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The NLRB Does It Again!

The National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum....more

A Series Of Ticking Time Bombs – A Review Of The Supreme Court's 2013-2014 Term

The Supreme Court recently wrapped up its 2013-2014 term, and management can count it as another successful year in front of the High Court. Of the nine decisions impacting labor and employment law, seven of them should have...more

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more

Health Care Reform Implementation Update

Congress begins its summer recess this week, but last week legislators were busy holding hearings on management issues regarding HealthCare.gov, introducing legislation to increase payments to primary care doctors under...more

Boehner Brings Suit Against Obama Regarding Employer-Mandate Delays

On Wednesday, July 30, House Speaker John Boehner (R-OH) moved to bring suit against President Barack Obama regarding employer-mandate delays as they pertain to the Affordable Care Act. The House voted along party lines...more

United States Supreme Court Issues Decision In Noel Canning; Ruling Invalidates Over 700 NLRB Decisions

On June 26, 2014, the United States Supreme Court finally issued its long-awaited ruling in Noel Canning. As previously reported in The Fast Laner here and here, several courts had ruled that the decisions of the National...more

Hundreds of NLRB Decisions Nullified Because of Unconstitutional Recess Appointments

In NLRB v. Noel Canning, the Supreme Court held that President Obama’s appointments of three National Labor Relations Board members in January 2012 during a three day intra-session Senate recess were unconstitutional because...more

The Supreme Court's Noel Canning Decision and the NLRB's Response

Since the Supreme Court affirmed a decision by the D.C. Circuit Court of Appeals on June 26, 2014, invalidating President Obama's appointment in January 2012 of three members to the National Labor Relations Board, the NLRB...more

July 2014 SCOTUS Roundup

All eyes have been on the Supreme Court this summer as the justices handed down decisions in several high-profile cases involving labor and employment disputes. While the debate over the issues addressed by the Court this...more

It Was All A Dream

That may be what the NLRB and others are thinking right now. Remember all those rather aggressive decisions made by the NLRB about a couple of years ago? It is as if they never happened....more

NLRB Fallout From President’s Unconstitutional Recess Appointments Continues

As we noted when the decision was released, the Supreme Court ruled unanimously that the President’s 2012 recess appointments to the National Labor Relations Board were unconstitutional. Two weeks later, the developments from...more

How Employers Fared With the Supremes This Term and What the Future May Hold

During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more

The Supreme Court Limits the President's Recess Appointment Power

In January 2012, President Obama made recess appointments of the first Director of the Consumer Financial Protection Bureau and two members of the National Labor Relations Board during a three day period when the Senate was...more

Supreme Court Sends Hundreds of NLRB Cases Back to the Drawing Board

Hundreds of decisions issued by the National Labor Relations Board (NLRB) must be re-decided after the U.S. Supreme Court's recent ruling that President Obama did not have the authority to appoint three members of the board...more

Health Care Reform Implementation Update - July 2014

On June 30, in one of the most highly anticipated cases affecting the Affordable Care Act (ACA), the Supreme Court ruled that closely held companies could assert a “religious objection” to the ACA contraceptive coverage...more

Labor & Employment E-Note

In This Issue: - High Court to Hear Case on Pregnancy Accommodations - Supreme Court Says Some Employees Don't Have to Pay Union Fees - Recent Decision Leaves Questions About Religion in Hiring Process - NLRB...more

Supreme Court Issues Decisions that Change Employment Law Landscape

The U.S. Supreme Court wrapped up its 2013 session by handing down three decisions that may significantly affect recent controversial rulings by the National Labor Relations Board, Affordable Care Act mandates on employer...more

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

Seattle Increases Minimum Wage to $15.00 Per Hour

Joining Hawaii, Maryland and Connecticut, all of which have voted to gradually raise their state minimum wages to $10.10 per hour, and Massachusetts, which has voted to gradually increase its minimum wage to $11.00 per hour,...more

Supreme Court Holds President May Make Recess Appointments During Intra-Session Recesses Of Sufficient Length

On June 26, the Supreme Court rejected the federal government’s challenge to a January 2013 decision by the D.C. Circuit that appointments to the National Labor Relations Board (NLRB) made by President Obama in January 2012...more

eAlert - Supreme Court Nixes Obama Administration's NLRB Recess Appointments

The U.S. Supreme Court, on the last day of its current term, has now had the final say in the Obama Administration's recess appointments controversy involving Noel Canning, a bottler of Pepsi-Cola products, and the National...more

Supreme Court Invalidates NLRB Appointments

In a highly anticipated decision, the U.S. Supreme Court unanimously invalidated three recess appointments to the National Labor Relations Board (NLRB) that President Barack Obama made in January 2012. NLRB v. Noel Canning,...more

It's Unanimous: Recent NLRB Appointments Ruled Unconstitutional

In a unanimous opinion released on June 25, 2014 the United States Supreme Court held in NLRB v. Noel Canning et al. that President Obama's recess appointments to the National Labor Relations Board (NLRB) in January 2012 were...more

Supreme Court Invalidation of NLRB Recess Appointments Clouds Many Board Decisions

The U.S. Supreme Court handed down a unanimous opinion on June 26, 2014, in National Labor Relations Board v. Noel Canning, ruling that President Obama's recess appointments to the National Labor Relations Board (NLRB or "the...more

Supreme Court Says Obama Overstepped Authority with Three NLRB Recess Appointments

Last week, the Supreme Court issued a long-awaited decision addressing the question of whether three recess appointees to the NLRB passed Constitutional muster....more

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