By: Christopher Lowe, Robert T. Szyba, Kaitlyn F. Whiteside
Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA.
In a published opinion issued on May 9, 2017, the three-judge panel of the New Jersey Appellate
Seyfarth Synopsis: Third Circuit rejects market-participant argument, opening the door for preemption challenge to local law tying tax incentives to use of union labor.
The case before the Third Circuit, Associated Builders & Contractors v. City of Jersey City, involves a Jersey City ordinance providing developers with tax abatements when
By: Skelly Harper
An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines, Inc., involved a former flight attendant’s claim that she was fired for filing a worker’s compensation claim.
The
By: Marc R. Jacobs, Esq.
On January 13, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the International Union of Operating Engineers Local 150’s bid for the full circuit court to rehear the September 2, 2014 panel decision upholding the Indiana law. Five of the ten active judges on the Seventh
Last week, the United States District Court for the Southern District of Indiana held that state law donning and doffing claims brought by factory workers covered by a collective bargaining agreement were preempted by the Labor Management Relations Act. See Jones v. C & D Techs. Inc., Case No.