It has been quite an eventful few weeks in Washington, D.C., with actions taken that perhaps will give rise to a brighter future on Capitol Hill. House Speaker John Boehner (R-OH) resigned effective October 31 amid persistent...more
It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more
7/23/2015
/ Appeals ,
AT&T ,
Canning v NLRB ,
Communication Workers of America ,
Dress Codes ,
Employment Policies ,
Exceptions ,
NLRA ,
NLRB ,
Recess Appointments ,
Section 7 ,
Special Circumstances Doctrine ,
Unions
It was not easily accomplished, but on June 29, 2015, President Obama signed into law a series of trade measures, including Trade Promotion Authority (TPA), providing the administration with rules governing the negotiation of...more
On June 24, 2015, the National Labor Relations Board (NLRB) issued a new decision involving allegations that an employer had unlawfully discharged an employee who had scrawled sexually-oriented obscenities and threatening...more
Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28,...more
On April 14, 2015, after a four-year battle, the National Labor Relations Board’s (NLRB) final “ambush election” rules, which will dramatically shorten the time between requests for a vote and a union election, go into...more
Since the expiration of a labor contract in July 2014, negotiations for a new contract have dragged on between management representatives of the Pacific Maritime Association (PMA)—a multi-employer bargaining association...more
Narrowly averting a federal government shutdown, on December 13 in a rare Saturday evening session the Senate passed the massive 1600 page, $1.1 trillion FY2015 Omnibus Appropriations bill that will fund government operations...more
We expect 2015 to be a very busy year for actions on new or proposed federal regulations in the absence of congressional legislation. That was confirmed on November 21, 2014, when the administration published its “Unified...more
In yesterday’s mid-term elections Republicans gained a substantial majority in the U.S. Senate (52-45) with three states undecided: (1) one “toss-up” state—Louisiana, which is still undecided and in which no candidate...more
With the Obama administration unable to get labor and employment law changes through a gridlocked Congress, one of its significant accomplishments and lasting legacies may be its remarkable record of reshaping federal...more
Two weeks ago, the U.S. House of Representatives passed, by voice vote, a little-understood and little-noticed amendment to the Fiscal Year 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. 4923)...more
Who said bipartisanship is dead in Washington? It just requires the right legislation! Finally, a long-awaited jobs promotion bill was approved that aims to help train and prepare workers with the twenty-first century skills...more
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
The U.S. Department of Labor’s Bureau of Labor Statistics recently published the latest official statistics on union membership for 2013. The figures demonstrate just how far unions must grow in order to reverse the...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
In This Issue:
- Harassment. Are your executive training programs effective?
- State Round-Up. Learn about the latest employment law news in your state
- Unions. Harold Coxson and Baker Wyche discuss the new...more
12/11/2013
/ Americans with Disabilities Act (ADA) ,
Compliance ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Harassment ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Persuader Rules ,
SCOTUS ,
Sexual Harassment ,
Termination ,
Training
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
AFL-CIO RESOLUTION ATTACKS OBAMACARE -
On September 10, 2013, U.S. Secretary of Labor Thomas E. Perez, to a standing ovation from assembled labor leaders, addressed the AFL-CIO’s 27th quadrennial constitutional...more
9/13/2013
/ Affordable Care Act ,
AFL-CIO ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Rights ,
Fraud ,
Healthcare Reform ,
Minimum Wage ,
Reporting Requirements ,
Thomas Perez ,
Wage and Hour