By Edwin S. Hopson
On January 13, 2012, the National Federation of Independent Business announced in a press release that it was seeking to amend its legal action filed in federal court on September 28, 2011, against the National Labor Relations Board over its new notice posting regulation, to include a new claim that the NLRB lacks the authority ...
By Edwin S. Hopson
In a case decided January 11, 2012, the U.S. Supreme Court unanimously held that a teacher at a Lutheran School could not maintain an action under the employment discrimination laws arising out of her discharge from employment. Chief Justice John Roberts, writing for the court, in Hosanna-Tabor Evangelical Lutheran Church ...
In a decision issued January 3, 2012, a two Member NLRB, with Member Hayes recusing himself, ruled in D.R. Horton, Inc., 357 NLRB No. 184 (2012), that an employer may not require employees covered by the National Labor Relations Act to sign arbitration agreements which prevent them from pursuing class or collective action claims in court or ...
On January 4, 2012, President Obama announced three recess appointments to the National Labor Relations Board: Terrence Flynn, a Republican, who had earlier been nominated by the President about a year ago, but whose nomination had not been acted upon by the Democratically-controlled Senate; and Democrats Sharon Block, a Department of Labor ...
By Edwin S. Hopson
The U.S. Department of Labor recently announced that it was filing a notice of proposed rule-making regarding its regulations pertaining to the exemption for companionship services and live-in domestic services.
Section 13(a)(15) of the Fair Labor Standards Act (FLSA) exempts from the minimum wage and overtime provisions ...
By Edwin S. Hopson
On December 23, 2011, the National Labor Relations Board announced that it had agreed to postpone the effective date of the employee rights notice-posting rule at the request of the federal judge in Washington, D. C. who is hearing one of the legal challenges to the notice posting rule. According to the Board’s press release ...
By Edwin S. Hopson
On December 20, 2011, the U.S. Chamber of Commerce filed a suit in the U.S. District Court for the District of Columbia challenging the NLRB’s amendments to its regulations governing union representation elections and seeking injunctive relief to stop the Board’s enforcement of the new rules.
The suit claims that the ...
By Edwin S. Hopson
On December 21, 2011, the NLRB announced that it was issuing its new amendments to the Board’s representation rules meant to speed up and streamline the union representation election process. It will become effective April 30, 2012. In summary, the changes as set out in the Board’s press release are:
- Amend § 102.64 to ...
By Edwin S. Hopson
According to various news and blog reports, President Obama has officially withdrawn his nomination of Craig Becker to be a Member of the National Labor Relations Board. Becker has been serving a recess appointment which will expire at the end of the year. Republicans in the Senate last year defeated an effort to confirm Becker to ...