In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more
On March 23, 2023, the Illinois Supreme Court issued an opinion in Walton v. Roosevelt University, 2023 IL 128338 that affirms the validity of an important preemption defense for employers facing litigation under the Illinois...more
Seyfarth Synopsis: On March 23, 2023, the Illinois Supreme Court unanimously affirmed the appellate court’s decision in Walton v. Roosevelt University, ruling that the Labor Management Relations Act (“LMRA”) preempts the...more
On March 30, 2022, a panel in the Third Circuit Court of Appeals overruled nearly 30-year-old precedent and held that arbitration provisions do not survive the expiration of a collective bargaining agreement (CBA) in...more
On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
The case relates to the disposition of accrued vacation time of unionized nurses after a new employer (Prospect) assumed a collective bargaining agreement. Prospect construed the collective bargaining agreement differently...more
An arbitration award rendered pursuant to section 301 of the Labor Management Relations Act (LMRA) was overturned upon a finding that the award was “grossly excessive” and based on an “evident material miscalculation.” ...more
The federal appeals court that oversees cases arising from California recently handed down an opinion that helps provide guidance to those employers trying to comply with collective bargaining agreements while simultaneously...more
California has a reputation for strictly enforcing its wage and hour laws regardless of federal law or an agreement between the parties. But the United States Court of Appeals for the Ninth Circuit recently held that these...more
Employers should always look for a preemption defense when a FLSA suit is lodged against a unionized client. Clear proof of that was just given by the Ninth Circuit when that Court held that unionized offshore oil rig...more
In Cup v. Ampco Pittsburgh Co., 2018 WL 4101049 (3rd Cir. Aug. 29, 2018), the Third Circuit addressed a case concerning the arbitrability of benefit claims by retirees in the context of collective bargaining agreements...more
Welcome to the first edition of ERISA & Employee Benefits Alert. Our ERISA and Managed Care Group will be providing curated insights and news concerning notable ERISA and managed care issues that highlight current or emerging...more
• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more
In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more
For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more
In conjunction with the start of the Supreme Court’s new term, Eversheds Sutherland took a look back at the Court’s work in employee benefit cases since the enactment of ERISA. We found an astonishing 128 decisions, spanning...more
In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in...more
Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more
The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently provided much needed clarification of the standard for when a unionized employee’s claim may be preempted under § 301 of the Labor Management...more
On August 16, 2016 the N.J. Supreme Court held, in a 6-0 opinion, that neither the federal Labor Management Relations Act nor the National Labor Relations Act preempts a claim under the Conscientious Employee Protection Act...more
Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more
On Wednesday, January 6, 2016, the New Jersey Supreme Court heard arguments in Puglia v. Elk Pipeline, Inc., on whether claims under the New Jersey Conscientious Employee Protection Act (“CEPA”) were preempted by the federal...more