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Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

Ninth Circuit “Chases” Away Another Option for Removing PAGA Actions to Federal Court

In yet another setback for employers seeking to remove California wage and hour cases to federal court, the Ninth Circuit held that the federal Class Action Fairness Act (“CAFA”) provides federal courts with no basis to...more

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the...more

Ninth Circuit Finds That The Garcetti “Official Duties” Rule Does Not Apply To Public University Employee Academic Speech

Just this month, in Demers v. Austin, 729 F.3d 1011 (9th Cir. 2013), the Ninth Circuit became the first federal circuit court to hold that techers employed by the state had a First Amendment right on speech made in academic...more

Supreme Court Decides Not To Decide Age Bias Circuit Split

This morning, on one of the first days of the 2013-2014 Term, the Supreme Court of the United States—as widely predicted—dismissed the writ of certiorari in an age discrimination case as improvidently granted. After hearing...more

Supreme Court strikes down Defense of Marriage Act: What are the changes for employers?

On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more

U.S. Department of Labor Extends FMLA Benefits to Same-Sex Spouses in States That Recognize Same-Sex Marriage

As reported in the Wall Street Journal (“U.S. Extends Family Leave to Same-Sex Couples,” August 9, 2013, by Melanie Trottman and Kris Maher) and Employment Law 360 (“Labor Dept. Extends FMLA Coverage To Same-Sex Spouses,”...more

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

U.S. Supreme Court Hears DOMA Case—Now What?

Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more

The Federal Enclave Doctrine: A Potentially Powerful Defense to State Employment Laws

The U.S. Constitution provides that the federal government has exclusive legislative rights over certain federal territories – such as military bases, courthouses, and other official properties – if a state consents to the...more

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

SCOTUS Will Decide Whether Rule 68 Offers Moot FLSA Collective Actions

The U.S. Supreme Court granted cert on June 25, 2012 in Genesis Healthcare Corp. v. Symczyk to resolve a federal circuit split on whether an FLSA collective action is mooted when the lone plaintiff receives from defendants an...more

Supreme Court Bars Arizona, Other States From Criminalizing Alien Employment

The key takeaway for employers from the Supreme Court's ruling yesterday on Arizona's controversial Senate Bill (SB) 1070 law is that states cannot make criminals out of those in their jurisdiction who work or seek employment...more

Ariz. Immigration Ruling May Save Cos. From State Law Hassles

Originally published in Law360, New York (June 25, 2012, 8:49 PM ET) The U.S. Supreme Court's ruling that several portions of Arizona's controversial immigration law were preempted by federal law will likely stanch the...more

The U.S. Supreme Court Strikes Down Most of Arizona’s Immigration Law

Today, the U.S. Supreme Court handed down a decision on the 2010 Arizona statute that created new criminal penalties and police procedures for addressing the problem of illegal immigration in that state. The Court ruled that...more

Northern Mariana Islands Retirement Fund Files For Bankruptcy  [Video]

April 25 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia talks with Bloomberg News bankruptcy columnist and editor-at-large Bill Rochelle at the American Bankruptcy Institute's Annual Spring Meeting in Washington DC about a...more

NLRB Announces Postponement of Board Posting Rule After Appeals Court Injunction

In light of the D.C. Circuit Court’s injunction and the interest in uniform implementation and administration of agency rules, the Board has announced that it will not be implementing the posting rule until the issues before...more

Board Posting Rule Enjoined By Federal Appeals Court This Morning

As a follow-up to our Client Alert of this morning, earlier today the Federal D.C. Court of Appeals granted the U.S. Chamber of Commerce’s motion to enjoin the National Labor Relations Board from implementing its...more

Federal DIstrict Court Judge in South Carolina Rules the the NLRB Exceeded its Regulatory Authority in Requiring a Workplace...

The saga of the National Labor Relations Board’s Posting Rule continues. Friday afternoon Judge David C. Norton of the Federal District Court for the District of South Carolina, in a case brought by the South Carolina...more

Supreme Court to Hear Challenges to Health Care Reform

The Supreme Court announced on Monday, November 14, 2011 that it will hear challenges to the Patient Protection and Affordable Care Act (PPACA). President Obama signed PPACA on March 23, 2010, and legal challenges to the...more

Options for Suing the Federal Government Under Bivens Unlikely to Expand

In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their actions after his injuries. On...more

When Negligence Becomes Deliberate

When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...more

U.S. Supreme Court to Decide Whether States Are Immune from Certain FMLA Claims

On June 27, 2011, the United States Supreme Court agreed to review an FMLA case in which the Court will decide whether a State can be sued under the Family and Medical Leave Act where the employee is seeking leave due to his...more

NLRB Sues Arizona Over Secret Ballot Legislation

The NLRB made good on its January 13, 2011.pdf threat to sue individual states that enact legislation that it believes are solely within its province. In a complaint filed against the State of Arizona.pdf today, the NLRB...more

U.F.C.W. Local No. 401 v. Old Dutch Foods Ltd.

Ryan Venables - Case Comment: UFCW Local 401 v. Old Dutch Foods

Case comment on the boards decision where I both disagree and agree with the decision....more

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