Civil Procedure, Labor & Employment Law, Constitutional Law

D.C. Circuit Strikes Down NLRB’s Notice-Posting Rule

by Christopher Feudo | Foley Hoag LLP on 5/20/2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia ruled in National Association of Manufacturers v. NLRB that the National Labor Relations Board’s rule requiring employers to post notices informing...more

Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/20/2013

Just two months after the District of Columbia Circuit Court of Appeals ruled in Canning v. National Labor Relations Board that President Barack Obama's January 2012 appointment of three new members of the National Labor...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

by Denise Keyser, Mark Kowal | Ballard Spahr LLP on 5/20/2013

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more

Update On The NLRB Poster Litigation

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

As Business Week reports this week, the US Court of Appeals for the District of Columbia struck down the poster requirement created by the National Labor Relations Board. ...more

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

by Morgan Lewis on 5/20/2013

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010....more

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

by R. Scott Adams | Spilman Thomas & Battle, PLLC on 5/17/2013

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

Federal Rule 68 and FLSA Collective Actions

by Eric Holshouser, Katie Kelly | Fowler White Boggs P.A. on 5/17/2013

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

Federal Appeals Court Strikes Down NLRB Notice Rule

by Phillips Lytle LLP on 5/16/2013

In a major victory for employers on May 7th, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (“NLRB”) August 2011 regulation requiring private businesses to post an...more

D.C. Circuit Ruling Strikes Down NLRB Union Poster Rule

by McCarter & English, LLP on 5/16/2013

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit vacated a rule issued by the National Labor Relations Board (the "Board") that would have required millions of employers -- both union...more

NLRB Prevented From Requiring Employers To Post Notices

by David Houston, James B. Perry | Dickinson Wright on 5/16/2013

On Tuesday, May 7, 2013, a three Judge panel of the United States Court of Appeals for the District of Columbia Circuit Court unanimously rejected the National Labor Relations Board (NLRB) rule requiring private sector...more

Man-to-Man Defense Clears Court: Early Judgment Offers Will Satisfy Named Plaintiff's Claims…For Now

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

In its recent decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court aided employer efforts to "pick off" named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards Act...more

D.C. Circuit Court Shuts Down NLRB Rule Requiring Union Poster

by Patrick Muldowney, Nathan Schacht | BakerHostetler on 5/15/2013

On May 7, 2013, a federal appellate court in Washington, D.C., struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and websites a...more

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

by Thompson Coburn LLP on 5/15/2013

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

Fenwick Employment Brief - May 2013: NLRB Posting Rule Held Unconstitutional

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

Labor & Employment E-Note - May 14, 2013

by Amy Jordan, Bryance Metheny, John Paul Nefflen, Thomas Potter, III | Burr & Forman on 5/15/2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

D.C. Circuit Court Invalidates NLRB Poster Rule

by Karen Aframe | Bernstein Shur on 5/15/2013

On May 7, 2013, the D.C. Circuit Court of Appeals ruled that the National Labor Relations Board’s poster rule was unenforceable. The NLRB rule required employers to display a poster with information related to employees’...more

NLRB Notice-Posting Rule Struck Down

by Melissa Gonzalez Boyce | XpertHR - Partnered with LexisNexis on 5/15/2013

The National Labor Relations Board (Board) rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (Act) has been struck down by a federal appeals court....more

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

D.C. Circuit Tells NLRB "No Workplace Poster for You!"

by Theodore T. Eidukas | Foley & Lardner LLP on 5/14/2013

Many would contend that inherent in the freedom of speech is the freedom to decide when not to speak such that the government, as the argument goes, cannot compel one to say or otherwise disseminate certain information....more

DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

by Scott Faust, Michael Lebowich, Ronald Meisburg, Bernard Plum, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 5/14/2013

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

Michigan Ban on School Employee Union Dues Deductions Legal

by Beverly Hall Burns, M. Misbah Shahid | Miller Canfield on 5/13/2013

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. ....more

To Post Or Not To Post: D.C. Appeals Court Strikes Down NLRB Employee Rights Posting Requirement

by Andrew Cripe, Jay Dade, Sean Gallagher, W. Terrence Kilroy, Christopher Mason, Mark Weisman | Polsinelli on 5/13/2013

On May 7, a three-judge panel of the United States Court of Appeals for the District of Columbia unanimously struck down a rule of the National Labor Relations Board ("NLRB") that would have required employers to post a...more

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Civil Procedure › Labor & Employment Law › Constitutional Law