Labor & Employment Law, Administrative Law, Conflict of Laws

FAAAA Preemption Continues to Zigzag Through California Courts

by Michael J. Nader | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/21/2012

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through California’s federal courts. In...more

Medical Marijuana Dispensaries Are Now Operating in Arizona

by Neil Alexander, Kristy Peters | Littler on 12/13/2012

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

The Fight Isn’t Over: Employers Should Keep Battling The Definition of “Whistleblower” Under Dodd-Frank

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 11/19/2012

The “Securities Whistleblower Incentives and Protection” section of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“DFA”) is an integrated scheme designed to encourage individuals to complain to the...more

Appeals Court Rules on State Immigration Laws in Alabama and Georgia

by Justin S. Coffey, Andrew W. Merrills | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/19/2012

In three separate decisions issued on August 20, 2012, the Eleventh Circuit Court of Appeals, applying the U.S. Supreme Court’s decision in Arizona v. United States, held that key provisions of state immigration laws passed...more

Circuit Split: How Does the CFAA Apply to Employment Cases?

by Cullen and Dykman LLP on 10/15/2012

Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more

New York Court Holds That Federal Standards of Care Preempt State-Law Standards Governing Hiring, Training, and Retention of...

by Morrison & Foerster LLP on 10/2/2012

A New York state trial court recently added another voice to the chorus of cases finding that federal law preempts state-law standards of care in the field of aviation safety. In In re: Air Crash Near Clarence Center, New...more

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

by Franczek Radelet P.C. on 9/24/2012

In January, we reported on the National Labor Relations Board’s (NLRB) controversial decision in D.R. Horton, Inc. and the broad implications that it had for both union and non-unionized workforces. The NLRB’s decision in...more

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

by Wilson Sonsini Goodrich & Rosati on 9/21/2012

Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more

Do the NLRB's and the EEOC's Confidentiality Standards Conflict?

by Akerman Senterfitt on 8/10/2012

The recent NLRB ruling on confidentiality of interviews, which we previously discussed here, may conflict with the EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (the...more

Dealership Update, No. 3, August 2012: Service Writer Update

by Fisher & Phillips LLP on 8/6/2012

In April 2011, President Obama's Labor Department (DOL) announced that it was reverting to a position it had abandoned back in 1987. The DOL is again saying that service writers and service advisors are not exempt from...more

Varied Facebook Password Laws Could Plague Employers

by Mintz Levin - Employment, Labor & Benefits on 8/6/2012

Originally published in Law360, New York on August 02, 2012. Illinois on Wednesday became the second state to enact a law banning employers from requesting passwords for Facebook and other social media accounts from...more

4th Circuit Issues Employee Friendly CFAA Opinion

by Fisher & Phillips LLP on 8/3/2012

As readers of this blog know, we have been following the diverse and seemingly irreconciliable decisions from federal courts regarding the scope of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030. Last...more

Fourth Circuit Decision Deepens Split of Authority on Federal Computer Fraud and Abuse Act's Prohibition on Conduct that "Exceeds...

by Davis Wright Tremaine LLP on 8/2/2012

The U.S. Court of Appeals for the 4th Circuit has issued a ruling in WEC Carolina Energy Solutions v. Miller, holding that the federal Computer Fraud and Abuse Act (“CFAA”) prohibition on exceeding “authorized access” to a...more

TUPE: Service Provision Change - Do we need this provision?

by Pillsbury Global Sourcing Practice on 7/27/2012

Under the previous 1981 Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) and the EU Acquired Rights Directive (ARD) it was not clear whether the definition of a relevant transfer caught...more

The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation. [Video]

by Jaburg Wilk on 7/5/2012

Kathi Sandweiss of the Arizona law firm Jaburg Wilk discusses the apellate process and explains how only the court record is reviewed for an appeal. The stakes run high in an appeal. That is when strength matters most and...more

With Hurricanes Come Unprecedented HR Challenges

by Duane Morris LLP on 6/27/2012

Unlike some states, Florida has no law which prohibits employers from taking action against employees who refuse to work because of an impending hurricane. But, when a hurricane or other emergency occurs, numerous federal...more

When Are Short Term Disability Claims NOT Governed by ERISA — This Case Explains When State Law Claims Are Not Preempted

by Lane Powell PC - ERISA Law on 6/6/2012

When does ERISA govern short term disability payments? Take a look at this recent case, Behjou v. Bank of America et. al, [PDF] __ F.Supp. 3d __ (N.D. California May 1, 2012). FACTS: Behjou brought short term...more

Employers in Florida Face State-Specific Employee Benefit Plan Issues

by Akerman Senterfitt on 6/4/2012

Employers with Florida employees face certain state-specific employee benefits compliance challenges. While in general ERISA preemption will serve to minimize the number of state laws applicable to the ERISA-governed benefit...more

Employers May Not Be Entitled to Full Disclosure of Potential EEOC Class Action Before Suit Is Filed

by Franczek Radelet P.C. on 5/24/2012

Employers often expect that, before the EEOC can expand a single-employee EEOC charge into a class action lawsuit, the EEOC must explain the scope of any potential class action and offer an employer the opportunity to resolve...more

Employee’s Wage Deduction Claim Not Preempted By Federal Law, Court of Appeal Determines

by Barger & Wolen on 5/11/2012

In Sciborski v. Pacific Bell Directory, the California Court of Appeal, Fourth Appellate District, Division One, determined that an employee’s claims for wage deductions under California Labor Code 221 was not preempted by...more

Seventh Circuit Holds Pharmaceutical Reps Exempt Under Administrative Exemption

by Sheppard Mullin Richter & Hampton LLP on 5/11/2012

This week, the Seventh Circuit issued a decision in Schaffer-Larose v. Eli Lily & Company, in which it held that pharmaceutical reps are exempt under the FLSA's administrative exemption. This is separate from the issue...more

The EEOC Recognizes a Cause of Action under Title VII for Transgender Discrimination

by Miller & Martin PLLC on 4/26/2012

We are not sure how many of you have run into this situation in your workforce yet. But we wanted to let you know in the event you do that the EEOC has recently confirmed that “transgender discrimination” is actionable under...more

NLRB Notice Posting Saga Continues: Federal Court Blocks Board's Rule

by McNees Wallace & Nurick LLC on 4/24/2012

he National Labor Relations Board’s notice posting rule has been under fire since it was issued last year. In the past few months, the rule has garnered significant attention in courts around the country. The rule would...more

South Carolina Federal District Court Finds NLRB Notice Posting Invalid; DC Court of Appeals Suspends Implementation of Posting...

by Miller Canfield on 4/23/2012

As discussed in the Employer Alerts issued August 30, 2011, October 6, 2011, January 4, 2012, and March 6, 2012, National Labor Relations Board (NLRB) issued a rule requiring essentially all private employers to post a notice...more

Court of Appeals Enjoins Implementation of NLRB Rule Regarding Notices About Workers’ Rights April 19, 2012

by Foley Hoag LLP on 4/19/2012

On August 25, 2011, the National Labor Relations Board (“NLRB”) implemented a rule requiring virtually all private employers in the United States to post a notice about workers’ rights under the National Labor Relations Act...more

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Labor & Employment Law › Administrative Law › Conflict of Laws

FAAAA Preemption Continues to Zigzag Through California Courts

Medical Marijuana Dispensaries Are Now Operating in Arizona

The Fight Isn’t Over: Employers Should Keep Battling The Definition of “Whistleblower” Under Dodd-Frank

Appeals Court Rules on State Immigration Laws in Alabama and Georgia

Circuit Split: How Does the CFAA Apply to Employment Cases?

New York Court Holds That Federal Standards of Care Preempt State-Law Standards Governing Hiring, Training, and Retention of...

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

Do the NLRB's and the EEOC's Confidentiality Standards Conflict?

Dealership Update, No. 3, August 2012: Service Writer Update

Varied Facebook Password Laws Could Plague Employers

4th Circuit Issues Employee Friendly CFAA Opinion

Fourth Circuit Decision Deepens Split of Authority on Federal Computer Fraud and Abuse Act's Prohibition on Conduct that "Exceeds...

TUPE: Service Provision Change - Do we need this provision?

The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation. [Video]

With Hurricanes Come Unprecedented HR Challenges

When Are Short Term Disability Claims NOT Governed by ERISA — This Case Explains When State Law Claims Are Not Preempted

Employers in Florida Face State-Specific Employee Benefit Plan Issues

Employers May Not Be Entitled to Full Disclosure of Potential EEOC Class Action Before Suit Is Filed

Employee’s Wage Deduction Claim Not Preempted By Federal Law, Court of Appeal Determines

Seventh Circuit Holds Pharmaceutical Reps Exempt Under Administrative Exemption

The EEOC Recognizes a Cause of Action under Title VII for Transgender Discrimination

NLRB Notice Posting Saga Continues: Federal Court Blocks Board's Rule

South Carolina Federal District Court Finds NLRB Notice Posting Invalid; DC Court of Appeals Suspends Implementation of Posting...

Court of Appeals Enjoins Implementation of NLRB Rule Regarding Notices About Workers’ Rights April 19, 2012

The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation. [Video]

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