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Corporate Counsel Preemption

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

Venable LLP on

In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Fox Rothschild LLP

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

Fox Rothschild LLP on

Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more

BakerHostetler

Sunshine State Update: New Florida Law Forbids Local Employment Regulation in Three Areas

BakerHostetler on

House Bill 433 – effective July 1, 2024 – strips local Florida governments of their power to regulate employers in three important areas. First, the new law preempts local governments from creating heat exposure regulations. ...more

Benesch

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

Benesch on

The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

Epstein Becker & Green

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

Epstein Becker & Green on

As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...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

McDermott Will & Schulte

Free Speech Illuminates Right to Allege Infringement

The US Court of Appeals for the Federal Circuit reversed a district court’s preliminary injunction prohibiting a patent owner from communicating its view that a competitor infringed, finding that the speech restriction was...more

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

Montana’s Vaccination Discrimination Law: Federal Court Blocks Enforcement

On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on...more

Hicks Johnson

Appellate Courts Provide Guidance on Jurisdiction for Climate Change Lawsuits

Hicks Johnson on

The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK-Listed Issuers Under Financial Stress Gain Latitude in Secondary Capital Raisings

As the U.K. faces what the Bank of England recently described as “very challenging” times, with the possibility of the U.K.’s “longest recession since records began,” issuers listed on the London Stock Exchange should pay...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Mintz - Employment Viewpoints

Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health

On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more

Littler

Impacts of the Dobbs Decision on Employer Benefit Plans

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As predicted, the United States Supreme Court issued its final decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark 1973 case Roe v. Wade, which held the U.S. Constitution protected the right of...more

Morgan Lewis

US Supreme Court Finds Individual PAGA Claims Can Be Compelled to Arbitration

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The US Supreme Court has issued its highly anticipated opinion in Viking River Cruises Inc. v. Moriana, on whether the Federal Arbitration Act (FAA) preempts California law that invalidates contractual waivers in arbitration...more

BakerHostetler

Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision

BakerHostetler on

On June 15, the U.S. Supreme Court finally brought closure to the long-running, unsettled issue of whether California’s prohibition against arbitration agreement waivers of the right to bring representative actions under the...more

Payne & Fears

U.S. Supreme Court Holds Individual PAGA Claims Are Arbitrable

Payne & Fears on

In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...more

Goodwin

Florida’s Telephone Solicitation Act Survives First Constitutional Challenge

Goodwin on

Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more

Morgan Lewis

Considerations for Employers and Employer Plan Sponsors Related to Potential Changes in the Effect of Roe v. Wade

Morgan Lewis on

Various media outlets published a draft US Supreme Court opinion overturning Roe v. Wade late on May 2. The Supreme Court confirmed the authenticity of the document on May 3 but cautioned that the opinion was still in process...more

Morrison & Foerster LLP - Class Dismissed

Till The Cows Come Home: Tenth Circuit’s Affirmation Of Federal Preemption Is A Win For Defendants In Food Labeling Cases

The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628...more

Hicks Johnson

Tenth Circuit Provides Guidance on Jurisdiction for Climate Change Lawsuits

Hicks Johnson on

On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more

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

Does the Federal Arbitration Act Preempt California’s Private Attorneys General Act? Supreme Court Takes Up Million-Dollar...

On March 30, 2022, the Supreme Court of the United States will hear the matter of Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. The Court will answer the question, “Whether the Federal Arbitration Act requires...more

Skadden, Arps, Slate, Meagher & Flom LLP

Issues on the Horizon at the US Supreme Court: 2022 and Beyond

Takeaways - Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies. The preemption of state employment laws by...more

Proskauer Rose LLP

10 Developments That Shaped Employment Law In 2021

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2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

Lowndes on

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Littler

Day 2: Application of Florida’s Vaccine Mandate Law

Littler on

As we relayed in our prior ASAP, Governor DeSantis signed HB-1B into law on November 18, potentially affecting all Florida employers and certainly causing many to reconsider any policies already adopted relating in any way to...more

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