Recess Appointments

News & Analysis as of

D.C. Circuit Rules Small Bank has Standing to Challenge the Constitutionality of Consumer Financial Protection Bureau

Last week, the D.C. Circuit Court of Appeals reversed a D.C. District Court decision dismissing a bank’s complaint challenging the constitutionality of the CFPB based on lack of standing. The district court had concluded that...more

DC Circuit Keeps Alive Bank’s Constitutional Challenge to CFPB’s Existence

Most constitutional challenges to agency action arise as a defense to an enforcement action. However, State National Bank of Big Spring, Texas (the “Bank”) has led a constitutional challenge to the very existence and...more

Bank Has Standing to Challenge Constitutionality of CFPB

In State National Bank of Big Spring v. Lew, the United States Court of Appeals for the District of Columbia Circuit ruled that the plaintiff had standing to challenge the constitutionality of the CFPB. The Court made quick...more

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more

Executive Labor Summary - June / July 2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

NLRB Reaffirms Noel Canning Position on Use of Class Waivers in Arbitration Agreements

In its Noel Canning decision earlier this year, the U.S. Supreme Court vacated numerous decisions made by the National Labor Relations Board based on lack of a required quorum. The Court decided that President Obama’s recess...more

CFPB’s constitutionality again before D.C. Circuit in Morgan Drexen appeal

The CFPB’s constitutionality is again before the D.C. Circuit, with the D.C Circuit now being asked to consider the impact of the U.S. Supreme Court’s decision in NLRB v. Canning on actions taken by the CFPB while Director...more

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

NLRB Ratifies Administrative Actions Taken during Invalid Recess Appointment Period

On the heels of the U.S. Supreme Court’s June ruling in N.L.R.B. v. Noel Canning, et al., which invalidated President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB), the NLRB recently ratified a...more

Republican Committee Leaders Question CFPB On Recess Appointment Activities

On July 29, House Financial Services Committee Chairman Jeb Hensarling (R-TX) and Senate Banking Committee Ranking Member Mike Crapo (R-ID) sent a letter to CFPB Director Richard Cordray questioning the CFPB’s authority to...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

The Attack On Franchising: An Analysis

General Counsel for the National Labor Relations Board and former General Counsel for the International Union of Operating Engineers, has decided to assert that McDonald's Corporation and its franchisees are "joint...more

A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning,...more

Letter from leading Republicans to Director Cordray questions pre-confirmation actions

Following up on his earlier statement about the impact of the Supreme Court’s decision in NLRB v. Noel Canning on Richard Cordray’s actions taken prior to his July 16, 2013 confirmation by the Senate as CFPB Director,...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

President Obama Re-Nominates Recess Appointee Sharon Block to Fill Next NLRB Vacancy

The White House announced on Friday that it will re-nominate former Member Sharon Block to the NLRB, likely to replace Nancy Schiffer, whose appointment expires later this year. Block was one of the recess appointees to the...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

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

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