NLRB Counsel Corrects Answer to SCOTUS

The author of the aforementioned expansion of the joint-employer definition, lame-duck NLRB General Counsel Richard Griffin sent a letter to the United States Supreme Court (SCOTUS) this week to clarify and correct “a series of inaccurate answers” he gave during oral arguments on Monday in the case of NLRB v. Murphy’s Oil. The issue in…

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SCOTUS to Hear Right to Work, Again

Speaking of the US Supreme Court, SCOTUS has announced that it will take up the case of Janus v AFSCME, dealing with right to work laws, and hear arguments in the case this term (likely next calendar year). At issue is whether or not public-sector workers can be forced to join the representing union or…

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Senate Confirms Emanuel For Full NLRB

For the first time in quite a while, the National Labor Relations Board operated with a full complement of Directors this week as fifth Director William Emanuel was confirmed early this week by the United States Senate on a party-line vote of 49-47. Emanuel’s confirmation gives the 5-person Board a 3-2 republican majority for the…

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More Change in the Air at NLRB

It seems that the broad subject of the NLRB has dominated our writings more than not over the past few months, and it will likely continue. Last week, the US Senate confirmed the nomination of Marvin Kaplan to fill the 4th spot on the Board and then went on its summer recess until Labor Day!…

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Joint Employer Briefs to SCOTUS

Perhaps the lightening rod of all NLRB decisions during the tenure of General Counsel Griffin was the Board’s rewriting of the definition of joint employer. As the Browning-Ferris decision reverberated through business circles, the NLRB upped the ante when they began liberally applying their new standard to an array of industries and companies (McDonald’s, DirectTV,…

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SCOTUS To Decide Tip Pooling Issue

It has been a point of contention – and a source of great income for some in the plaintiff’s bar – for the past several years, but the validity and breadth of tip pooling in the restaurant industry will finally be decided when the Supreme Court (SCOTUS) hears the question this fall. In yet another…

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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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Local Right-to-Work Laws Upheld in Kentucky

There are currently 26 states (more than half the country) that have enacted right-to-work laws – prohibiting non-union members from being forced to pay union dues against their will – but Kentucky is not one of them.  And, with the Kentucky House controlled by pro-union democratic representatives, the votes were not there to enact right-to-work…

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Illinois Nonunion Member Fees Challenged Too

The flip side of the right to work debate is being resurrected in Illinois where two government employees are seeking to appeal a dismissal by the US District Court for the Northern District of Illinois.  The case, Janus v. AFSCME, was originally brought by Illinois Governor Bruce Rauner challenging government worker unions for requiring “fair…

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US Supreme Court Rejects Workers Comp Challenge

Last week, the US Supreme Court declined to take under review a challenge to Workers Compensation in the state of Florida.  The case, an appeal on which the Florida State Supreme Court had already refused to review, was brought by a nurse injured on the job who contended that the “new” workers compensation system, put…

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