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Preemption Prevailing Wages

Ogletree, Deakins, Nash, Smoak & Stewart,...

Arizona Court Nullifies Two City Ordinances on Prevailing Wage

The Superior Court of Arizona recently confirmed that state law preempts two local ordinances in Phoenix and Tucson that were set to take effect on July 1, 2024, and would have required construction companies that contract...more

Littler

Up in Smoke? New Wisconsin Governor Proposes Marijuana Legalization and Host of New Employment Laws

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Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. ...more

Fox Rothschild LLP

Defense Counsel Should Always Consider Preemption Motions To Dismiss In FLSA Cases When State Common Law Claims Are Asserted

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Where a plaintiff files a FLSA (or other statutory wage hour) lawsuit, he may well file state law, tort-like claims, such as unjust enrichment, breach of contract, fraud and others. Usually, if not always, those claims/counts...more

Seyfarth Shaw LLP

The State Of Union Funding - California And The Ninth Circuit Show How States Might Try To Mitigate The Effect of Janus

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Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just...more

Genova Burns LLC

N.J. Supreme Court Rejects Defense of Federal Labor Law Preemption of CEPA Claim in Underlying Unpaid Wage Action

Genova Burns LLC on

On August 16, 2016 the N.J. Supreme Court held, in a 6-0 opinion, that neither the federal Labor Management Relations Act nor the National Labor Relations Act preempts a claim under the Conscientious Employee Protection Act...more

Seyfarth Shaw LLP

New Jersey Supreme Court Takes on Preemption of CEPA Whistleblower Claims

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On Wednesday, January 6, 2016, the New Jersey Supreme Court heard arguments in Puglia v. Elk Pipeline, Inc., on whether claims under the New Jersey Conscientious Employee Protection Act (“CEPA”) were preempted by the federal...more

Proskauer - Government Contractor Compliance...

Second Circuit Reaffirms Preemptive Scope Of The Davis-Bacon Act

Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more

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