Labor & Employment Law, Constitutional Law

Update: Third Circuit recess appointment decision ups the ante on certiorari

by Keith R. Fisher | Ballard Spahr LLP on 5/24/2013

Last week’s News Flash alerted readers that a second federal appellate court has now invalidated a NLRB recess appointment as incompatible with the meaning of the phrase, “the Recess of the Senate” in the Recess Appointment...more

NLRB v. Noel Canning: confirmation that no brief in opposition to certiorari will be filed

by Keith R. Fisher | Ballard Spahr LLP on 5/24/2013

Based on a Reuters article quoting counsel for Noel Canning, Gary Lofland, I had previously indicated that the Respondent would not oppose certiorari in the case. ...more

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

by Keith R. Fisher, Alan S. Kaplinsky | Ballard Spahr LLP on 5/24/2013

A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more

Alabama Lawmakers Approve Bill Requiring Employers to Allow Firearms in Employees’ Vehicles

by Anne Averitt, John W. Hargrove | Bradley Arant Boult Cummings LLP on 5/23/2013

Alabama Governor Robert Bentley has signed into law SB286, a bill that limits employers’ restrictions on employee possession of guns in their cars at work. The House of Representatives voted 73-28 on Monday to approve a...more

McAfee & Taft Employer LINC: LABOR LAW UPDATE - Pro-union poster rule strikes out

by McAfee & Taft on 5/22/2013

During the last several years, the National Labor Relations Board has taken an increasingly active stance in promoting unions and union organizing efforts. Yesterday, the U.S. Court of Appeals for the District of Columbia...more

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

by Keith R. Fisher | Ballard Spahr LLP on 5/21/2013

As we reported earlier, the Solicitor General of the United States (SG) has filed in the U.S. Supreme Court a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning...more

Legal Alert: Another Federal Court Invalidates The Recess Appointment Of An NLRB Member

by FordHarrison on 5/21/2013

In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as...more

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

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

by Angela Bohmann, Jewelie Grape, Christina Sans | Leonard, Street and Deinard on 5/20/2013

On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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Labor & Employment Law › Constitutional Law

Update: Third Circuit recess appointment decision ups the ante on certiorari

NLRB v. Noel Canning: confirmation that no brief in opposition to certiorari will be filed

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

Alabama Lawmakers Approve Bill Requiring Employers to Allow Firearms in Employees’ Vehicles

McAfee & Taft Employer LINC: LABOR LAW UPDATE - Pro-union poster rule strikes out

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

Legal Alert: Another Federal Court Invalidates The Recess Appointment Of An NLRB Member

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

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

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

Update On The NLRB Poster Litigation

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

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

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

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

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

Federal Rule 68 and FLSA Collective Actions

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

Federal Appeals Court Strikes Down NLRB Notice Rule

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

NLRB Prevented From Requiring Employers To Post Notices

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

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

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

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