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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.

Federal Legislation Would Pre-empt State and Local Laws in Return for Guaranteed Paid Leave

On November 2, Republican congresswomen introduced legislation that would relieve employers from the growing patchwork of state and local paid employee leave laws in return for their guarantee of certain paid benefits. The...more

Congress Tackles Federal Paid Leave with Flexible Work Standards Bill

by Ballard Spahr LLP on

U.S. Representative Mimi Walters (R-CA) last week introduced bill H.R. 4219, "Workflex in the 21st Century Act," which, if passed, will create a voluntary program through which employers can opt to offer employees a...more

Ninth Circuit Clarifies State Laws Regulating Insurance Do Not Void Discretionary Clauses In Self-Funded ERISA Plans

by Benesch on

The Ninth Circuit recently held discretionary clauses in a self-funded plan were valid and that California Insurance Code § 10110.6, banning discretionary clause relating to insurance, was preempted by ERISA when applied to a...more

Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions...

The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more

California Supreme Court To Decide Whether OSHA Preempts District Attorney UCL Suit Over Workplace Safety

by Fox Rothschild LLP on

In 2009, a tragic accident occurred at a manufacturing plant in Orange County when a water heater exploded and killed two employees. The incident was duly investigated by Cal OSHA, and criminal charges were eventually brought...more

When Your Employee Gets the Wrong Advice From “Attorney” Google

by Shipman & Goodwin LLP on

So, a couple of months back, I talked about how separation agreements for small employers might not be covered by the federal law that covers such agreements. After all, since the Age Discrimination in Employment Act only...more

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

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