On November 21, 2022, the Supreme Court declined to review whether federal law preempts a Seattle Ordinance mandating that large hotels offer their employees health insurance coverage or increased pay. This left the Ninth Circuit’s ruling, which found that the particular ordinance was not preempted, as the last word on
Preemption
NLRB Sues Oregon Seeking To Invalidate State Law Prohibiting “Captive Audience” Meetings
By Mark Theodore, Joshua Fox & Jordan Simon on
On February 7, 2020 the National Labor Relations Board (“NLRB”) sued the State of Oregon in federal court seeking a declaratory judgement to invalidate a state statute that protects employees who refuse to attend lawful compulsory meetings held by employers during organizing campaigns from adverse employment action. These meetings, pejoratively…
Federal Appeals Court Rules Counties May Enact Right To Work Laws
By Mark Theodore on
The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement. In a right to work state, the law prohibits the parties to a…
NLRB Sues Arizona Over Secret Ballot Legislation
By Mark Theodore on
The NLRB made good on its January 13, 2011.pdf threat to sue individual states that enact legislation that it believes are solely within its province. In a complaint filed against the State of Arizona.pdf today, the NLRB asserts that voter enacted Arizona Constitutional Amendment Article 2 § 37 is preempted…