Calmer Seas for Acosta

For the past few months, we’ve reported regularly on the ups and downs of former Trump Labor Secretary nominee Andy Puzder and the ultimately successful effort to derail his appointment. Early indications are that the new nominee for the business-critical post, Alexander Acosta, (here is a story on his time on the National Labor Relations…

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Not a Moment Too Soon

It was reported this week that the Trump administration is looking at filling the two empty seats on the National Labor Relations Board soon, thereby creating a republican majority on the 5-member independent agency for the first time since 2008. The likely shift that a full complement of Directors would bring about could not be…

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Trump Names New Labor Nominee

In the wake of CKE Restaurants CEO Andy Puzder withdrawing as the nominee for Labor Secretary, President Trump wasted little time naming a replacement, nominating Alexander Acosta – a former National Labor Relations Board member, US Attorney for the Southern District of Florida, Justice Department official and the current dean of Florida International College of…

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House Hearing On NLRB

Speaking of the NLRB wreaking havoc, Congress is fully aware of it as well. A subcommittee of the US House Committee on Education and the Workforce (Representative Virginia Foxx, who chairs the committee, will be a keynote speaker at the CFA Lobby Day Forum – see below) wants to reign in the NLRB as quickly…

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To the Woodshed

Notwithstanding a possible delay in repeals of the Obama-era regulations, some in Congress are determined to call the “powers that be” to task and make their position known on some of the more egregious NLRB decisions and regulations. House Education and Workforce Chairwoman Virginia is apparently just one such individual.  She admonished NLRB General Counsel…

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Know When To Hold ‘Em, Know When To Fold ‘Em

We’re beginning to think that NLRB General Counsel Richard Griffin has never heard the Kenny Rogers classic song, The Gambler. Notwithstanding the Trump election and the likelihood that NLRB excesses will be reversed when the President gets control of the Board next year, Griffin keeps pushing expansion of the NLRB reach.  This week, he issued…

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Switching Chairs

Just last week, we advised readers of the scheduled term expirations for the members of the National Labor Relations Board, and the importance of the President filling vacancies on the Board.  In that vein, you’ll recall that the first to expire is the republican member Philip Miscimarra (December, 2017). Well, the power within the current…

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Labor Attorneys Planning Battle?

On the surface, it may seem that the labor issue pendulum has swung in favor of business with the Trump administration taking office and Congress in the republican control, but business interests shouldn’t expect the unions or their advocates in the plaintiff’s bar to go quietly into that good night! To the contrary, we found…

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NLRB and Joint-Employer, Again

Notwithstanding the judicial pounding the Obama administration and its regulatory schemes have been taking by the courts (and the electorate), the National Labor Relations Board is not deterred.  The agency recently announced they will appoint 5 administrative law judges from the Social Security Administration to replace those scheduled to retire at the end of this…

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New Joint-Employer Suit Filed

As courts strike down more of the Obama administration’s revised regulations, one of them that may most directly impact franchising served as the basis for another class action suit this week as more employees with a grievance try to get the “deep pockets” into court for liability.  This case was brought in Cook County, Illinois…

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