As noted on an earlier post, the United States Supreme Court has held that arbitration agreements that contain class action waivers are generally enforceable. This was the holding in a case called Concepcion. That case specifically held that such agreements were enforceable under the Federal Arbitration Act. Full Story
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On Wednesday, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted to send the nominations of Mark Gaston Pearce (D), Sharon Block (D), Richard Griffin (D), Harry I. Johnson, III (R) and Philip A. Miscimarra (R) to the full Senate for consideration. Full Story
On April 25, 2013, the National Labor Relations Board (“NLRB” or “Board”) filed a petition for a writ of certiorari asking the United States Supreme Court to review the decision in NLRB v. Noel Canning in which the D.C. Circuit Court of Appeals held that President Obama’s January 2012 recess appointments to the NLRB were unconstitutional. Full Story
The National Labor Relations Board Office of the General Counsel released an Advice Memorandum in Tasker Healthcare Group, d/b/a Skinsmart Dermatology (“Tasker”) Case 04-CA-094222 on May 16, 2013 and concluded that an employee was not engaged in protected concerted activity when she posted comments to a Facebook group message that taunted her employer to “FIRE ME … Make my day …” Full Story
On May 16, 2013, in NLRB v. New Vista Nursing & Rehab., a divided panel of the Court of Appeals for the Third Circuit joined the D.C. Circuit in holding that the Recess Appointment Clause of the Constitution allows the President to make “recess appointments” (that is, without the advice and consent of the Senate) only when the Senate is on a formal intersession recess, as opposed to an intra-session break. Full Story
On April 26, 2013, the NLRB issued a ruling which found certain no solicitation – no distribution policies of the retail outlet Target Corporation improper. Full Story
On April 23, in Caterpillar Inc. v. NLRB, the Board found that the employer had violated Section 8(a)(1) and (5) of the Act by refusing a non-employee union representative access to the facility to conduct a health and safety inspection after a fatal accident. Full Story
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the NLRB’s August 2011 Notice Posting rule was invalid. Full Story
Hobbled by controversy over the political appointees that run the NLRB, last week brought news that the agency may not be on the road to recovery anytime soon. In twin developments, occuring on the same day last week, actions by the courts and the Congress demonstrated the tough political road ahead for the NLRB. Full Story
Group Sues Treasury and IRS to Amend 501(c)(4) Regulations http://t.co/61IW6xxQQO - @CovPoliticalLaw Beeting b/t Society of Corporate Secretaries and Governance Professionals and SEC provides insight http://t.co/YceCGLRxFu @@SECCorpGovLaw US Supreme Court Ruling May Hinder Ability to Challenge Agency Authority http://t.co/a2uKrrmFVr - @Squire_Sanders NLRB Reverses ALJ, Orders Deferral of Charge Against Union to Arbitration http://t.co/V2jgcvsTJQ - @seyfarthshawLLP House Subcommittee Questions Recent EEOC Activities http://t.co/JadzjkYf6l - @littlerasaps