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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
Five months ago, we reported about a class action lawsuit against an artificial intelligence (AI) company that engages workers to perform data labeling and content creation and classifies them as independent contractors (ICs)...more
Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more
A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more
In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more
On May 20, 2025, the U.S. District Court for Oregon permanently prohibited Oregon state officials from enforcing Measure 119. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024. Measure...more
A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more
On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more
On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...more
On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more
A recently passed Oregon ballot initiative likely violates federal labor laws—and requires Oregon employers to do the same to comply. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024....more
Missouri’s new minimum wage and paid sick leave law (“Proposition A”) currently is subject to two legal challenges; (1) a lawsuit questioning the constitutionality of the law, and (2) a house bill that, if passed by the...more
As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more
In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent...more
Last week, an adult-use cannabis processor and retailer filed suit to challenge the constitutionality of a new Oregon law that now requires entry into a labor peace agreement for licensure. A labor peace agreement does not...more
As of January 1, 2025, Senate Bill (SB) 399, the California Worker Freedom from Employment Intimidation Act (the Act), prohibits employers from subjecting or threatening to subject employees to discrimination, retaliation,...more
New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more
As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more
Don’t finalize your 2025 handbooks just yet! On January 2, 2025, the United States Court of Appeals for the Second Circuit vacated a permanent injunction, which had blocked a requirement that New York employers with...more
This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more
On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more
In 2023, we reported on the enactment of the Temporary Workers’ Bill of Rights (the “Act”) and subsequent regulations by the New Jersey Department of Labor (“DOL”)....more
In a 3-0 decision (Mothering Justice v Attorney General) issued today, January 26, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling finding that the Michigan Legislature lacked the constitutional...more
- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more
A federal judge took a pause from his New Year’s Eve revelries to hand a big victory to California truckers, blocking the state’s new misclassification law from impacting them before the January 1 effective date arrived....more