Employment Law Report

By Edwin S. Hopson

On November 15, 2013, the U.S. Court of Appeals for the 11^th Circuit in Ambassador Services v. NLRB, No. 12-15124, rejected the employer’s argument that the NLRB lacked authority to issue the decision in its case because recess appointments to the Board made by President Obama in January 2012 were invalid.  The per curiam decision ...

By Edwin S. Hopson

The U.S. Court of Appeals for the Sixth Circuit in EEOC v. Peoplemark, ___ F3rd ___, No. 11-2582 (2013) recently affirmed a judgment against the U.S. Equal Employment Opportunity Commission in the sum of $751,942 for attorney fees and costs sought by Peoplemark, which claimed that EEOC’s action brought against it was ...

By George J. Miller

On November 7, 2013, OSHA issued a proposed regulation that would significantly amend the regulation regarding the annual OSHA injury and illness survey. 

The most significant aspect of the proposed change is a provision stating that OSHA intends to make the data it collects public, subject to restrictions imposed by the Freedom ...

By Edwin S. Hopson

The U.S. Supreme Court has set oral arguments in NLRB v. Noel Canning for January 13, 2014.  This case, involving the recess appointment of three members to the National Labor Relations Board in early January 2102 by President Obama, has several issues to be resolved, as specified by the High Court:

“1. Whether the President's ...

By Edwin S. Hopson

On November 4, 2013, Richard Griffin, Jr. was sworn in as NLRB General Counsel. His term will be for four years.  Griffin had served on the NLRB as a Board Member, having been recess appointed by President Obama in early January 2012.  His appointment, along with another recess appointee, was attacked as invalid.  The Supreme Court ...