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Cedar Point Nursery v Hassid Fifth Amendment

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

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When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Troutman Pepper

Supreme Court Business Review: Significant Business Cases & Trends, 2019–2020 Terms

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The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of...more

Whitman Legal Solutions, LLC

Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more

Miller Starr Regalia

Keep Out And Stay Out: The Cedar Point Decision And The Landowner’s Sine Qua Non Right To Exclude Others (Maybe Sometimes Even A...

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The latest United States Supreme Court decision in the contested ground of Fifth Amendment takings law, Cedar Point Nursery v. Hassid, is yet another chapter in the long-standing argument regarding the distinction between...more

Kramer Levin Naftalis & Frankel LLP

The Supreme Court Further Expands the Definition of a Physical “Taking” of Property That Violates Fifth Amendment Protections

At the end of its recent term, the U.S. Supreme Court handed down a new decision on the law of takings. The case, Cedar Point Nursery v. Hassid, was a labor relations dispute disguised as a takings case, but its resolution...more

Adler Pollock & Sheehan P.C.

Give And Take: How The U.S. Supreme Court’s Ruling In Cedar Point Nursery v. Hassid May Impact Rhode Islanders Who Own Property...

Rhode Island is a small state favored with many natural attractions, not the least of which are its 400 miles of shoreline and more than 8,200 acres of public parks and recreation areas. Such lands frequently abut private...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

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Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more

Snell & Wilmer

A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California

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In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the...more

McNees Wallace & Nurick LLC

SCOTUS Takes the Power Back: Strikes Down a California Rule Giving Union Organizers the Right to Access Employers’ Land

The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises.  The Court held that by requiring employers to provide such...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Kelley Drye & Warren LLP

Supreme Court Decision in Cedar Point Nursery v. Hassid May Provide Businesses New Opportunity to Challenge Regulations

On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, a case involving a California regulation that requires employers to allow union organizers to enter their property to solicit members. In a 6-3 ruling...more

ArentFox Schiff

Supreme Court: California Can’t Require Union Access To Employer’s Premises for Organizing

ArentFox Schiff on

In a major property rights decision, the US Supreme Court held that the federal Constitution protects against a state mandating union access to an employer’s private property for organizing purposes. Its decision in Cedar...more

Proskauer - Labor Relations Update

Access Denied: Supreme Court Finds California Regulation Permitting Union Access to Employer Property Constitutes An...

In a 6–3 decision, the U.S. Supreme Court held on June 23, 2021 that a California regulation granting labor organizers the “right to take access” to agricultural employers’ private property to solicit union support violated...more

Seyfarth Shaw LLP

SCOTUS Strikes Down Restriction on Excluding Organizers from Private Property

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Seyfarth Synopsis: California agricultural employers won big before the United States Supreme Court on Wednesday. In Cedar Point Nursery v. Hassid, the Court deemed unconstitutional a California labor regulation which...more

Maynard Nexsen

Supreme Court Reinvigorates Property Rights of Employers

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Union organizing often collides with an employer’s private property rights. In a decision issued this month, Cedar Point Nursery v. Hassid, the United States Supreme Court ruled in favor of the right to protect private...more

Seyfarth Shaw LLP

In Cedar Point Nursery, the United States Supreme Court Strikes Down Restriction on the Right to Exclude Union Organizers from...

Seyfarth Shaw LLP on

Seyfarth Synopsis: California agricultural employers won big before the United States Supreme Court on Wednesday. In Cedar Point Nursery v. Hassid, the Court deemed unconstitutional a California labor regulation which...more

Nossaman LLP

SCOTUS’ Take On Takings

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The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more

Franczek P.C.

U.S. Supreme Court Strikes Down California Union Access Regulation

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In a 6-3 decision, the U.S. Supreme Court, in a decision issued on June 23, 2021 struck down a California state law requiring agricultural employers to grant union organizers access to their property. The Court determined the...more

Sherman & Howard L.L.C.

The U.S. Supreme Court Finds California Organizing Regulation Is A Per Se Physical Taking

On June 23, 2021, the U.S. Supreme Court reversed the Ninth Circuit and held that a California state law allowing limited organizing activity on employer’s farms is unlawful because it is a physical taking of the employer’s...more

Epstein Becker & Green

#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This...

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It's #WorkforceWednesday! This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor. Employers Implement Mandatory Vaccination...more

Husch Blackwell LLP

Update On Union Access To Property

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On January 6, 2021, we blogged about two California farms’ challenges to California’s regulation requiring agricultural producers to grant unions access to their property to recruit workers. The regulation required access...more

Miller Canfield

Supreme Court Holds Union Organizer Entry on Private Property Violates 5th Amendment

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In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more

CDF Labor Law LLP

SCOTUS Decides Two Cases with Labor and Employment Law Implications

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The United States Supreme Court recently issued two decisions related to California labor and employment law.  In one decision, the Court held that a California regulation allowing labor organizers a right to access...more

Downey Brand LLP

US Supreme Court Confirms Farmers’ Private Property Rights

Downey Brand LLP on

On June 23, 2021, the Supreme Court of the United States in Cedar Point Nursery v. Hassid held in a 6–3 decision that Cal. Code Regs., tit. 8, § 20900(e)(1)(c)—which granted union organizers a right of access to private farm...more

Nossaman LLP

SCOTUS Takings Decision a Huge Victory for Property Owners: California Regulation Requiring Access Is a Taking

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On June 23rd, the United States Supreme Court held that a California regulation allowing labor organizations to intermittently access agricultural employers’ property was an unconstitutional taking. The Court reversed the...more

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