White House, Senate Reach Compromise that Brings NLRB & CFPB Appointments Near
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules
What Next for the NLRB?
Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and 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
Since it was filed in a California federal court in July 2012, we have been following Consumer Financial Protection Bureau (CFPB) v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by...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
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
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
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
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
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
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
Last week, the Supreme Court issued a long-awaited decision addressing the question of whether three recess appointees to the NLRB passed Constitutional muster....more
In a unanimous decision issued June 26, 2014, the Supreme Court ruled that President Obama’s three so-called recess appointments to the National Labor Relations Board in January 2012 were unconstitutional and invalidated the...more
In Noel Canning, the U.S. Supreme Court unanimously decided that President Obama’s January 2012 recess appointments to the National Labor Relations Board (“NLRB” or the “Board”) violated the Constitution. Non-union and union...more
On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision and invalidated President Obama’s January 2012 appointments of three individuals to the National Labor Relations Board (NLRB),...more
The United States Supreme Court recently issued a much anticipated decision in NLRB v. Noel Canning, holding that President Obama’s three appointments to the National Labor Relations Board (“NLRB”) during the Senate’s pro...more
On June 26, 2014, the United States Supreme Court handed down its Noel Canning decision, unanimously finding that President Obama's January 4, 2012, appointments of Sharon Block, Richard Griffin and Terence Flynn to the...more
The Supreme Court’s decision last week in NLRB v. Canning left many employers scratching their heads – and with good reason. Sure, the unanimous ruling served as a rebuke to the Obama Administration, and hundreds of...more
Last week the U.S. Supreme Court issued its highly anticipated decision in Noel Canning v. NLRB. Affirming the D.C. Circuit's January 2013 ruling in favor of beverage distributor Noel Canning, the Court held that President...more
In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more
On June 26, 2014, the U.S. Supreme Court unanimously limited the President’s power to make recess appointments under the Recess Appointments Clause of the Constitution, Art. II, Sect. 2, Cl. 3. While the decision involved...more
On June 26, 2013, the U.S. Supreme Court held in National Labor Relations Board v. Noel Canning that President Obama’s use of recess appointments to fill three vacancies on the National Labor Relations Board in January 2012...more
It should be no surprise that the CFPB and Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, have different perspectives on the U.S. Supreme Court’s ruling last week that President...more
The United States Supreme Court yesterday invalidated President Obama’s January 2012 recess appointments to the National Labor Relations Board. In the widely anticipated case of NLRB v. Noel Canning, the Court concluded that...more
On June 26, 2014, the U.S. Supreme Court affirmed the decision issued by the U.S. Court of Appeals for the District of Columbia Circuit that President Obama’s recess appointments to the National Labor Relations Board (NLRB)...more
On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has...more
President Barack Obama’s National Labor Relations Board (NLRB) member appointments made under the Recess Appointment Clause on January 4, 2012 were unconstitutional, the U.S. Supreme Court ruled in NLRB v. Noel Canning,...more