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Employment Law Commentary, Volume 30, Issue 9: Boomerang: The Trump NLRB Supplants The Obama NLRB

When Donald Trump took office in 2017, the members of the NLRB (“Board”) were predominantly appointees of President Obama. During the Obama presidency, the Board issued decisions that were mostly favorable to the interests of...more

Employment Law Commentary, September 2016: NLRB Issues Raft of Pro-Union Decisions as Time Expires

In the last days of Summer 2016, as the political make-up of the National Labor Relations Board (NLRB) was about to change, the Board suddenly issued 20 decisions in a single week. The reason for this unusual output was not...more

The Persuader Rules: Final Opportunity to Avoid Department of Labor Reporting Requirements

The U.S. Department of Labor (“DOL”) recently issued its final regulations regarding the “advice exception” to reporting requirements of employers and lawyers under the Labor-Management Reporting and Disclosure Act. ...more

Employment Law Commentary - Volume 27, Issue 8, September 2015

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

Employment Law Commentary -- Volume 26, Issue 11 -- Is She Really Allowed To Wear That? Religious Accommodation In The Workplace

Title VII of the Civil Rights Act of 19641 prohibits discrimination based on religion and puts an affirmative obligation on an employer to accommodate employees’ religious practices. Issues involving religion arise in many...more

Supreme Court Rejects Obama’s Recess NLRB Appointments

On June 26, 2014, the U.S. Supreme Court unanimously limited the President’s power to make recess appointments under the Recess Appointments Clause of the Constitution, Art. II, Sect. 2, Cl. 3. While the decision involved...more

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