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Labor & Employment Conflict of Laws

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Minnesota Restaurateurs: Get Compliant with Tip Statutes Before Super Bowl LII

by Nilan Johnson Lewis PA on

Super Bowl LII at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big game. With that opportunity, though, comes the...more

Hospitality Employers Beware: Confusion of the Use of the Tip Credit Persists

by Holland & Knight LLP on

• The Ninth Circuit recently rejected federal Department of Labor (DOL) interpretive guidance that banned employers from using the federal tip credit for time spent on non-tip-generating activities if those tasks exceed 20...more

Ninth Circuit Holds that ERISA Preempts State Insurance Law Bans on Discretionary Clauses for Self-Funded ERISA Plans

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit Court of Appeals recently confirmed that ERISA preempts state insurance law bans on discretionary clauses for self-funded ERISA plans....more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws

by Shipman & Goodwin LLP on

Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent...more

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws

by Shipman & Goodwin LLP on

Ever since Connecticut allowed employees to obtain and use medical marijuana, employers have wondered whether, under certain circumstances, federal law would preempt the state law. A recent federal district court case has now...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

New OregonSaves Retirement Program Impacts Employers with Oregon Employees

by Benesch on

On July 1, 2017, OregonSaves Retirement Program (“OregonSaves”) went into effect. OregonsSaves is sponsored by the State of Oregon, and is a state-run automatic Roth Individual Retirement Account (“IRA”) for private-sector...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

by Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Medical Marijuana Users Can Sue Their Employers

by Murtha Cullina on

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

St. Louis Minimum Wage Out, Statewide Preemption In (Eff. 8/28/17)

by Messner Reeves LLP on

Local minimum wage ordinances in Missouri will become invalid on August 28, 2017, when House Bill 1194, which bans local minimum wage ordinances, becomes law. Importantly, this change in law affects both the St. Louis...more

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

by Jackson Lewis P.C. on

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Another Employer’s Defense in Disability/Medical Marijuana Case Goes Up in Smoke

by Shipman & Goodwin LLP on

Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance. As a result there is a tension between state rights to...more

WPI State of the States: Statehouses Continue to Release Summer Blockbusters

by Littler on

Despite recent publicity surrounding bills pending in the U.S. Congress, state legislatures have not lost their focus. More than 30 states have concluded their legislative sessions, and another half-dozen are in recess. But...more

Court Ruling Means We’re One Step Closer To A Unionized Gig Economy

by Fisher Phillips on

The battle over organizing workers in the on-demand economy continues to heat up. Yesterday, a federal court in Washington dismissed a lawsuit filed by the U.S. Chamber of Commerce and others challenging the City of Seattle’s...more

States Diverge on Employment Law Protections for Medical Marijuana Users

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test...more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

by Benesch on

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation...more

Federal Court Compels Arbitration of Dodd-Frank Whistleblower Claim

In a recent decision, the U.S. District Court for the Western District of Wisconsin held that Dodd-Frank whistleblower claims (Section 922 claims) are subject to mandatory arbitration. Wussow v. Bruker Corp., No....more

Jersey City’s PLA Ordinance Found Preempted by NLRA and ERISA and Void Ab Initio

by Genova Burns LLC on

On June 15 U.S. District Court Judge Wigenton determined that Jersey City’s ordinance, in effect since 2007 and providing for tax abatements for real estate developers that sign Project Labor Agreements (PLAs) is preempted by...more

New Georgia Law Preempts Predictive Scheduling Ordinances

Georgia’s Minimum Wage Law (O.C.G.A. § 34-4-1 et seq.) already prohibits local governments from requiring employers to pay employees a wage rate that exceeds what is required under state or federal law. This same law also...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Georgia Enacts New Laws Relating to Paid Sick Leave and Pay for Schedule Changes

by Jones Day on

On May 8, 2017, Georgia Governor Nathan Deal signed two employment-related laws, both of which become effective on July 1, 2017. First, he signed the employee-friendly Act 203 (S.B. 201). Under the new law, if an employer...more

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