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Peter Felsenfeld

Barger & Wolen


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Analysis: Controversy Surrounding Obama’s NLRB Recess Appointees

As an employer, you may be perplexed by the flap over President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) and concerned about what it all means for business....more

4/22/2013 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

President Obama To Abandon Recess Appointees to the NLRB

The drama surrounding President Barack Obama’s recess appointments to the National Labor Relations Board (“NLRB”) took an unexpected twist this week as the President announced his intention to nominate three new members....more

4/12/2013 - Barack Obama Canning v NLRB NLRB Nominations Recess Appointments

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more

3/28/2013 - ADA Disability Discrimination Discrimination EEOC Hiring & Firing Job Applicants Reasonable Accommodation Toys R Us

Employers May Violate Federal Law By Refusing To Hire Union Organizers

Here’s a challenging scenario for employers: An individual applies for a job. The employer becomes aware that the applicant is a union volunteer who will likely try to organize the workplace if hired....more

3/15/2013 - Aerotek Hiring & Firing NLRA NLRB Union Salting Unions

NLRB Will Ask Supreme Court To Affirm Board Members

The National Labor Relations Board (“NLRB”) announced today that it would ask the U.S. Supreme Court to review a federal court ruling that invalidated the appointment of three members and put hundreds of mostly pro-union...more

3/13/2013 - Canning v NLRB NLRB Recess Appointments SCOTUS

Court Denies Attorneys' Fees in Herbalife Estate Case

A San Francisco appeals court has rejected a law firm’s attempt to recover $3 million billed on a trust matter on the grounds that the work did not benefit the estate....more

3/8/2013 - Attorney's Fees Herballife Trustees

ObamaCare’s Whistleblower Protections Go Into Effect

Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are...more

3/1/2013 - Affordable Care Act FLSA Hiring & Firing OSHA Retaliation Termination Whistleblowers

Employers May Not Engage In Coercive Surveillance of Unions

An employer risks violating federal labor laws by monitoring employees’ union activities, or even creating an impression of surveillance....more

2/25/2013 - Anti-Union Actions Hiring & Firing NLRB Surveillance Union Monitoring Unions

Senator Introduces Bill To Freeze NLRB Decisions

Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy)....more

2/4/2013 - Barack Obama Canning v NLRB NLRB NLRB Freeze Act of 2013 Political Appointments Pro Forma Sessions Recess Appointments

Federal Appeals Court Strikes Down President Obama’s NLRB Appointments

In a decision that could have an enormous impact on employers, a federal appeals court has ruled that President Barrack Obama violated the Constitution when he appointed three members to the National Labor Relations Board...more

1/29/2013 - Barack Obama Canning v NLRB NLRB Pro Forma Sessions Recess Appointments

EEOC to proceed with class action disability discrimination case against UPS

In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United...more

1/18/2013 - Class Action Disability Disability Discrimination Discrimination EEOC Motion to Dismiss United Parcel Service

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