News & Analysis as of

Preemption National Labor Relations Board Employee Rights

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

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...more

Jackson Lewis P.C.

Puerto Rico High Court Confirms Employers Need to Check NLRA Preemption of Local Employment Law Claims

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). ...more

Littler

Illinois Governor Amends Labor Disputes Act

Littler on

On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Seyfarth Shaw LLP

The Supreme Court Pours Some Concrete on the Right to Strike

Seyfarth Shaw LLP on

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

Benesch

InterConnect FLASH! No. 79 - Mr. AB-5 Goes to Washington - And Brings A Lot of Baggage! (The Assault on the IC Citadel Continues)

Benesch on

Introduction: The PRO Act Overall - Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more

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