News & Analysis as of

Fourteenth Amendment Unions

Sheppard Mullin Richter & Hampton LLP

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more

Jackson Lewis P.C.

OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

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The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of...more

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

MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that...more

FordHarrison

New Collective Bargaining Agreement for Minneapolis Teachers Will Structure Layoffs by Race

FordHarrison on

Executive Summary: Minneapolis public school teachers of color will have additional job protections this upcoming school year under a new contract allowing them to keep their jobs rather than white instructors with more...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...

Miller Starr Regalia on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

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

Franczek P.C.

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

Franczek P.C. on

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...

Epstein Becker & Green on

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

Miller Canfield

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

Miller Canfield on

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

CDF Labor Law LLP on

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

Nossaman LLP on

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

Miller Starr Regalia

Supreme Court Issues Major Property Rights Decision in Favor of Landowners, Confirming that Government-Sanctioned Physical...

Miller Starr Regalia on

In a 6-3 opinion written by Chief Justice John Roberts, Cedar Point Nursery v. Hassid, __ U.S. __ (2021) (Case No. 20-107), the Supreme Court issued a major property rights decision in favor of landowners in a case addressing...more

Ballard Spahr LLP

Supreme Court Holds That Regulation Allowing Access to Farmers' Property Is a Per Se Physical Taking

Ballard Spahr LLP on

A ruling from the U.S. Supreme Court this week may have altered the landscape of takings claims by expanding the scope of physical takings. Since the landmark case of Penn Central Transportation Co. v. New York City, 438 U.S....more

Beveridge & Diamond PC

Supreme Court Finds Fifth Amendment Taking in State Regulation Granting Access to Private Property

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In a major victory for property owners facing state and local land use regulation, the U.S. Supreme Court on Wednesday ruled 6-3 that a California regulation granting union organizers the right to access private property is a...more

Dorsey & Whitney LLP

U.S. Supreme Court Decision Affects California Agricultural Growers

Dorsey & Whitney LLP on

On-farm agriculture operations have been excluded from federal labor law since 1935. California filled this gap by creating its own law in 1975, the California Agricultural Labor Relations Act (“ALRA”)....more

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