Labor and Employment Law

Recent Posts

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

Posted on 15 Oct 2012 by Abbey Spanier

I have previously blogged about instances in which pregnant women have unsuccessfully sued their employers for discrimination . However, if the Pregnant Workers Fairness Act , which was introduced into the Senate on September 19, 2012 by U.S. Senators... Read More

Federal Court Rejects NLRB Challenge to State "Secret Ballot" Law
Posted on 12 Sep 2012 by Edwin Hopson

On September 5, 2012, U.S. District Court Judge Frederick J. Martone ruled that an Arizona state constitutional amendment addressing how employees choose a union was not on its face preempted by the National Labor Relations Act. The NLRB had filed suit... Read More

President Obama Details Possible Cuts to Federal Spending under Budget Control Act of 2011
Posted on 17 Sep 2012 by Edwin Hopson

On September 14, 2012, the President's Office of Management and Budget released a report on what the estimated impact of sequestration pursuant to Sequestration Transparency Act, as mandated by the Budget Control Act of 2011, would be on January 2... Read More

House Passes Bill to Prevent NLRB From Ordering Relocation of Work
Posted on 16 Sep 2011 by Edwin Hopson

On July 19, 2011, in response to the NLRB's issuance of complaint against Boeing arising out of Boeing's decision to build a number of its new 787 Dreamliners in a non-union plant in South Carolina, a bill entitled The Protecting Jobs From Government... Read More

Supreme Court Rules Drug Company Sales Employees Are Not Entitled to Overtime Pay
Posted on 20 Jun 2012 by Edwin Hopson

In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline , 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as "outside salesmen"... Read More

U.S. Chamber of Commerce Files Suit to Block The NLRB's New Notice Posting Rule
Posted on 21 Sep 2011 by Edwin Hopson

According to a press release issued by the U.S. Chamber of Commerce, it and the South Carolina Chamber of Commerce, on September 20, 2011, filed a lawsuit against the National Labor Relations Board (NLRB) challenging the NLRB's new rule requiring... Read More

NLRB's Solomon Considering More Regional Office Consolidations
Posted on 7 Jul 2012 by Edwin Hopson

In a press release issued July 2, 2012, NLRB Acting General Counsel Lafe Solomon announced that he is considering another proposal to reorganize Regional Offices. Previously, Solomon announced proposed consolidations involving St. Louis, Peoria, and Winston... Read More

NLRB Appeals Ruling Enjoining its New Regulations Meant to Speed Up Union Elections
Posted on 18 Aug 2012 by Edwin Hopson

On August 1, 2012, we reported that in Chamber of Commerce of the United States, et al. v. National Labor Relations Board , Civil No. 11-2262, the U.S. District Court for the District of Columbia had enjoined on May 14, 2012, the NLRB's implementation... Read More

NLRB Announces Case Statistics for Fiscal Yeal 2012
Posted on 26 Oct 2012 by Edwin Hopson

On October 16, 2012, the National Labor Relations Board announced that in the fiscal year just ended on September 30, 2012, it had issued 341 decisions in contested cases. Of that total, 277 were unfair labor practice cases and 64 were representation... Read More