News & Analysis as of

State Labor Laws Preemption Appeals

Proskauer - Labor Relations Update

Oregon’s Cannabis Labor Peace Law Struck Down

On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more

Foley Hoag LLP - Cannabis and the Law

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

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

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Genova Burns LLC

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Genova Burns LLC on

On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more

Ervin Cohen & Jessup LLP

Mandatory Arbitration Agreements in California: Down, But Possibly Not Out

Ervin Cohen & Jessup LLP on

Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more

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

First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims

On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more

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

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more

Payne & Fears

Key California Employment Law Cases: January 2020

Payne & Fears on

Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Bracewell LLP

San Antonio Paid Sick Leave Ordinance Will Not be Implemented on December 1

Bracewell LLP on

November 22, 2019, San Antonio Judge Peter Sakai granted a temporary injunction preventing the City’s Sick and Safe Leave Ordinance from taking effect. The Ordinance’s December 1, 2019, effective date has been indefinitely...more

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

Offshore Oil Rig Workers’ Overtime Claims Governed by FLSA, Not California Law

On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue. In Parker Drilling Management...more

Baker Donelson

Return To The Tidelands – Supreme Court Upholds Application Of Federal Law On The Outer Continental Shelf In The Face Of Parallel...

Baker Donelson on

In a rare decision applying the Outer Continental Shelf Lands Act (43 U.S.C. §1331 et seq.(“OCSLA”), the United States Supreme Court has clarified, re-affirmed and perhaps (given the breadth of its opinion) expanded the...more

Holland & Knight LLP

U.S. Supreme Court Reaffirms Primacy of Federal Law on Outer Continental Shelf

Holland & Knight LLP on

U.S. Supreme Court reaffirms primacy of federal law on Outer Continental Shelf holding state law may not be adopted where federal law already addresses the issue. In Parker Drilling Management Services Ltd. v. Newton, 587...more

Jackson Lewis P.C.

Supreme Court: State Wage-and-Hour Laws Inapplicable to Drilling Platform Workers

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Workers on oil drilling platforms off the coast of California are covered by the Fair Labor Standards Act (FLSA), not California’s overtime and wage laws, the U.S. Supreme Court has held unanimously. Parker Drilling...more

Littler

Offshore Drilling Companies Can Rest Easy: Supreme Court Holds California Wage and Hour Law Inapplicable to Certain Rig Workers

Littler on

On June 10, 2019, the United States Supreme Court unanimously ruled that state wage and hour laws do not apply to certain drilling rig employees working off the California coast.  The rig workers argued that California law...more

Fisher Phillips

Supreme Court Refuses To Extend State Wage-Hour Law To Offshore Drilling

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By a unanimous 9-0 decision, the U.S. Supreme Court yesterday declined to extend California’s wage-and-hour laws to employees working on offshore drilling platforms subject to the Outer Continental Shelf Lands Act (Parker...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Parker Drilling Management Services, Ltd. v. Newton

On June 10, 2019, the Supreme Court of the United States decided Parker Drilling Management Services, Ltd. v. Newton, No. 18-389, holding that state law does not apply to the Outer Continental Shelf when federal law addresses...more

Bradley Arant Boult Cummings LLP

Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review

Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama, passed a local minimum...more

Proskauer - Law and the Workplace

Texas Appellate Court Rules Austin City Paid Sick and Safe Leave Ordinance Unconstitutional

As we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees....more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 58: Potential Cure Coming for Local Paid Sick Leave in Texas

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Seyfarth Synopsis: On November 16, 2018, the Texas Court of Appeals for the Third District dealt a major blow to the paid sick leave wave in Austin by reversing a lower court’s decision to deny a temporary injunction of the...more

FordHarrison

Austin's Third Court of Appeals Holds Austin's Paid Sick Leave Ordinance Unconstitutional

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Austin’s paid sick leave ordinance, which was supposed to go into effect this past October, has been held unconstitutional by the Third Court of Appeals in Austin. The court of appeals held that the ordinance establishes a...more

Littler

Austin, Texas Earned Sick Time Ordinance on Life Support

Littler on

On November 16, 2018, the Texas Third Court of Appeals delivered a significant blow to Austin's Earned Sick Time Ordinance, the first law in the Lone Star State that would have required private sector employers to provide...more

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