in the Workplace in Light of New Legislation - May 24th, 1:00pm EDT

by Conn Maciel Carey LLP on

The rise in medical marijuana legislation poses many interesting questions for employers - especially national employers where state laws may differ drastically on this issue. State legislation of the lawful use of cannabis...more

H.B. 2 Is Repealed, But...What Does This Mean?

by Smith Anderson on

North Carolina has repealed House Bill 2. In its place, the North Carolina General Assembly enacted law: ..Preempting state agencies and related entities from regulating access to multiple occupancy restrooms, showers...more

Seattle’s Attempt to Unionize On-Demand Economy Dealt First Blow

by Fisher Phillips on

Not two weeks ago, we discussed several active court cases seeking to challenge the City of Seattle’s first-of-its-kind ordinance aimed at unionizing ride-sharing drivers, pointing out that the battle was about to reach a...more

Title VII and Sexual Orientation Debate Largely Moot in Connecticut

by Shipman & Goodwin LLP on

Over the last week or so, there have been two prominent Circuit Court decisions addressing whether Title VII (the federal law prohibiting employment discrimination on the basis of race, color, sex, religion and national...more

State of the States — Legislative Action Heats Up

by Littler on

As we turn the calendar to April, state legislatures are starting to hit their stride. Bills introduced earlier this year continue to advance, with more than 400 labor and employment-related measures remaining under...more

Iowa Governor Signs Labor Bill, Stops Polk County Minimum Wage Before it Starts

by Messner Reeves LLP on

Iowa Gov. Terry Branstad signed a labor bill yesterday that preempts local minimum wage ordinances, including the one in Polk County that was scheduled to increase the local minimum wage on April 1, 2017. The bill (HF 295)...more

California Bill Puts Employers Smack in the Middle of National Immigration Debate

by Fisher Phillips on

Since the election of President Trump, the California Legislature has been vocal and active in efforts to resist announced or anticipated actions of the Trump administration. This includes efforts to make California a...more

Benefits Litigation Update – Spring 2017

by Epstein Becker & Green on

Welcome to the Spring edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm Epstein Becker & Green. As a new Congress, and a new executive branch, work on major...more

Nevada Supreme Court Weighs in Again on the Nevada Constitution’s Minimum Wage Amendment

by Littler on

On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues...more

Fight Over Seattle’s Attempt To Unionize On-Demand Economy Reaches Critical Point

by Fisher Phillips on

If the City of Seattle has its way, your next ride-sharing driver could be part of a first-of-its-kind union. And if on-demand economy companies have their way, the courts will block any such unionization efforts before they...more

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