Elections & Politics Conflict of Laws

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Future of California’s Marijuana Laws Appears Hazy

What do you get when you cross blue state liberal marijuana laws with red state conservatism? A purple haze. California voters approved recreational use of marijuana for adults in the November 2016 election. But federal...more

Trump Administration May Enforce Federal Laws Prohibiting Non-Medical Use of Marijuana

In one of the Trump Administration’s first public statements on recreational marijuana, White House Press Secretary Sean Spicer stated in a press conference today that the Department of Justice may seek “greater enforcement”...more

Just When We Thought Measure 97 Was Dead—It May Be Back!

As I reported previously, Oregon Measure 97 was overwhelmingly defeated by voters in the state’s general election this past November. It certainly appeared that the voters spoke loudly and clearly on November 8, 2016, when...more

Legislative Update for Minnesota Employers: Paid Leave Bills Advance, Cell Phone Hands-Free Bill Introduced

Employers with employees in Minnesota—and in particular, those with employees in the cities of Minneapolis and/or St. Paul—may be interested in the status of several bills that have been introduced in the Minnesota...more

Riding Currents into New Markets: What Power Generation Developers and Contractors Should Watch Out For

The CPV St. Charles Energy Center, a new 725 MW combined-cycle gas power plant in Maryland, went online earlier this month. The U.S. Supreme Court analyzed federal preemption with respect to state regulation of power...more

Un-Brotherly Love: The Commonwealth Seeks to Preempt Philadelphia’s WageEquity Ordinance Before It Takes Effect

The ink has yet to dry on Philadelphia’s newly-passed Wage Equity Ordinance and the Pennsylvania Senate has already passed a Bill that would preempt Philadelphia’s new law....more

Minnesota Legislature Moves Forward to Preempt Municipal Safe and Sick Leave and Wage Ordinances

The battle over paid sick leave and minimum wage ordinances at the municipal level moved to the Minnesota Legislature as its 2017–2018 session kicked off at the end of January. Several bills introduced in the 2017-2018...more

State of the States: Legislatures are off to the Races!

Most state legislatures are back in session, and they are poised to address a wide range of labor and employment issues this year. Since January 1, 2017, more than 500 employment-related bills have been proposed in more than...more

NY Department of Financial Services Joins Opposition to the OCC’s Proposed FinTech Charter

On January 17, 2017, Maria Vullo, the Superintendent of the New York State Department of Financial Services (NY DFS) sent a letter to the Office of the Comptroller Currency (OCC), opposing the OCC’s proposed special purpose...more

The US and EU finalize a Covered Agreement on insurance and reinsurance regulation

On January 13, 2017, the US Treasury reported to Congress that Treasury and the US Trade Representative (USTR) had successfully concluded negotiations with the EU on a Covered Agreement (the Agreement) that would presumably...more

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

The CJEU Gives the UK Government Another Brexit Dilemma

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union...more

FPPC Weighs in on Recreational Marijuana Ethics Issues

Local officials handling recreational marijuana issues will find guidance in two advice letters issued by the Fair Political Practices Commission in the wake of last month’s passage of Proposition 64, the Adult Use of...more

Divergent State and Federal Marijuana Laws Create a Legal Landmine

A tidal wave of legislation legalizing marijuana washed over the country from sea to shining sea on November 8th. When all the votes were counted on election night, voters in California, Maine, Massachusetts and Nevada...more

Prop. 64 – The Basics: Q&A on Marijuana Legalization

Last week, Best Best & Krieger presented the first in a series of webinars on Proposition 64 and marijuana legalization in California. Such an interesting topic yielded many questions — some of which we have selected to...more

Warning to "Marijuana Investors" Consider Federal Enforcement

The Controlled Substances Act ("CSA") lists Marijuana (cannabis) as a Schedule 1 drug. That means "the drug or substance has no currently accepted medical use in treatment in the United States. Efforts to reclassify marijuana...more

Nevada’s New Recreational Marijuana Law: What Employers Need to Know

On November 8, 2016, voters approved Nevada’s Initiative to Regulate and Tax Marijuana (more commonly known as Question 2) by a margin of 54 percent to 46 percent. When codified and enacted, this law will be cited as the...more

Mandatory Payroll Deduction Savings Programs Are on the Rise

According to the U.S. Department of Labor (DOL), one-third of American workers do not have the option to participate in a retirement savings plan through their employers. To help employees save for retirement, more states are...more

Let’s Be Blunt: Recreational Marijuana Will Bring New Regulatory Challenges to Gaming Licensees in Nevada

As Nevada voters are bombarded with messaging both for and against the legalization of recreational marijuana leading up to the vote on “Question 2” on the November state ballot, Nevada’s gaming industry watches with what we...more

Blurred Lines: Courts Still Unclear On When Sexual Orientation Discrimination is Illegal

Since its passage in 1964, Title VII of the Civil Rights Act has prohibited discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or...more

News from Second and State

Yesterday was the first day of fall, and it seems the summer is truly behind us. The House of Representatives reconvened this week for the final stretch of the 2015-2016 legislative session. This week most of the action...more

Texas SWDA Preempts Plastic Bags-Related Ordinance

On August 17, 2016, the Fourth District Court of Appeals sitting in San Antonio held, in a 2 to 1 decision, that a City of Plastic bagsLaredo ordinance prohibiting the distribution of “single use” plastic bags at check-out...more

Third Circuit: Federal Law Did Not Commandeer States To Act in Violation of Constitution

Can the federal government at times and, in all places, commandeer the states to act in a certain way? “Commandeering” refers to a federal requirement that state officials enact, administer, or enforce a federal regulatory...more

Obama signs GMO label bill into law

On Friday, July 29, US President Obama signed into law S. 764, which overturns Vermont's GMO label law and establishes a national standard for GMO (genetically modified organism) labeling. The US House of Representatives...more

AZ’s Hidden Employer Wage/Hour Gift

Much has been said about AZ Governor Ducey’s recent decision to sign into law HB 2579, which preempts local governments from enacting their own living wage or fringe benefits ordinances for private employers. But next to...more

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