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Can An Employer Force Out An Employee For Unpopular Political Views: The Brendan Eich Story

Brendan Eich resigned his post as CEO of Mozilla, a California-based company, in early April after just 14 days on the job. The reason for his sudden departure and short tenure? It became public that in 2008, Eich...more

What the Pension Reform Decision in Arizona May Mean for Illinois

Today the Arizona Supreme Court has handed down its much-anticipated decision in Fields v. The Elected Officials’ Retirement Plan. In Fields, the Court unanimously struck down a pension reform package enacted by the...more

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

Introduction - From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board)! Last year, we reported that the Board would face some serious legal battles in 2013. Some of those...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Former NLRB Board Member Offers Opinion On Noel Canning

As a follow-up to our previous blog, this past Monday, January 13, 2014, the U.S. Supreme Court heard oral arguments in NLRB v. Noel Canning, the controversial case dealing with the President's ability to make appointments...more

U.S. Supreme Court Hears Noel Canning Case Regarding Recess Appointments to the NLRB

On Monday, January 13, 2014, the United States Supreme Court heard oral arguments in the Noel Canning case. The court will rule on the validity of the controversial recess appointments to the NLRB made by President Obama on...more

Supreme Court Hears Oral Argument in the Noel Canning “Recess Appointments” Case

This morning, the Supreme Court of the United States heard 90 minutes of oral argument in a landmark case regarding the constitutionality of President Obama’s January 4, 2012 “recess appointments” to the National Labor...more

Noel Canning Oral Argument: Justices Express Skepticism

My experience is that oral arguments, while often interesting, rarely open much of a window into exactly how a court will actually decide the case. Today’s Supreme Court argument in NLRB v. Noel Canning may be an exception....more

Court is (Still) in Session: Updates On Three Key Employment Cases Pending Before the United States Supreme Court

Back on October 8, 2013, we highlighted three cases currently pending on the United States Supreme Court docket that employers will definitely want to follow. The cases address issues ranging from the proper interpretation of...more

Noel Canning Implications Of Mandatory Bargaining Of Discretionary Discipline

In January, the Supreme Court will hear oral arguments on NLRB v. Noel Canning. Over 700 cases could potentially be impacted with the Court's decision. Though Noel Canning deals with somewhat esoteric questions—whether the...more

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the...more

Legislative Update: Senate Moves To Approve The Employment Non-Discrimination Act

On November 4, the United States Senate in a 61-30 vote moved to continue debate on the passage of the Employment Non-Discrimination Act (“ENDA” or the “Act”). The ENDA seeks to ban workplace bias against individuals based on...more

New Jersey Raises Minimum Wage by Constitutional Amendment

On November 5, 2013, New Jersey voters overwhelmingly approved (by a 61% to 39% margin) a constitutional amendment to raise the state minimum wage to $8.25 per hour starting on January 1, 2014. The amendment further mandates...more

New Jersey Voters Approve Minimum Wage Hike; Rate To Increase To $8.25 With Future Increases Tied To Cost Of Living

New Jersey voters overwhelmingly approved a measure that will increase the state's minimum wage rate from $7.25 to $8.25, effective January 2014. The measure also included a constitutional amendment that will tie the minimum...more

Election Day Consideration: Legal Risks Associated with a Politically Contentious Workplace

This year voters go to the polls to elect governors in Virginia and New Jersey, mayors in New York City, Boston, Detroit and other municipalities, and decide on a host of ballot issues across the country. With all of the...more

“Alleged Clothes,” “Things of Value,” and “Recess Appointments”: What’s In “Store” In The New Supreme Court Term

Last week started the 2013-2014 Term at the Supreme Court of the United States. While the hot issues last year were DOMA, Title VII (Vance v. Ball State University and University of Texas Southwestern Medical Center v....more

Is the "Like" Button Becoming a Constitutionally Protected Activity?

On September 18, 2013, the Fourth Circuit Court of Appeals ruled that an employee's act of clicking the "Like" button on Facebook constitutes speech protected by the First Amendment. This ruling signals an extension of...more

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations. ...more

New Jersey Superior Court Rules That Same-Sex Marriages Must Be Allowed

In a landmark decision entered on September 27, 2013, Mercer County Superior Court Judge Mary Jacobson ordered the State of New Jersey to allow same-sex marriages as of October 21, 2013. Based on indications from New Jersey...more

The First Amendment Goes Digital – Clicking “Like” on Facebook is Speech

With around 1.15 billion members, Facebook is a massive, global forum for communicating with friends and the world. For many users, it often feels as if their news feeds are clogged with vapid comments about the weather, meal...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

Free Speech Protection for Facebook "Likes" by Public Employees

Last week, in Bland v. Roberts, the U.S. Court of Appeals for the Fourth Circuit handed a constitutional victory to Facebook and two plaintiffs who lost their jobs after displaying online support for the incumbent’s opponent...more

First Thoughts: Live-(Nearly)-Blogging the Oral Argument in Kanerva

This morning, a seemingly skeptical Illinois Supreme Court appeared ready to side with the State in a dispute over 2012 amendments to the State Employee Group Insurance Act. Several Justices peppered the two attorneys...more

Opening Salvo

The NLRB has filed its opening Supreme Court brief in the Noel Canning case, in which the validity of the President’s January, 2012 recess appointments of former, putative NLRB members Richard Griffin and Sharon Block are at...more

The NLRB Creates A New Defense

A federal district court in Washington has struck down an NLRB petition for a Section 10(j) injunction because the NLRB lacked a valid quorum at the time the petition was authorized. In Hooks v. Kitsap Tenant Support...more

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