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Executive Labor Summary - May / June 2017

NEWS & ANALYSIS - Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more

Proposed Rule Seeks To Finish Off Obama Administration’s “Persuader Rule” For Good

The U.S. Department of Labor has issued a Notice of Proposed Rulemaking to rescind the Obama Administration’s version of the “Persuader Rule.” The Obama Rule never actually became applicable because it was enjoined by a...more

Trump Administration Begins Process To Rescind “2016 Persuader Rule”

The Trump Administration has begun the process to rescind the “2016 Persuader Rule,” one of the most contentious employment-related regulations issued during the Obama Administration. Earlier this week, the U.S. Department of...more

Executive Labor Summary - March / April 2017

NEWS & ANALYSIS- Winners and losers feel effects of the Presidential election - For winners, Philip Miscimarra, who was Acting Chairman of the National Labor Relations Board, gave up “acting” and got real with...more

Has the Supreme Court invalidated almost two years of actions by the NLRB Acting General Counsel? (Maybe, but employers shouldn’t...

For the second time, the U.S. Supreme Court has handed a setback to the efforts of the Obama Administration to make appointments to leadership positions in the National Labor Relations Board. In Noel Canning (2014), the...more

Executive Labor Summary - January / February 2017

NEWS & ANALYSIS - Better times ahead at the NLRB, but it may take a while - For nearly eight years, the National Labor Relations Board has been in the majority control of Democratic appointees of President Obama. During...more

Executive Labor Summary - November / December 2016

NEWS & ANALYSIS - President-Elect Trump chooses Andrew F. Puzder for U.S. Secretary of Labor – “the times they are a changin’.” As we reported at the time, on December 8 President-Elect Trump announced that Andrew F....more

Federal Judge Issues Permanent Injunction Blocking U.S. DOL’s New “Persuader Rule”

The U.S. Department of Labor’s narrow interpretation of the “advice exemption” of the “Persuader Rule” appears to be no more. Yesterday a federal judge in Lubbock, Texas, issued a permanent injunction prohibiting enforcement...more

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will...more

Executive Labor Summary - September / October 2016

NEWS & ANALYSIS - Class arbitration cases continue to stack up at Supreme Court. The National Labor Relations Board on September 9 petitioned the Court for certiorari in NLRB v. Murphy Oil USA, Inc. The lower court...more

Executive Labor Summary - July / August 2016

NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

Executive Labor Summary - May / June 2016

NEWS & ANALYSIS - DOL Persuader Rule will not take effect July 1, after court issues preliminary injunction – In the second decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s new...more

Federal Court Refuses to Block U.S. DOL Persuader Rule but Says Rule Is Probably Invalid

In the first decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s “Persuader Rule,” a federal judge in Minnesota refused the challengers’ request for a preliminary injunction. If Judge...more

The Time Is Nigh: “Persuader Rule” Compliance Date Is July 1

As we have previously reported, the U.S. Department of Labor on March 24 issued regulations that adopt a new interpretation of the "persuader" reporting requirements under the Labor Management Reporting and Disclosure Act. If...more

Executive Labor Summary - March / April 2016

NEWS & ANALYSIS - DOL’s “Persuader Rule”: Fight on! – As we have previously reported, the U.S. Department of Labor on March 24 issued new regulations that adopt a new interpretation of the "persuader" reporting...more

Supreme Court Leaves in Place “Agency Fees” for Non-Union Teachers, 4-4

I recently speculated that the death of Justice Antonin Scalia might result in a 4-4 split in Friedrichs v. California, a case in which non-union public school teachers in California contended that they should not be required...more

Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the...more

Executive Labor Summary - January / February 2016

NEWS & ANALYSIS - Death of Justice Antonin Scalia may create 4-4 split in case involving public employee union agency fees - In January, the U.S. Supreme Court heard oral argument in Friedrichs v. California, a case in...more

Executive Labor Summary: 2015 Wrap-Up Edition

U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more

UAW Gets Vote On “Micro-Unit” At VW-Chattanooga

The National Labor Relations Board granted yesterday the United Auto Workers’ petition for a union election at the Volkswagen facility in Chattanooga, Tennessee. The election will be in a “micro-unit” of skilled tradesmen at...more

Executive Labor Summary - September / October 2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

NLRB Begins Accepting "Electronic Signatures" for Election Petitions

On September 1, 2015, the National Labor Relations Board General Counsel, Richard F. Griffin, Jr., issued Memorandum GC 15-08, "Guidance Memorandum on Electronic Signatures to Support a Showing of Interest." In the...more

NLRB Changes Joint Employment Standard, with Far-Reaching Implications for Employers

Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more

8/31/2015  /  Control Test , Joint Employers , NLRA , NLRB

Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

Executive Labor Summary - June / July 2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more

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