Speaking of the NLRB and decisions by Administrative Law Judges (ALJs), last week the Board unanimously ruled that its process for appointing administrative law judges falls in line with a recent Supreme Court decision on the subject. In Lucia v. SEC , SCOTUS found that the process used by the Security and Exchange Commission for…
Read More »As we’ve reported over the past few weeks, the question of Administrative Law Judges and their decisions came to the forefront this week when National Labor Relations Board ALJ Lauren Esposito rejected a proposed settlement on the joint employer issue. The case stems from Obama-era NLRB General Counsel Richard Griffin issuing a 2014 directive expanding…
Read More »In the wake of a SCOTUS decision decided just a few weeks ago (Lucia v Security & Exchange Commission) where the court ruled administrative law judges (ALJs) were in fact, “officers of the United States” and hence subject to the appointments clause in the Constitution, President Trump ordered the hiring process for ALJs changed. In…
Read More »Our democracy is predicated on the three branches of government being equal in power, but over the past week or so, the judiciary – and the US Supreme Court in particular – has sucked all the power out of the room! Most recently, the court’s decision in the Janus case (which we cover below) has…
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