News & Analysis as of September 19, 2024

Hiring & Firing › Preemption

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Epstein Becker & Green on 4/9/2024

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer. While the FCRA can impose burdensome requirements on the...more

“Equivalent Benefits” Requirements for Illinois Staffing Employees Temporarily Enjoined

Smith Gambrell Russell on 3/21/2024

The U.S. District Court for the Northern District of Illinois (the “District Court”) recently entered a temporary injunction halting enforcement of certain benefits-related provisions under the Illinois Day and Temporary...more

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

Epstein Becker & Green on 11/29/2023

As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Did the NLRB Preempt Non-Compete Litigation?

Seyfarth Shaw LLP on 6/6/2023

Over last week, two seemingly unconnected events happened that impact restrictive covenant and labor law. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that certain...more

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

Ninth Circuit Holds That California AB 51 Is Preempted by the FAA

McDermott Will & Emery on 2/28/2023

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California

Littler on 2/20/2023

In a significant win for California employers, the Ninth Circuit Court of Appeals, in Chamber of Commerce v. Bonta,1 affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

Ninth Circuit Blocks California’s Ban on Mandatory Arbitration in Employment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/17/2023

On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...more

Congress Eases Criminal Offense Restrictions for Employment With Financial Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/27/2023

Included in the defense spending bill signed by President Biden in December 2022 is a section with key provisions for financial institutions that will ease restrictions on hiring candidates with criminal records....more

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on 12/8/2022

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

The Top 14 Workplace Law Stories from July 2022

Fisher Phillips on 8/4/2022

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

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on 8/2/2022

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Supreme Court Steps on the Brakes: How Its Recent AB 5 Decision Will Throw California’s Trucking Industry into Disarray

Fisher Phillips on 7/18/2022

While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that...more

#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave -...

Epstein Becker & Green on 6/22/2022

This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois. SCOTUS: FAA Preempts California’s PAGA Loophole Last week, the U.S. Supreme...more

OFCCP Week In Review: June 2022 #2

DirectEmployers Association on 6/13/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

No Temporary Relief for NYC Hotels from Severance Law

Proskauer Rose LLP on 4/6/2022

As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more

Franchisor 101: Preemption Preempted

Lewitt Hackman on 3/31/2022

Patel v. 7-Eleven, a case in Massachusetts, has been closely watched since the ABC test took hold of franchise relationships in employee misclassification cases across the country. A putative class of 7-Eleven franchisees...more

Ninth Circuit Decision Creates Uncertainty for California Employers Using Mandatory Arbitration Agreements

Polsinelli on 9/30/2021

On September 15, 2021, the Ninth Circuit, in a 2-1 split decision, partially upheld a California law passed in 2019 governing the use of mandatory arbitration agreements by employers in California. The state law, AB 51...more

Federal Law Doesn’t Preempt AB 5, Ninth Circuit Rules

Manatt, Phelps & Phillips, LLP on 6/1/2021

In the latest chapter of the independent contractor or employee saga in California, the U.S. Court of Appeals for the Ninth Circuit, in California Trucking Ass’n v. Bonta, ruled that federal law doesn’t preempt AB 5, the...more

Fifth Circuit Rules that Project Completion Bonus is Not an ERISA Severance Plan

Proskauer - Employee Benefits & Executive... on 4/1/2021

Whether a one-time payment of benefits constitutes an employee benefit plan under ERISA has been the source of some consternation in the courts for many years. The Fifth Circuit, in Atkins v. CB&I, LLC, recently had occasion...more

California Employment Law Notes - November 2020

Proskauer - California Employment Law on 12/3/2020

Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” - Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) - Allstate terminated Michael Tilkey, a 30-year employee who sold life...more

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

Hinshaw & Culbertson - Employment Law... on 5/22/2020

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

Employee Benefit Plan Review – From the Courts

Rivkin Radler LLP on 4/6/2020

Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement...more

#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law...

Epstein Becker & Green on 2/19/2020

It’s #WorkforceWednesday, featuring Employment Law This Week®, blog posts, client alerts, and other helpful resources from Epstein Becker Green’s Employment, Labor & Workforce Management practice. Get the information you need...more

Federal Judge Grants Preliminary Injunction to Prevent Enforcement of California’s Controversial New Independent Contractor...

Epstein Becker & Green on 2/3/2020

As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more

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Hiring & Firing › Preemption

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