News & Analysis as of

Preemption Wages

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

First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims

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

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Seyfarth Shaw LLP

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in...more

Seyfarth Shaw LLP

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

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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

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

Littler

WPI Wage Watch: Minimum Wage & Overtime Updates (January Edition)

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Since we published our annual article discussing minimum wage rates in 2017, many state and local jurisdictions have adjusted their minimum wage rates, state legislative sessions have begun, signatures have been collected for...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Franczek P.C.

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

Franczek P.C. on

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

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

Massachusetts SJC Holds That Wage Act Does Not Preempt Common Law and Equitable Claims for Unpaid Wages

The Massachusetts Supreme Judicial Court (SJC) has overruled a Superior Court decision holding that a state statute requiring payment of wages preempts common law and equitable causes of action for recovery of unpaid wages....more

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

California Courts Differ On FAAAA Preemption And Flexibility Provided By Brinker

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (FAAAA) continues to zigzag through California’s federal courts. When...more

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

FAAAA Preemption Continues to Zigzag Through California Courts

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through California’s federal courts. In...more

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