Labor and Employment Law

Recent Posts

Lareau on NLRB Decision in New York New York
Posted on 19 Apr 2011 by Peter Lareau

In 2001, the NLRB held that a hotel/casino had violated the NLRA by refusing to allow Ark's off-duty employees to handbill the hotel's customers at the entrance to the hotel and at the entrances to Ark's restaurants. In March 2011, the... Read More

U.S. Supreme Court Hears Oral Arguments in NLRB Quorum Appeal
Posted on 14 Jan 2014 by Bajeerah LaCava

WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments... Read More

U.S. Senators File Brief Seeking to Invalidate the President's Recess Appointments to NLRB
Posted on 5 Oct 2012 by Edwin Hopson

On September 26, 2012, U.S. Senate Minority Leader, Mitch McConnell, announced that he and 41 other Senators had filed an amicus curiae brief in the U.S. Court of Appeals for the District of Columbia in Noel Canning v. NLRB , Nos. 12-1115, 12-1153, challenging... Read More

It’s a Little Too Little: Is the NLRB Headed Towards Irrelevance?
Posted on 22 May 2013 by Steptoe & Johnson PLLC

by Todd L. Sarver In my last blog post, which can be found here , I observed that it seemed the NLRB had "jumped the shark" and lost its relevance. I suggested that one way to restore some legitimacy to the NLRB was to appoint true "neutral"... Read More

Senate Confirms Five Members to the National Labor Relations Board
Posted on 31 Jul 2013 by Eric Meyer

Ladies and gentlemen, the National Labor Relations Board is back in business. (Well, somebody tell that to the Board, where it's been business as usual lately. More on that in a moment.) Yesterday, the Senate voted mainly along party lines to... Read More

Northwestern University Football Players Can Unionize, Says NLRB
Posted on 27 Mar 2014 by LexisNexis Legal Newsroom Staff

CHICAGO -- National Labor Relations Board Region 13 Director Peter Sung Ohr issued a decision yesterday in the case ( 13-RC-121359 ) brought by Northwestern University football players seeking to unionize, concluding that all grant-in-aid scholarship... Read More

High Court Agrees to Hear Appeal of NLRB Quorum Dispute
Posted on 24 Jun 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 agreed to decide whether President Obama's "recess" appointments of three members to the National Labor Relations Board in 2012 should be upheld ( National Labor Relations... Read More

Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination
Posted on 17 Nov 2010 by Bullivant Houser Bailey PC

by Krista N. H ardwick & Clay D. Creps An employer's right to monitor and restrict what its employees say about the company on websites such as Facebook, Twitter and personal blogs may have drastically changed. The National Labor Relations... Read More

Senate Committee to Hold Confirmation Hearing on McFerran NLRB Nomination
Posted on 19 Nov 2014 by Edwin Hopson

The U.S. Senate’s Health, Employment, Labor and Pensions Committee (HELP) has set a full committee hearing for November 20, 2014, on the nomination of Lauren McFerran to be a Member of the National Labor Relations Board. She was just nominated by... Read More

Senate Committee Approves President’s Nominations to the NLRB
Posted on 22 May 2013 by Edwin Hopson

On May 22, 2013, the Senate Committee on Health, Education, Labor & Pensions voted to approve the nominations of Mark Pearce, Richard Griffin, Sharon Block, Harry Johnson, and Phillip Miscimarra to be Members of the National Labor Relations Board... Read More

Democrat McFerran Approved by Senate HELP Committee to Be NLRB Member
Posted on 5 Dec 2014 by Edwin Hopson

On December 2, 2014, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved the nomination of Democrat Lauren McFerran to serve as a Member of the NLRB. Her nomination now goes to the Senate floor for consideration. It would appear... Read More

Court Rejects NLRB’s D.H. Horton Decision Invalidating Limits on Class Arbitration
Posted on 5 Dec 2013 by Edwin Hopson

The U.S. Court of Appeals for the Fifth Circuit in a split decison in D.H. Horton v. NLRB , No. 12-60031, decided December 3, 2013, rejected the NLRB’s ruling that an agreement between employees and Horton requiring arbitration and prohibiting class... Read More

Senate Committee Holds Hearing on Nomination of Sharon Block to be a Member of the NLRB
Posted on 16 Sep 2014 by Edwin Hopson

On September 9, 2014, the U.S. Senate’s Health, Education, Labor and Pensions Committee (HELP) conducted a hearing on the nomination of Sharon Block, a Democrat, to once again be a Member of the National Labor Relations Board. She was nominated... Read More

McNees Wallace & Nurick: The National Labor Relations Board 2011 Year in Review
Posted on 26 Mar 2012 by McNees Wallace & Nurick LLC

An Overview of the Board's Significant Decisions and Other Actions By Bruce D. Bagley, Esq . and Adam L. Santucci, Esq. Introduction By all accounts, 2011 was a busy year for the National Labor Relations Board ("Board"). In... Read More

Measures Introduced in the Senate and the House to Block Actions by Members of the NLRB
Posted on 22 Mar 2013 by Edwin Hopson

On March 21, 2013, the ranking member of the Senate Health, Education Labor and Pensions Committee, Lamar Alexander (R-TN), offered an amendment that would defund the enforcement of any decisions or regulations made by the National Labor Relations... Read More