News & Analysis as of

Preemption Right to Work

Littler

Bucking the Right-to-Work Trend, Illinois Passes Ban on Right-to-Work Zones

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On April 12, 2019, Illinois Governor J.B. Pritzker (D) signed legislation effectively banning local governments from passing right-to-work ordinances. Public Act 101-0003, titled the “Collective Bargaining Freedom Act,”...more

Littler

New Mexico, New Laws: “Right-to-Work” Preemption, Gender-Neutral Restrooms, Criminal History Checks — and More

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New Mexico’s state legislature has been busy over the past few weeks acting on bills introduced earlier this year. The state has enacted at least nine new laws affecting employers, covering many topics from health care access...more

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

Minnesota Legislative Update, Part II: Bills to Watch

In part one of this series, we reported on several legislative developments in Minnesota that could impact employers. Now the Minnesota Legislature has proposed more bills affecting the workplace....more

Littler

Up in Smoke? New Wisconsin Governor Proposes Marijuana Legalization and Host of New Employment Laws

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Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. ...more

Jackson Lewis P.C.

NLRA Preempts Municipality’s Right-To-Work Ordinance, Seventh Circuit Holds

Jackson Lewis P.C. on

While the National Labor Relations Act allows states to enact right-to-work laws, it does not authorize local municipalities to do so, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held. I.U.O.E. Local...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

Littler

WPI State of the States — Legislative Proposals Are Taking Root

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As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Seyfarth Shaw LLP

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

Littler

WPI State of the States: Legislatures Saw a Flurry of Activity in February

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Statehouses across the country continue to propose legislation at a frenzied pace. In February, as in January, more than 500 bills concerning labor and employment issues were either introduced or addressed in some fashion....more

Littler

State of the States: Legislatures are off to the Races!

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Most state legislatures are back in session, and they are poised to address a wide range of labor and employment issues this year. Since January 1, 2017, more than 500 employment-related bills have been proposed in more than...more

Franczek P.C.

Federal Court Strikes Down Lincolnshire’s “Right to Work” Ordinance

Franczek P.C. on

Recently, the U.S. District Court for the Northern District of Illinois held that the Village of Lincolnshire’s municipal ordinance regulating union activities was invalid under federal law. The ruling is a defeat for...more

Holland & Knight LLP

Courts Disagree on Whether Locally Enacted "Right-to-Work" Laws Are Pre-empted by the NLRA - Illinois District Court and Sixth...

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The National Labor Relations Act (NLRA) generally permits private sector employers and unions to agree to include "union security" provisions in their collective bargaining agreements. Union security provisions promote...more

Jackson Lewis P.C.

Federal Court Paves Way for Local ‘Right to Work’ Laws

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Local governments may enact “right to work” laws, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has held. United Auto Workers v. Hardin County, No. 16-5246 (Nov. 18, 2016). The Court ruled that such a law is...more

Proskauer - Labor Relations Update

Federal Appeals Court Rules Counties May Enact Right To Work Laws

The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more

Franczek P.C.

Federal Court Strikes Down Kentucky County Right to Work Ordinance

Franczek P.C. on

A federal district court has ruled that the National Labor Relations Act (NLRA) preempts a county government from enacting a right-to-work ordinance applicable only to that county. The decision from the U.S. District Court...more

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

Indiana’s Right-to-Work Statute Survives First Challenge While Court Clarifies Statutory Ambiguities

On February 1, 2012, Indiana became the 23rd “right-to-work” (RTW) state. Since that date, unions have filed two lawsuits in Indiana federal courts hoping to overturn the law on different grounds. One of those lawsuits,...more

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