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"This Week In Employment Law" Quiz!

Are you in the know? Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will...more

ALJ Decision In Favor Of Union Is Vacated For -- Sexism!

Interesting. The National Labor Relations Board has vacated the decision of an administrative law judge on the ground that his credibility determinations "were based on sex stereotypes and demonstrated bias." The...more

Government Shutdown Central

Hard to believe, but labor and employment services are generally considered "non-essential." :-( You may have heard that the federal government shut down in the wee hours of Saturday morning. For the most part, the agencies...more

It's Official: Trump Names John Ring For NLRB Vacancy

As we have expected, President Trump this week nominated John Ring, former law partner of former Board Chairman Philip Miscimarra, to fill the vacancy on the National Labor Relations Board that was created when Mr. Miscimarra...more

Catching Up: New NLRB Chair, Starting Over, New Minimum Wages

I hope everyone's holidays were happy. While I was out . . . Marvin Kaplan is chairman of National Labor Relations Board. President Trump appointed Mr. Kaplan to become chairman, replacing Philip Miscimarra, who left the...more

Hello, Goodbye

Welcome back to an old friend, and goodbye to one we wish we'd had longer. President Trump has reappointed Democrat Chai Feldblum to another term on the Equal Employment Opportunity Commission. Commissioner Feldblum was...more

12/15/2017  /  EEOC , NLRB , Trump Administration

Three Hot Regulatory Issues For Employers To Watch

The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop. NLRB/EEOC coordination. The National Labor...more

BREAKING: Peter Robb Confirmed As NLRB General Counsel

We have a new General Counsel at the National Labor Relations Board! Law360 reports this evening that the Senate has confirmed, on a party-line vote, Peter Robb as General Counsel of the NLRB. Mr. Robb succeeds Richard...more

11/9/2017  /  NLRB , NLRB General Counsel

Emanuel Confirmed To NLRB, And GOP Now In The Majority

Management-side labor attorney William Emanuel was confirmed by the Senate today as a Member of the National Labor Relations Board. Mr. Emanuel’s confirmation gives the Republicans a 3-2 majority on the Board....more

BREAKING: Trump Nominates Peter Robb As NLRB General Counsel

Law360 just reported that President Trump, as expected, has nominated Peter Robb of Downs Rachlin Martin PLLC to be General Counsel for the National Labor Relations Board. If confirmed by the Senate, Mr. Robb will succeed...more

Trump Reportedly Has Chosen His Nominee For NLRB General Counsel

Bloomberg BNA reported last night that President Trump plans to nominate management-side labor attorney Peter Robb to become General Counsel for the National Labor Relations Board, replacing Richard Griffin, whose term...more

Bummer. NLRB Chairman Miscimarra Is leaving In December

Bloomberg BNA reported last night that Philip Miscimarra, Chairman of the National Labor Relations Board and a voice of reason, will be leaving when his term expires on December 16 of this year. Chairman Miscimarra said...more

8/8/2017  /  NLRB , Trump Administration

Kaplan Confirmed To NLRB – We Now Have An “R-D” Tie

The U.S. Senate yesterday confirmed Marvin Kaplan’s appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board. William Emanuel, a...more

NLRB Nominees Kaplan, Emanuel Advance To Senate Vote

Marvin Kaplan and William Emanuel, President Trump’s nominees to fill the two vacant seats on the National Labor Relations Board, cleared another hurdle Wednesday by making it out of the Senate Health, Education, Labor and...more

Senate Hearing On Labor And Employment Nominees Set For Today — But Will It Happen?

The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have...more

Trumpdate: Proposed Budget Shows “Yuuuge” Changes Afoot In Labor And Employment Arena

Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a...more

Trumpdate: NLRB Finalists, EEOC To Swallow Up OFCCP?

NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in...more

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman!...more

4/24/2017  /  NLRB , Trump Administration

Trumpdate: Tons of employment-related stuff!

The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good...more

Daily Trumpdate (Part Deux): Philip Miscimarra named NLRB chair

Law360 has just reported that President Trump has appointed Philip A. Miscimarra, the only current Republican member of the National Labor Relations Board, as Acting Chairman of the NLRB, replacing Mark Gaston Pearce....more

1/27/2017  /  NLRB , Trump Administration

“It’s going to be beautiful, believe me”: Trump on labor & employment law issues

Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes...more

Employer dos and don’ts for 2016 elections (NLRB-friendly version)

Labor Day marked the beginning of the “serious” election season. oIn 2012, I posted on dos and don’ts for employers, but many of my old recommendations aren’t going to work in today’s labor law climate. Here’s an updated...more

Threats, And Rumors Of Threats, Enough To Overturn Union Election, Court Says

Your kid plays a joke on you, and you respond, “I’m gonna kill you” while laughing at the joke. Idle threat, or serious? A co-worker tells you she will slash your tires if you vote against the union. Idle threat, or...more

Who Was Naughty, And Who Was Nice In Employment Law This Year

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

What’s Your Two Cents? Employment Law In The News

I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news...more

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