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Employees › Preemption › Employer Liability Issues

Seyfarth Shaw LLP

Waiver Goodbye – Continued FMCSA Preemption Of Meal And Rest Periods For California and Washington Drivers

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In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the California Attorney...more

Littler

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

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On July 24, 2024, the United States Court of Appeals for the Third Circuit affirmed a decision from the District of New Jersey Court, refusing to block New Jersey’s 2023 law, which awards temporary workers equal pay and...more

Kohrman Jackson & Krantz LLP

Discrimination in Education: Do You Have a Title IX claim, a Title VII claim, or Can You Bring Both?

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Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments of 1972 (Title IX) both act to prevent discrimination. While Title VII governs employment relationships; Title IX applies in...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

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A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Littler

Texas District Court Declares State Preemption Law Unconstitutional. What Now?

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The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law....more

Epstein Becker & Green

Legislative Update: Texas Limits Local Governments’ Authority to Regulate and Passes the CROWN Act

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The State of Texas infrequently regulates the workplace. This summer, however, Texas enacted two notable workplace laws about which employers should be aware....more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

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Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

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In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Butler Snow LLP

Saving Time and Money: Preemption of Direct Negligence Claims Against Employers in Tennessee

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Although Tennessee courts recognize claims asserted against an employer such as negligent hiring, training, supervision, and entrustment, recent case law suggests that those claims may no longer viable after an employer...more

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