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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.

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H.B. 2 Is Repealed, But...What Does This Mean?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North Carolina has repealed House Bill 2.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

Maine Law Court Charts Different Course for Age Discrimination

by PretiFlaherty on

It is not often that the Law Court interprets the Maine Human Rights Act (MHRA) differently from its federal counterparts. In a recent decision, though, the Law Court did exactly that – it held that the standard for...more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

US: Guns at Work: The Implications of the Fifth Circuit’s Recent Decision in Swindol v. Aurora Flight Sciences Corporation

by Dentons on

The US Court of Appeals for the Fifth Circuit’s recent decision in Swindol v. Aurora Flight Sciences Corporation casts new doubt on the enforceability of employer policies prohibiting employees from carrying firearms onto...more

If Pain, Yes Gain—Part XXVII: Maryland Close to Catching Paid Sick Leave Bug

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After several years of failed legislative attempts to pass a statewide paid sick leave law, Maryland is nearing the finish line following the state Senate’s approval of the Maryland Healthy Working Families...more

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

Minnesota Bill to Preempt Local Sick and Safe Leave Ordinances Advances in Legislature

As expected, the Uniform State Labor Standards Act (H.F. No. 600)—a Minnesota bill to preempt local employment law ordinances, including the Minneapolis and St. Paul safe and sick leave ordinances—passed in the state House of...more

Ex-General Counsel Dodged Privilege Claims Before $14.5 Million Verdict

by Zuckerman Spaeder LLP on

In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad. Before Wadler could get to a jury, however, he had to surmount a...more

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

by Genova Burns LLC on

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift...more

The St. Louis Minimum Wage: City’s Press Release Raises More Questions Than it Answers

In our recent blog post, “The St. Louis Minimum Wage Returns From the Dead,” we reviewed the implications of the Supreme Court of Missouri’s Cooperative Home Care, Inc. v. City of St. Louis (No. SC95401) decision, which...more

The St. Louis Minimum Wage Returns From the Dead

On August 28, 2015, the City of St. Louis passed an ordinance raising the minimum wage to $11.00 per hour by January 1, 2018. The ordinance initially increased the minimum wage to $8.25 per hour with an October 15, 2015...more

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

Red State Preemption Of Local Pay Equity Laws? — Stay Tuned

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The 2016 elections had the effect of hardening the Red-Blue divide in the country. A number of Blue cities in Red States are enacting ordinances that implement the progressive political agenda, which of...more

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