A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more
6/30/2014
/ Canning v NLRB ,
Costco ,
Hispanics United of Buffalo ,
Karl Knauz Motors ,
Marriott ,
New Process Steel ,
NLRA ,
NLRB ,
Popular ,
Recess Appointments ,
SCOTUS
Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National Labor Relations Board?”...more
On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more
6/4/2014
/ Affirmative Action ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
HUD ,
Minimum Wage ,
NLRB ,
Obama Administration ,
OFCCP ,
OMB ,
Persuader Rules ,
Proposed Regulation ,
Regulatory Agenda ,
Unions ,
Unpaid Overtime ,
Wage and Hour
The National Labor Relations Board (NLRB) recently issued two significant decisions on the same day (May 9) that highlight contrasting methods of issuing dissents. Both decisions drew dissents from one member of the...more
Over 50 speakers testified, some of them on multiple panels, during the National Labor Relations Board’s two-day public meeting on representation election (“R-Case”) procedures on April 10-11. The oral testimony was part of...more
Today, the National Labor Relations Board (NLRB) announced its intention to reissue a Notice of Proposed Rulemaking (NPRM) for what has become known as the “ambush election” rules governing the procedures for union...more
This morning, the Supreme Court of the United States heard 90 minutes of oral argument in a landmark case regarding the constitutionality of President Obama’s January 4, 2012 “recess appointments” to the National Labor...more
As 2013 comes to a close, it’s time to assess what happened and what didn’t happen in Washington, D.C. during the year in terms of labor and employment law legislation, regulations, and litigation. The short version is that...more
1/2/2014
/ Affordable Care Act ,
Canning v NLRB ,
Continuing Resolution ,
D.R. Horton ,
D.R. Horton v NLRB ,
Discrimination ,
ENDA ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
LMRDA ,
NLRB ,
OFCCP ,
OSHA ,
Sexual Orientation Discrimination ,
Silica
The U.S. Senate on Tuesday confirmed President Obama’s nomination of Richard F. Griffin, Jr. to serve as general counsel of the National Labor Relations Board (NLRB). The vote was 55-to-44 and fell along party lines; Senator...more
In a decision that is likely to generate numerous questions and perhaps some confusion, a federal district court judge in the U.S. District Court for the Western District of Washington issued an order on August 13 that found...more
On the evening of July 30, the U.S. Senate confirmed all five pending nominations to the National Labor Relations Board (NLRB), giving the agency a fully operational complement of Board members for the first time in over a...more
Yesterday, the U.S. Senate avoided the “nuclear option” on pending nominations for Secretary of Labor-Designate Thomas Perez and for a package of nominees to the National Labor Relations Board (NLRB). ...more
On April 9, 2013, President Obama announced his intention to nominate three members to the National Labor Relations Board (NLRB), renominating current Democratic NLRB Chairman Mark Gaston Pearce, whose term expires on August...more
In This Issue:
- Email Request Does Not Constitute "Complaint"
- Former NLRB Member Joins Ogletree Deakins
- For Employers, Pay-Or-play Proposals Could Be Worse, Much Worse
- The NLRB In 2013: More Controversy...more
In NLRB Decision Finley Hospital, a National Labor Relations Board (Board) majority (Members Pearce and Block) held, over the strong dissent of Board Member Brian Hayes, that a 3 percent annual pay increase for nurses...more
The 2012 presidential and congressional elections are finally over, probably much to the relief of an exhausted electorate and the chattering class of political pundits and pollsters who predicted a much closer race. Six...more
On September 5, 2012, in NLRB v. State of Arizona and Save Our Secret Ballot, Judge Frederick J. Martone of the U.S. District Court for the District of Arizona rejected the federal preemption challenge by the National Labor...more
Proposed U.S. Department of Labor (DOL) revisions to the “advice exemption” under the Labor Management Reporting and Disclosure Act (LMRDA) “persuader activity regulations” may soon require employers, consultants, and law...more