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Happy Labor Day!

The first Monday in September has been designated as “Labor Day”—a national holiday set aside to celebrate and commemorate the contributions that hardworking Americans have made to the prosperity and well-being of our...more

OSHA Finally Releases Proposed New Rule on Silica Exposure

On August 23, 2013 the Occupational Safety and Health Administration (OSHA) published a proposed new rule on silica exposure. Public comments on the proposed rule are due no later than 90 days from publication in the Federal...more

Federal District Court First to Rule “Acting” General Counsel Lafe Solomon’s Appointment Invalid

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

8/22/2013  /  NLRB , Political Appointments

Senate Confirms New Five-Member NLRB: What Just Happened and What’s Next?

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

What Is a “Workers Center”? Just Another Name for a Union?

On Monday, July 29, workers staged a series of one-day strikes in seven cities across the country at some of the nation’s best known and most profitable fast-food restaurants....more

Agreement Not To Filibuster Nominations For Secretary Of Labor And NLRB Avoids “Nuclear Option” In The Senate, But Poses “Time...

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

Obama’s NLRB Package of Nominees Unlikely to be Confirmed

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

The Employment Law Authority - January/February 2013

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

Board Majority Holds Perpetual Wage Increases Post-Contract Expiration

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

12/31/2012  /  Collective Bargaining , NLRB , Unions , Wages

Where the Action Is: State Labor and Employment Legislation

With divided government in Washington relegating most congressional labor and employment legislation to the dead letter file, state legislation becomes a more viable option for interest groups to press their initiatives. The...more

What is the Future of Workplace Legislation in the New 113th Congress? Part Two: Private Sector Multi-Employer Pension Plans

In my prior blog post, I discussed the chances for workplace legislation in the new Congress beginning on January 3, 2013. While I anticipate continued gridlock in Washington, there may be two potential exceptions to the...more

12/17/2012  /  Multi-Employer Pensions , Pensions

What is the Future of Workplace Legislation in the New 113th Congress? Part One: Immigration Reform

With the national elections resulting in a continuation of divided government in Washington, will the new Congress remain mired in the gridlock that has been the hallmark of recent years? What are the chances for labor and...more

The Outcome of the 2012 Elections and What it Means for Employers

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

NLRB Loses Again . . . This Time Perhaps Temporarily

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

9/11/2012  /  NLRA , NLRB , Preemption , Union Elections , Unions

Are We Headed for the “Fiscal Cliff” of Sequestration?

Like Thelma and Louise in the movie of the same name driving their convertible over the cliff, or even more analogous, like a bunch of lemmings blindly following their leaders over the precipice, as a nation we may be headed...more

Proposed Limits on Legal “Advice” During Union Organizing Campaigns—Are New Regulations Really on the Horizon?

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

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