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Labor/Employment

Oct. 6, 2009

Worker Protection Laws, Pre-empted?

Michael Lebowich and Brian Rauch of Proskauer Rose address how worker protection laws clash with the collective bargaining process.

EMPLOYMENT

By Michael Lebowich and Brian Rauch

Increasingly, state and local governments are purporting to protect workers by passing industry-specific legislation that imposes terms of employment otherwise reserved for collective bargaining. These statutes address issues such as requiring companies who acquire another company's operations to retain the incumbent employees, mandating specific meal and rest periods for certain industries, requiring "big...

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