By Ashley K. Laken and Howard Wexler
Seyfarth Synopsis: Just before the end of the legislative session, lawmakers in New York introduced the “Dependent Worker Act,” which proposes to provide workers in the gig economy with certain rights, including the right to unionize.
On June 14 and 15, lawmakers in the New York State Assembly
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Seyfarth Synopsis: AB 1654 provides a PAGA exemption for certain employees covered by a collective bargaining agreement. While AB 1654 is limited to the construction industry, its underlying rationale applies much more broadly, and may augur further thoughtful restrictions on PAGA’s broad scope.
California’s Private Attorneys General Act,
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
By: Kyllan B. Kershaw, Esq.
Seyfarth Synopsis: This weekend Kentucky became the 27th state to pass right-to-work legislation, eliminating the right of unions to collect compelled-dues payments and providing a significant boost to employers hoping to operate union-free.
On Saturday, January 7th, Kentucky’s Governor signed Kentucky House Bill 1 into law, making Kentucky the
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: Michael J. Rybicki, Esq.
Today Wisconsin became the 25th state to pass right to work legislation applicable to private sector employers. Most private employers are covered by the National Labor Relations Act (“NLRA”), which originally permitted collective bargaining agreements to provide for the termination of any employee who failed to join or
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
By: Marc R. Jacobs
On November 6, 2014, the Indiana Supreme Court reversed the ruling of a superior court judge and held that the Indiana Right to Work Law does not violate the Indiana Constitution. Zoeller v. Sweeney, Case No. 45S00-1309-PL-596 (2014) (“Sweeney”).
The Indiana state law challenge decided in Sweeney raised
By: Ronald J. Kramer, Esq.
It is black letter law that states can prohibit contracts from requiring bargaining unit members to pay money to unions, right? Maybe not, at least according to the Chief Judge of the Seventh Circuit. On September 2, 2014, the Seventh Circuit upheld Indiana’s Right to Work Act in a
By: Ashley K. Laken, Esq.
On November 22, 2013, a group of home-care providers for Medicaid recipients in Illinois filed their brief in Harris v. Quinn (No. 11-681) in which they urged the U.S. Supreme Court to overturn its precedent allowing union fair share fees to be imposed on public employees.
The Supreme Court