The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Hoops and Legal Loops: The Dearica Hamby Case Explained
Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II
The Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part I
DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
Inside the NBA with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and T-Wolves Gaming
#WorkforceWednesday: How the NLRB’s Labor-Friendly Actions Are Affecting Union and Non-Union Employers - Employment Law This Week®
#WorkforceWednesday: Return-to-Work Behavior Policies, U.S. Soccer's Landmark Agreement, and Board Diversity in California - Employment Law This Week®
Labor & Employment Law: Vermont and Federal Legislative Update
When Dr. Strangelove Met Jimmy Hoffa
#WorkforceWednesday: Coronavirus Tough Questions – Furloughs and Reductions, Unionized Workforces, Employee Benefits - Employment Law This Week®
I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...more
The CBA controls. EDITOR’S NOTE: A version of this post was previously published as an article in Hackney Publications’ Sports Litigation Alert. A federal court in California has granted a motion by the National...more
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
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
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
The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more
Last week, the Illinois Supreme Court put an end to the streak of unfavorable Illinois Biometric Information Privacy Act (BIPA) opinions for defendants before that court. In Walton v. Roosevelt University, the...more
We share news of a significant defense victory before the Illinois Supreme Court in a claim involving the Illinois Biometric Information Privacy Act (BIPA). In a case argued by Hinshaw partner John Ryan, the Supreme Court...more
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
The Occupational Safety and Health Administration ("OSHA") published a new Emergency Temporary Standard ("ETS") in the Federal Register today. This is the workplace vaccine mandate promised by President Biden on September...more
Zuniga v. Alexandria Care Ctr., LLC, 67 Cal. App. 5th 871 (2021) Summary: An expert may rely on inadmissible evidence to form an opinion if the source is reliable. Facts: Plaintiff Rosalinda Zuniga was employed by...more
"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more
Unionized employers in Illinois may have a useful defense to expensive employee BIPA lawsuits: the management rights clause and federal preemption law. A grievance might be a lot cheaper than a lawsuit....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
California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) - Summary : The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a...more
On February 2, 2021, the Ninth Circuit Court of Appeals issued a decision that affects all California employers that employ interstate transportation workers. In Ward v. United Airlines, the court held that federal law did...more
Relying on a successful preemption defense, Jackson Park SLF, LLC (“Jackson Park”) recently defeated a biometric privacy suit claiming it improperly used employees’ fingerprints to track time and attendance without first...more
On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby...more
As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent...more
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
Seyfarth Synopsis: The California Supreme Court held that the Labor Management Relations Act does not preempt claims under the Labor Code where a defense requires little more than referring to a collective bargaining...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
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
A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...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