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Labor & Employment Law

Statewide vs. Local Right to Work Laws - Podcast

Labor and Employment Law Practice Group Podcast
Andrew R. Kloster, James Sherk, Ariana R. Levinson, Raymond J. LaJeunesse January 06, 2017

In 1957, an article in the Stanford Law Review asked the question: can counties and cities pass right to work ordinances under the Taft-Hartley Amendments to the National Labor Relations Act? The law explicitly allowed states to prohibit "agency-shop" contracts, but did not clearly address subdivisions of states. This question of federal preemption was addressed by courts only three times in more than fifty years. In that time, twenty-six states have passed statewide right to work laws. But recently, Hardin County in Kentucky passed, and the federal Court of Appeals for the Sixth Circuit upheld, a local right-to-work ordinance. Consequently, this sleeper issue may be hugely important in "purple" states across the country.Our panel of labor law and federalism experts talked about the law and politics of local right to work laws.

Featuring:

  • Mr. Andrew R. Kloster, Attorney, Washington, DC
  • Mr. James Sherk, Research Fellow in Labor Economics, The Heritage Foundation
  • Prof. Ariana R. Levinson, Professor of Law, University of Louisville Brandeis School of Law
  • Moderator: Mr. Raymond J. LaJeunesse Jr., Vice President & Legal Director, National Right to Work Legal Defense Foundation

 

The Future of Labor Law under the New Administration - Podcast

Labor & Employment Law Practice Group Podcast
David Fortney, Brent Garren, John S. Irving December 16, 2016

2016 was a big year for labor and employment law. In Friedrichs v. California Teachers Association, a deadlocked Supreme Court allowed a lower court ruling to stand, denying a First Amendment challenge to mandatory union dues. Meanwhile, President Obama’s Department of Labor released a new overtime regulation which would more than double the maximum salary required for exemption from overtime pay. The implementation of the regulation was halted just a few days before going into effect by a nationwide injunction by a federal district court judge.

With 2017 ahead and the general election behind, our experts discussed the future of labor law under the Trump administration.

Featuring:

  • Mr. David S. Fortney, Co-founder,Fortney & Scott, LLC
  • Brent Garren, Deputy General Counsel, Local 32 BJ, Service Employees International Union
  • John S. Irving, Of Counsel, Kirkland & Ellis LLP