Top 10 NLRB Issues to Monitor the Rest of the Year

By | Labor Relations Today | July 25, 2014

1.  Aftermath of Noel Canning

The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional.  Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling.  Administrative actions taken by the Board and the former Acting General Counsel, Lafe Solomon, could also be affected by the decision.  Interestingly, Member Craig Becker, whose term in office was also effectuated via recess appointment, was deemed to be properly-appointed in a recent decision by an Administrative Law Judge, so presumably cases issued during his tenure are unaffected.

New Jersey Likely Next to Ban Discrimination Against the Unemployed

New Jersey Likely Next to Ban Discrimination Against the Unemployed

Earlier this month, we wrote about New Jersey’s proposed “ban the box” measure—a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process—heading to Governor Chris Christie’s desk. It’s still sitting there, so no news on that front. However, New Jersey employers will likely soon be dealing with additional hiring process restrictions because also sitting on Governor Christie’s desk is legislation aimed at prohibiting discrimination against the unemployed.