All Items: National Labor Relations Board (NLRB)

  • Supreme Court Uses NLRB Case to Limit Presidential Power

    Date:
    March 23, 2017

    The Supreme Court has ruled that then President Obama exceeded his authority in allowing Lafe Solomon to serve as the NLRB's interim general counsel while he was awaiting Senate confirmation for the permanent general counsel position. The ruling is significant in that it could apply to any future temporary agency appointments that President Trump might consider.

  • Trump Nominates Alex Acosta for Secretary of Labor

    Date:
    February 17, 2017

    President Trump moved quickly to fill the Secretary of Labor role, nominating Alexander (Alex) Acosta less than 24 hours after his first nominee, Andrew Puzder, withdrew when it appeared he did not have the votes to be confirmed by the Senate. Acosta would be the first Latino member of Trump's cabinet if confirmed.

  • Supreme Court Delays Major Employment Arbitration Class Action

    Date:
    February 10, 2017

    The US Supreme Court will wait to hear a trio of mandatory arbitration cases involving class action waivers in employment until its next term, which does not begin until October. The delay makes it more likely that Supreme Court nominee Neal Gorsuch, if confirmed, will be in a position to cast a possible decisive vote.

  • Trump Tabs New Temporary Heads of NLRB and EEOC

    Date:
    January 27, 2017

    President Trump has taken steps to shift the direction of the NLRB and EEOC in naming Philip Miscimarra and Victoria Lipnic as acting chairs of these agencies. Both are Republicans who often dissented from employee-friendly rulings and regulations in recent years.

  • 9th Circuit Becomes Second Appeals Court to Rule That Class Action Waivers Violate NLRA

    Date:
    August 30, 2016

    The 9th Circuit's ruling in Morris v. Ernst & Young, LLP, deepens a split between the circuits, increasing the odds that the Supreme Court eventually will resolve the question of whether arbitration agreements may include class action waivers.

  • NLRB Rules Grad Students Are Employees, Can Unionize

    Date:
    August 25, 2016

    The National Labor Relations Board (NLRB) has held that graduate students who work as teaching and research assistants are statutory employees under labor law and, therefore, are entitled to unionize and collectively bargain for better working conditions.

  • NLRB Allows Bargaining Units With Temporary, Permanent Employees Without Employer Consent

    Date:
    July 13, 2016

    In Miller & Anderson, Inc., the National Labor Relations Board has ruled that employer consent is not required for bargaining units that combine contingent and regular employees so long as the employees share a community of interest.

  • President Nominates Merrick Garland to Fill Supreme Court Vacancy

    Date:
    March 16, 2016

    President Obama has nominated DC Circuit Court of Appeals Chief Judge Merrick Garland to fill the vacant Supreme Court seat created by Justice Antonin Scalia's death. Garland is perhaps best known for overseeing the domestic terrorism prosecutions of Oklahoma City bomber Timothy McVeigh and Theodore Kazcynski, infamously known as the Unabomber. Garland has compiled an extensive record during his 19 years on the DC Circuit, including in employment law.

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News: HR guidance on the NLRB and enforcement against unfair labor practices.