News & Analysis as of

NLRB v SW General

Web Exclusive: Supreme Court Review: Mixed Bag For Employers

by Fisher Phillips on

The 2016-17 Supreme Court term was truly a mixed bag for employers. The Court limited presidential power, reined in the appellate courts’ authority to review and overturn trial court decisions regarding EEOC subpoenas,...more

Jones Day’s Review of Business-Related Cases in the Supreme Court’s October Term 2016

by Jones Day on

During what many have labeled a “quiet Term,” the U.S. Supreme Court, working with only eight justices for most of the session, still delivered at least 30 rulings of particular interest to business and industry. These...more

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

March 2017: The 15 Biggest Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more

US Supreme Court Invalidates NLRB Acting General Counsel Appointment

by Morgan Lewis on

Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon. On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc....more

Has the Supreme Court invalidated almost two years of actions by the NLRB Acting General Counsel? (Maybe, but employers shouldn’t...

For the second time, the U.S. Supreme Court has handed a setback to the efforts of the Obama Administration to make appointments to leadership positions in the National Labor Relations Board. In Noel Canning (2014), the...more

Solomon’s Service Violated Federal Law: Supreme Court Rules on Acting NLRB General Counsel Dispute

On March 21, 2017, the Supreme Court of the United States ruled that the Federal Vacancies Reform Act of 1998 (FVRA) prevents a person nominated to fill a vacant office requiring presidential appointment and Senate...more

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated...

by FordHarrison on

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

Supreme Court Decides National Labor Relations Board v. SW General, Inc.

by Faegre Baker Daniels on

On March 21, 2017, the United States Supreme Court decided National Labor Relations Board v. SW General, Inc., No. 15-1251, holding that the Federal Vacancies Reform Act of 1998 (FVRA) prevents any person nominated for a...more

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

by Littler on

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more

Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel

The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March...more

Supreme Court Uses Labor Case To Again Stifle Presidential Power

by Fisher Phillips on

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a...more

The Supreme Court - March, 2017 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927: Petitioner SCA Hygiene Products Aktiebolag (“SCA”) brought a...more

NLRB Complaints May Be Voidable After SCOTUS Ruling

by Ballard Spahr LLP on

The U.S. Supreme Court has affirmed a lower court's decision to vacate a National Labor Relations Board (NLRB) complaint issued by the Board's Acting General Counsel, who at the time was ineligible to serve based on the...more

Supreme Court Affirms Invalidation of Most of Lafe Solomon’s Tenure as Acting General Counsel

by McGuireWoods LLP on

The Supreme Court has settled the question surrounding the validity of acting NLRB general counsel Lafe Solomon’s official actions. Yesterday, in National Labor Relations Board v. SW General, Inc., 580 U.S. –, Case Nos....more

SCOTUS Upholds Federal Vacancies Reform Act

On March 21, 2017, the U.S. Supreme Court decided the case of NLRB v. SW General, Inc., dba Southwest Ambulance. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Not Much To Look Forward To? A Preview Of The Supreme Court’s 2016-2017 Term

by Fisher Phillips on

As is its usual custom, the U.S. Supreme Court (SCOTUS) will kick off its 2016 term on the first Monday of October. While recent years have seen highly anticipated and equally controversial workplace law matters decided by...more

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