The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior)...more
The fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess...more
The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess appointments to the National Labor Relations Board ("NLRB" or "Board")....more
As we noted last month, the federal court of appeals in DC heard the first case on the constitutionality of the recess appointments to the NLRB. Today, a three judge panel ruled unanimously that the appointments of Members...more
In This Issue:
- $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012)
- $114,000 Pregnancy...more
1/14/2013
/ Breach of Implied Contract ,
Class Action ,
Class Certification ,
Disability ,
Discrimination ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Jury Instructions ,
Lucasfilm ,
Negligent Supervision ,
Over-Time ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
Termination ,
Workplace Violence
The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more
The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more
On Friday, December 21, 2012 the Administration published its regulatory agenda for the coming year. The Administration usually publishes a Spring version but did not do so in 2012....more
Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and...more
Claiming that the Board “has never provided a coherent explanation” for the 50 year old rule that the obligation to continue deducting dues pursuant to a dues checkoff provision ceases upon expiration of the collective...more
An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more
In a standing-room only courtroom in Washington, D.C., the U.S. Court of Appeals for the D.C. Circuit became the second appeals court in the last week to hear oral arguments on the validity and constitutionality of the...more
In the last couple of years, we have seen close scrutiny of employer handbooks by the NLRB. If the agency deems a policy, or a portion of a policy, to be something employees might reasonably construe to inhibit protected...more
Sometimes in negotiations the parties just cannot agree on certain items. Such a deadlock under certain circumstances can have legal consequences under the concept of “impasse,” one of the more shadowy, hard to define issues...more
Now that the election is over, one of the main questions being asked is, what next? We recently held a Webinar entitled ”The Latest at the NLRB and Post-Election Developments” to address this question. It seems clear that...more
11/20/2012