Labor & Employment Law, Election & Politics Law

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

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

New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013

by Thomas J. Flaherty, Rebecca Roche | Littler on 5/20/2013

Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The...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

No Surprises in Senate Committee Hearing on NLRB Nominees

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

There were no real surprises at today’s Senate HELP Committee’s hearing on President Obama’s five NLRB member nominees. The Senate Committee members agreed that the nominees were well qualified for the jobs, and thanked them...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

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

by Barbara S. Mishkin | Ballard Spahr LLP on 5/17/2013

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/16/2013

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

Proposed Non-Compete Legislation in Connecticut Follows Legislative Trend

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/16/2013

So far, 2013 has been active for proposed non-compete legislation. At the beginning of any calendar year, it's not surprising to see a number of bills introduced in state assemblies or legislatures - many of which have...more

White House Stands Firm on Path to Citizenship

by Ronald Shapiro on 5/15/2013

At the start of this month, President Barack Obama publicly indicated that he would seek compromise in order to get a comprehensive immigration bill signed into law this year, but he also stated unequivocally that he would...more

Swiss Voters Approve “Against the Rip-Off” Referendum Restricting Corporate Compensation

by Celia Joseph | Fisher & Phillips LLP on 5/15/2013

On March 3, 2013, voters in Switzerland approved a referendum providing one of the world’s most onerous restrictions regarding executive compensation. The referendum entitled, “Eidgenössische Volksinitiative ‘gegen die...more

Health Care Reform Update -- May 13, 2013

by Joseph P. Hammang, Alexander Hecht, Abby Matousek, Jeremy Rabinovitz | Mintz Levin - Health Law on 5/15/2013

In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups...more

Legislative Update: Social Media Account Protection and Paid FMLA?

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/14/2013

With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more

Are You Feeling Sick? New York City Passes a New Sick Leave Law

by Jill Lowell, Jean Schmidt, Terri Solomon | Littler on 5/13/2013

If at first you don't succeed, try and try again. That is what the New York City Council (the Council) has done since 2009. And after four years, the result is a controversial sick leave law, the Earned Sick Time Act (the...more

Colorado Construction Legislation Update

by Sherman & Howard L.L.C. on 5/13/2013

The 2013 Colorado Legislative Session ended on May 8, 2013. Although construction issues were not at the forefront, a few bills pertinent to the construction industry did appear and pass this Session. This advisory provides...more

NJ Gov. Vetoes Employer Facebook Password Request Ban

by Aaron Kase | Lawyers.com on 5/10/2013

New Jersey Gov. Chris Christie on Thursday vetoed a law passed by the legislature that would ban employers from asking for the social media passwords of workers and applicants. Christie said that he would sign the bill if it...more

Labor Letter, May 2013: The NLRB's Quorum Quandary

by Laurel Cornell, Erin Sweeney | Fisher & Phillips LLP on 5/10/2013

The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of...more

More Controversy With the National Labor Relations Board

by Eric Holshouser | Fowler White Boggs P.A. on 5/9/2013

On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable....more

Pension Changes Proposed in Ontario Budget

by Mark Newton, Evan Van Dyk | Heenan Blaikie LLP on 5/9/2013

On May 2, 2013, the Liberal government in Ontario released its proposed budget. While the NDP has not yet lent the proposed budget support in order to ensure its passage, the Heenan Blaikie Pensions, Benefits and Compensation...more

Capitol Report: Bill Revising Florida’s 2012 Captive Insurance Law Passed By 2013 Florida Legislature

by Kelly Cruz-Brown | Carlton Fields on 5/8/2013

Committee Substitute for House Bill 1191 (CS/HB 1191) makes several changes to Florida’s captive insurance law to remedy unintended consequences that may have resulted from the 2012 enactment of Committee Substitute for...more

Under The Dome: Inside The Maine State House 5-3-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 5/8/2013

In This Issue: Legislature Enters Final Stretch; Appropriators Receive Bad News Regarding Revenue Forecast; Tax Reform Proposal Officially Rolled Out; Major Initiatives of the Governor Topic of Debate... ...more

Senate Immigration Proposal Offers Both Exciting Options And More Regulation For Employers

by Doug Hass | Franczek Radelet P.C. on 5/8/2013

Last month, the so-called “Gang of Eight” Democratic and Republican Senators released their comprehensive immigration reform bill entitled the “Border Security, Economic Opportunity, and Immigration Modernization Act of...more

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

by Mark Diana, Christopher Elko, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/8/2013

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

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Labor & Employment Law › Election & Politics Law