News & Analysis as of

Constitutional Challenges First Amendment Preemption

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

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This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Ervin Cohen & Jessup LLP

California Employers Prohibited from Mandatory Religious or Political Meetings

California has a habit of finding creative ways to protect employees from potential instances of discrimination or retaliation, no matter how remote.  ...more

Troutman Pepper Locke

New York City’s Amended Debt Collection Rules Draw Legal Challenge

Troutman Pepper Locke on

New York City’s recently amended debt collection rules — scheduled to go into effect on December 1, 2024 and which would stringently regulate various debt collection activities by debt collectors operating in the city — have...more

Troutman Pepper Locke

California DFPI Wins Big: Federal District Court Holds Commercial Financing Disclosure Regulations Do Not Violate First Amendment...

Troutman Pepper Locke on

On December 4, a federal district court for the Central District of California granted summary judgment in favor of the Commissioner of the California Department of Financial Protection and Innovation (DFPI) finding that...more

Troutman Pepper Locke

Ninth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA...

Troutman Pepper Locke on

Last week, the Ninth Circuit Court of Appeals affirmed a lower court’s denial of preliminary injunctive relief to plaintiffs challenging Nevada Senate Bill 248 (S.B. 248), which places new restrictions on the collection of...more

Ballard Spahr LLP

Ninth Circuit affirms district court’s denial of preliminary injunction to block enforcement of Nevada medical debt collection law

Ballard Spahr LLP on

The U.S. Court of Appeals for the Ninth Circuit, in a 2-1 decision, recently affirmed the district court’s decision denying the plaintiffs’ motion for a temporary restraining order and preliminary injunction to block...more

Goodwin

Florida’s Telephone Solicitation Act Survives First Constitutional Challenge

Goodwin on

Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

Holland & Knight LLP on

"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Best Best & Krieger LLP

The Clash Between Emergency Powers and Individual Rights During COVID-19 Pandemic

Part 1 in a PublicCEO Series - The government’s broad powers to protect the public during declared emergencies are well-established, but this power is not unfettered. Emergency powers exist against a backdrop of individual...more

Payne & Fears

You Can't Ask This: The Spread of Salary History Bans and What It Means for Employers

Payne & Fears on

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...more

Akin Gump Strauss Hauer & Feld LLP

Court Denies Preliminary Injunction in Uber Lawsuit Arguing that California’s AB 5 is Unconstitutional; Other Challenges Continue

- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more

Faegre Drinker Biddle & Reath LLP

The United States Supreme Court Granted Review in 3 Cases This Past Week

Rutledge v. Pharmaceutical Care Management Ass’n, No. 18-540. Most states have enacted legislation regulating “pharmacy benefit managers”— businesses that act as middlemen between health insurers and pharmacies, earning...more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...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

Seyfarth Shaw LLP on

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

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

Union (In)Security: SCOTUS Prohibits Public Sector Union Security and Missouri May Tip The Private Sector Scales

The decades-long battle over union security faces two important pivot points during the summer of 2018. On June 27, 2018, the Supreme Court of the United States handed unions a major defeat in the season’s first major fight. ...more

Bass, Berry & Sims PLC

Fair Pay and Safe Workplaces Not “Fair” to Contractors, According to Texas Judge

Bass, Berry & Sims PLC on

On October 24, 2016, U.S. District Judge Marcia Crone granted a preliminary injunction to halt the implementation of the “Fair Pay and Safe Workplaces” Executive Order 13673 (EO 13673), implementing provisions of the Federal...more

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