News & Analysis as of

Preemption 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

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

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A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Benesch

New York Challenges Captive Audience Meetings with Long-Rejected Principle

Benesch on

On September 6, 2023, New York Governor Kathy Hochul signed legislation prohibiting employers from disciplining employees who choose not to attend captive audience meetings. Enactment of this legislation comes as no surprise,...more

Fox Rothschild LLP

Federal Preemption Defense In FLSA Lawsuit—Good Tactic!

Fox Rothschild LLP on

In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it involves union contract interpretation, the...more

Miles & Stockbridge P.C.

Supreme Court: Companies Can Sue Unions for Property Damage Caused During a Strike

The Supreme Court came down hard on unions last month when it held that a company may bring state law tort claims against a union for property damage caused during a strike. The Court held that the federal law governing labor...more

Littler

Littler Lightbulb – June Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. At the Supreme Court...more

Franczek P.C.

Supreme Court Affirms the Right to Strike Is Not Absolute When Union Fails to Take Reasonable Steps to Mitigate Property Damage

Franczek P.C. on

In Glacier Northwest v. International Brotherhood of Teamsters Local No. 174, the U.S. Supreme Court held—in a near-unanimous opinion earlier this month—that the National Labor Relations Act (NLRA) did not preempt a company’s...more

Littler

Illinois Governor Amends Labor Disputes Act

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On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Epstein Becker & Green

Supreme Court Recognizes Employer Right to Damages From Unions When Certain Types of Strike Activity Results in Economic Harm –...

Epstein Becker & Green on

Management-side attorneys and the businesses that they represent will be pleased with the Supreme Court’s holding in Glacier Northwest, Inc. v. International Brotherhood of Teamsters....more

McNees Wallace & Nurick LLC

The Supreme Court Sides with Employers on the Right to Sue Unions

On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more

Benesch

Supreme Court Rules that Union May Be Liable for Damage Caused by Strike

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In a strikeout for organized labor, the United States Supreme Court recently held that an employer may pursue a lawsuit based on damage caused to its property by a strike. Glacier Northwest, Inc., a company which...more

Morgan Lewis

US Supreme Court Says Egregious Strike Misconduct Subject to Employer State Court Damages Action

Morgan Lewis on

In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more

Parker Poe Adams & Bernstein LLP

SCOTUS Opens the Door to Increased Union Liability for Strike Damages

On June 1, 2023, the U.S. Supreme Court delivered an 8-1 opinion that limits the protections available to unions for damages caused during a strike. In Glacier Northwest v. International Brotherhood of Teamsters, Local Union...more

Littler

Supreme Court Holds Employers Can Sue for Strike Damages

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On June 1, 2023, in Glacier Northwest v. Teamsters, the United States Supreme Court ruled for the employer in a case with significant implications for the right of unions to strike and the right of employers to respond to...more

Miller Canfield

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

Miller Canfield on

Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

Holland & Knight LLP

U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

Holland & Knight LLP on

In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more

Seyfarth Shaw LLP

Did the NLRB Preempt Non-Compete Litigation?

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

The Supreme Court Pours Some Concrete on the Right to Strike

Seyfarth Shaw LLP on

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

Dorsey & Whitney LLP

The Supreme Court Update - June 1, 2023

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Today, the Supreme Court of the United States issued three decisions: Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union, No. 174, No. 21-1449: This case involved the preemptive force of...more

Fisher Phillips

Supreme Court Ruling Makes It Easier for Employers to Recover Damages Caused by Union Strike Misconduct

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The Supreme Court delivered welcome news yesterday to employers seeking to sue and recover economic damages from labor unions, ruling that federal labor law does not prevent them from filing state law claims for intentional...more

Fisher Phillips

SCOTUS Predictions: Will the Supreme Court Make it Easier to Hold Unions Liable for Strike Misconduct?

Fisher Phillips on

The Supreme Court recently heard arguments in a case that could make it easier for employers to sue and recover damages from labor unions that damage an employer’s property during a strike. The issue before SCOTUS in Glacier...more

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

Beltway Buzz - October 2022

Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more

Jenner & Block

Seventh Circuit Offers Useful Reminders about Removal

Jenner & Block on

In Railey v. Sunset Food Mart, Inc., -- F.4th --, No. 21-2533, 2021 WL 4808222 (7th Cir. Oct. 15, 2021), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s order remanding a class action asserting...more

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

Beltway Buzz - October 2021 #4

Congress: Lather. Rinse. Repeat. After scuttling plans last month to vote on both a $1.2 trillion bipartisan “hard infrastructure” bill that the U.S. Senate approved, 69–30, on August 10, 2021, and a proposed $3.5 trillion...more

Littler

Can't it be about Cannabis? Connecticut Seeds the Path to Unionization

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Connecticut recently legalized recreational marijuana use by adults. The new law creates complex employment protections for recreational marijuana users. The same legislation also includes provisions that strongly encourage...more

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