News & Analysis as of

Collective Bargaining Agreements (CBA) Preemption Unions

Jackson Lewis P.C.

Many States’ Employee-Friendly Labor Laws Take Effect as NLRB Remains Quorum-Less

Jackson Lewis P.C. on

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

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

Littler

Littler Lightbulb – June Employment Appellate Roundup

Littler on

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

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

Stokes Wagner

LMRA Defense to BIPA Lawsuits in Illinois

Stokes Wagner on

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

FordHarrison

U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge

FordHarrison on

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

Littler

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

Littler on

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 Shaw LLP

No Preemption Where Labor Code Doesn’t Require Consulting A CBA

Seyfarth Shaw LLP on

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

Fisher Phillips

When Union Contracts And Overtime Law Conflict: Court Provides Balance For Employers

Fisher Phillips on

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

Fox Rothschild LLP

LMRA Preemption Defense Works Yet Again: Defense Counsel Should Always Look for It!

Fox Rothschild LLP on

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

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• 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

Holland & Knight LLP

New Employer Guidance for Illinois Biometric Information Litigation

Holland & Knight LLP on

• The number of class actions brought under Illinois' Biometric Information Privacy Act (BIPA) has increased substantially each year since its passage in 2008. • One of the main issues facing litigants is what constitutes...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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

Snell & Wilmer

The Ninth Circuit Reiterates State Law Applies to Non-Preempted Claims under the Labor Management Relations Act

Snell & Wilmer on

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently provided much needed clarification of the standard for when a unionized employee’s claim may be preempted under § 301 of the Labor Management...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...

Holland & Knight LLP on

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

FordHarrison

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

FordHarrison on

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

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