Dean: Law Schools Use Merit Scholarships To Boost Rankings
White House, Senate Reach Compromise that Brings NLRB & CFPB Appointments Near
Stealth Lawyer: Ruchi Bhowmik, Deputy Cabinet Secretary
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
What You Need to Know About New Secretary of Labor Thomas Perez
Unlocking Your Cell Phone Is Now Illegal, but Not for Long
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
What Companies Should Do to Prepare for Implementation of Cybersecurity Executive Order
Obama Administration Calls for Free Access to Federally Funded Research
How to Respond to President Obama's Cybersecurity Executive Order
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
Where Does the Cybersecurity Executive Order Hit and Miss the Mark?
A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules
Should Wall Street Fear Mary Jo White?
What Next for the NLRB?
Same-Sex Marriage Cases in 90 Seconds
Obama's SCOTUS Shortlist
What to Expect from the Supreme Court During Obama’s Second Term
The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that focused on “whether the...more
One of the more significant reforms made by the National Labor Relations Board (NLRB) under the leadership of President Barack Obama’s appointees were the modifications made to the representation-case procedures. These...more
It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive...more
The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that...more
How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President...more
On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly...more
Editor’s note: This article was updated on February 1, 2017, to reflect new developments. While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more
In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers? Trump has thus far given few details on his thoughts on labor and employment. But with...more
Amid a swarm of controversy created by Senate Republicans’ vow to stonewall a hearing or vote on any Supreme Court nominee during this election year, President Obama has nominated Merrick Garland, chief judge of the U.S....more
On March 15, 2016, President Barack Obama nominated Chief Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit to fill the vacancy on the Supreme Court of the United States created...more
It’s no secret that employers can gain information about productivity and safety if they monitor employees. They can also catch employees engaged in misconduct. In light of a recent advice memorandum from the National Labor...more
Last April, President Obama issued Executive Order 13,665, prohibiting federal contractors and subcontractors from publishing or enforcing rules intended to keep employees from discussing their compensation. On September 10,...more
On September 7, 2015, President Obama issued an Executive Order establishing paid sick leave for federal contractors. The Executive Order currently applies only to contracts entered into on or after January 1, 2017....more
Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more
The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more
The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint...more
On March 31, 2015, President Obama used the fourth veto of his presidency to prevent passage of S.J. Res. 8, a congressional resolution aimed at blocking implementation of the NLRB’s “Quickie Election” Rule. The NLRB Rule,...more
The National Labor Relations Board (NLRB or the "Board") is now poised to implement its new "ambush election" procedures on April 14, 2015 after President Obama vetoed a Congressional resolution yesterday, which had...more
Recently, President Obama sat down for an interview with Stephen Colbert in which he was asked about his 2008 campaign mantra that presidents tended to grab too much power. “Then you became president, and you seemed to hold a...more
In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more
On Monday December 8, 2014, the U.S. Senate voted along party lines to confirm President Obama nominee Lauren McFerran to the National Labor Relations Board (NLRB). McFerran, currently the chief labor counsel for the Senate...more
And here we go again. We have noted that the National Labor Relations Board is aggressively expanding employee protections and organized labor opportunities, that the EEOC has decided to claim many common provisions of...more
On July 31, 2014, with a stroke of his pen, President Obama promulgated new rules targeting government contractors who commit “serious,” “repeated,” “willful” and “pervasive” violations of laws regulating the workplace. The...more
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
As we discussed recently in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” last week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal...more