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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

4/11/2013 - Barack Obama Canning v NLRB NLRB Nominations Recess Appointments

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

2/26/2013 - Canning v NLRB Discrimination FLSA Immigration Reform NLRB Pay or Play Temporary Employees

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

12/19/2012 - Collective Bargaining Right to Work Unions

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

12/5/2012 - E-Verify Immigration Reform Multi-Employer Pensions STEM Act

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

11/16/2012 - Affordable Care Act Barack Obama Bush-Era Tax Cuts DOL Fiscal Cliff NLRB Pay or Play Unions

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 - Employee Free Choice Act 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

8/28/2012 - DOL Federal Budget Fiscal Cliff Hiring & Firing Layoff Notices SEC Sequestration Spending Cuts Tax Increases WARN Act

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

8/15/2012 - DOL LMDA NLRA NLRB Public Labor Relations Act Unions

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