NLRB General Counsel Illegally Appointed

The US Supreme Court (SCOTUS) issued the final word this week on President Obama’s appointment of Lafe Solomon as acting NLRB General Counsel back in 2010: the appointment was against the law! A quick summary, Lafe Solomon was named acting NLRB General Counsel by President Obama back in June, 2010 and formally nominated for the…

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But, Griffin’s Tenure Is Legal

Under the heading of “watch what you ask for, you might get it”, Lafe Solomon’s tenure was deleted by SCOTUS, but his replacement, Richard Griffin, who was confirmed by the Senate and gave us the new ‘joint-employer’ definition as well as a host of other egregious rulings, still has another eight months to serve in…

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Florida Committee Hearing Delayed

Just more proof that the wheels of government turn slowly, the hearing on the Protect Florida Small Business Act has been postponed until the first week of April. The Protect Florida Small Business Act, which was to be heard next Tuesday in Tallahassee, is an excellent piece of legislation that would restore some semblance of…

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NLRB Plows Ahead

Getting Acosta confirmed and in place is critical, as NLRB just keeps making headlines and its issues remain in the forefront. This week, the 6th Circuit Court of Appeals affirmed a ruling by an NLRB administrative judge that an employer prematurely withdrew recognition of their union but also overturned the prescribed NLRB remedy. Employees of…

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Paid Leave Surfacing Again

It has been rearing its head all around the nation for a while now, and the paid leave phenomenon got a boost when President Trump addressed Congress and told them he wanted them to pass paid family leave into law. So, with that boost, the issue continues with Maine considering adopting a version of the…

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Redirection Underway

When elected President in 2008, Barack Obama promised to “fundamentally change America”. Eight years later, Donald Trump, after his own election promised to undo much of that Obama ‘legacy’, and with republicans in control of both the House and Senate, that effort is well underway. This week, the US Senate passed repeal of the Fair…

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But, There Are the “Bitter-Clingers”

Not to their guns & religion, rather to the anti-business direction that was so aggressively advocated during the eight year Obama administration. Leading the pact are still the rulings of the NLRB, about which the US Chamber produced a report, entitled Restoring Common Sense to Labor Law, which identifies the 10 most egregious rulings from…

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Minimum Wages on the National & State Stages

At the national level, US Senator Sherrod Brown, an Ohio Democratic incumbent last week filed a 77-page piece of legislation that is a veritable smorgasbord of the union advocacy issues. Up for reelection in November of this year, Brown appears to be trying to ingratiate himself with all possible factions – including business. Aside from…

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Sick Leave Moving in Maryland

The paid sick leave mandate filed in North Carolina may have little chance of becoming law this session, but the outlook is completely different for the mandated benefit in the Maryland Assembly of Delegates. That democratically-controlled legislature has already moved the bill through the Assembly and on to the Senate for its deliberation. Maryland Governor…

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Of Grad Students & Football Players

Having been tied up in court on several of their major rulings regarding business issues (joint-employer, ambush elections, etc.) the NLRB has created a parallel universe of sorts with their rulings that university graduate students along with certain football-playing student athletes (students being the operable word in both cases) are employees for purposes of the…

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