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Retaliation Preemption

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

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Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

Dorsey & Whitney LLP

The Supreme Court Update - October 16, 2023

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On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more

Genova Burns LLC

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Genova Burns LLC on

On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more

Bond Schoeneck & King PLLC

Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center...more

Hinshaw & Culbertson - Employment Law...

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

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

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

Washington State Takes on the Arbitration of Harassment and Discrimination Claims

Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement. As we previously reported, on March...more

Sheppard Mullin Richter & Hampton LLP

Southern District of New York Invalidates State Ban on Mandatory Arbitration of Harassment and Discrimination

On June 26, 2019, Southern District of New York Judge Denise Cote granted a motion to compel arbitration of a plaintiff’s sexual harassment claims finding that the New York State prohibition on mandatory arbitration of sexual...more

Epstein Becker & Green

New Jersey Responds to the #MeToo Era by Broadly Banning “Waiver of Rights” and Nondisclosure Provisions in Employment Agreements

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On March 18, 2019, New Jersey Governor Phil Murphy signed S121 (“Law”), a measure that will have immediate and significant impact on the enforceability of “waiver of rights” provisions in employment contracts and...more

Poyner Spruill LLP

Title IX - A New Pathway for Sex Discrimination Claims by Medical Residents?

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Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (Title IX) has received a lot of attention recently for its impact on college athletic programs. Both male and female sports have grown increasingly...more

Epstein Becker & Green

Maryland Enacts New Sexual Harassment Law

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On May 15, 2018, Maryland Governor Lawrence Hogan approved new legislation intended to respond to the #MeToo movement. Effective October 1, 2018, the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”)...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

Foster Garvey PC

Predictable Work Schedules: Oregon Blazes a Trail

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Oregon is poised to become the first state in the country to require larger food service, retail and hospitality employers to provide their hourly workers predictable schedules – or to pay the price. This is the second of two...more

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

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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

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

FordHarrison

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

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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

Seyfarth Shaw LLP

RLA “Minor Dispute” Preemption Alive and Well As a Potential Defense in State Court

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An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines,...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Burr & Forman

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

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The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Sherman & Howard L.L.C.

SOX Squelches Arbitration of Entangled Claim

In Laubenstein v. Conair Corp., No. 5:14-cv-05227 (W.D. Ark. Nov. 19, 2014), Plaintiff claimed retaliation under the Sarbanes-Oxley Act (“SOX”) and a state-law claim for wrongful termination. A recent amendment to SOX...more

Morrison & Foerster LLP

Ventress III Provides Another Tool for Airlines: Ninth Circuit Says Federal Aviation Act Preempts Pilot’s State Law Employment...

On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more

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