In a decade as a federal appeals court judge, U.S. Supreme Court nominee Neil Gorsuch has criticized courts for giving too much power to government agencies that enforce the nation's labor and employment laws. As a lawyer in private practice, he also backed curbs on some class-action lawsuits.
Read More »Tag Archives: NLRB
NLRB: Menard Inc. violating labor law in employee treatment
Staff at the National Labor Relations Board says Wisconsin-based home improvement chain Menard Inc. is violating federal labor law in how the company treats its employees.
Read More »Madison attorneys wage Epic battle over labor laws
With a single click, Jason Lewis, a former technical writer at Epic Corp., gave away his right to band together with other employees to take his erstwhile employer to court.
Read More »Court slams Caterpillar for denying union access to site of worker’s death
A federal court has ordered Caterpillar to allow a union inspector into its South Milwaukee plant to investigate the 2011 death of a crane operator.
Read More »Walker calls for scrapping Davis-Bacon
Republican presidential candidate Scott Walker is hoping to pull his campaign off the mat by taking on unions — a familiar foe for the Wisconsin governor — in a sweeping plan to upend pillars of organized labor nationwide.
Read More »Labor board OKs personal use of company email
Employees can use their company email accounts for union organizing and other workplace-related purposes, if they do it on their own time, according to the National Labor Relations Board.
Read More »Case is yet another setback for NLRB
The true effect of the Noel Canning decision is yet to be seen, but it definitely will affect some companies that have cases pending on appeal.
Read More »Recess appointment ruling could spur NLRB delays, congressional gridlock
The U.S. Supreme Court decision striking down President Barack Obama’s 2012 recess appointments to the National Labor Relations Board invalidated hundreds of rulings made by the board over an 18-month period.
Read More »Court ruling comes as Obama’s use of power tested
Before a unanimous U.S. Supreme Court weighed in, the White House had brushed off claims that President Barack Obama was exceeding his executive authority as just so much grousing from frustrated partisans.
Read More »US Supreme Court rebukes Obama on recess appointments
The U.S. Supreme Court on Thursday limited the president's power to fill high-level vacancies with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.
Read More »Fired workers claim living wage support backlash in NLRB charge
Five former employees of an Elm Grove security company that contracts with Milwaukee County claim their support of a county living wage ordinance cost them their jobs.
Read More »New interpretations of legal guidelines for the workplace
From cross-dressing office workers and litigious strippers to employees who can toke like Cheech and Chong, the challenges employers face navigating employment and labor law are anything but boring these days.
Read More »NLRB memo could signal litigation priorities
Labor and employment attorneys are taking special notice of a recent memorandum issued by the general counsel of the National Labor Relations Board that requires regional officers to seek guidance from the board’s Division of Advice before proceeding on a broad array of matters.
Read More »Ex-Caterpillar employee sues company
A former Caterpillar employee is suing the company, claiming he was fired illegally after his doctor checked the wrong box on a medical report.
Read More »US Supreme Court takes dim view of NLRB appointments
The U.S. Supreme Court has cast serious doubt on President Barack Obama’s constitutional authority to install three members on the National Labor Relations Board without Senate approval in 2012.
Read More »LEGAL CENTS: Employee handbooks: What to know
No Crocs at work. That’s what I recall from skimming the lengthy employee manual recently on my first day at a new job.
Read More »NLRB opts not to appeal notice posting rule
Ending a legal battle over one the most controversial labor law regulations in recent history, the National Labor Relations Board has abandoned plans to seek high court review of two appellate decisions striking down the agency’s notice posting rule.
Read More »Businesses again challenge union poster rules
A prominent business group filed a lawsuit Wednesday challenging government rules that require federal contractors to display posters telling workers they have a legal right to form a union.
Read More »Appeals court sides with employers on arbitration (UPDATE)
Employers can require their workers to sign arbitration agreements waiving all rights to class-action lawsuits over workplace grievances, a federal appeals court ruled Tuesday.
Read More »Shutdown extends to local NLRB (UPDATE)
Wauwatosa attorney Martin Kuhn was in the middle of a National Labor Relations Board trial when the federal government shut down.
US Supreme Court term begins amid government shutdown
The U.S. Supreme Court is opening for business in the midst of a partial government shutdown.
Another big year on tap at US Supreme Court
After two high court terms full of high-profile cases ranging from the constitutionality of the Affordable Care Act to the fate of same-sex marriage laws, no one is calling the upcoming term a blockbuster. But perhaps they should be.
Employment lawyers keep watchful eye on NLRB’s continued limits
The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law.
Read More »Despite Senate moves, lawyers eye recess appointment case
The recent Senate confirmation of Richard Cordray as director of the Consumer Financial Protection Bureau and the forward motion on the nominations to the National Labor Relations Board could ultimately lessen the blow of a potential U.S. Supreme Court decision invalidating the president’s recess appointments to those agencies.
Read More »Republicans accuse Obama of being indifferent to the rule of law
In the courts of law and public opinion, congressional Republicans increasingly accuse President Barack Obama of exceeding his constitutional authority for the benefit of special interests, most recently by delaying a requirement for businesses to provide health care for their workers.
Read More »JOB CITES: How to interpret the NLRB’s latest take on social media
When employees get fed up at work, they increasingly turn to social media to air their gripes.
Supreme Court to decide fate of Obama’s recess appointments
In a case that will decide not only the fate of hundreds of National Labor Relations Board decisions and rules issued over the last 18 months but also help define the constitutional limits of presidential and congressional authority, the U.S. Supreme Court has agreed to decide whether the president had the power to install three of his nominees to the board without Senate approval.
Read More »Second court invalidates Obama recess appointment
A second federal appeals court has found that President Barack Obama exceeded his power when he bypassed the Senate to install a member to the National Labor Relations Board.
Read More »Senate panel considers labor board nominees (UPDATE)
Senate Republicans said Thursday they would not support five nominees to the National Labor Relations Board, raising the possibility the troubled agency could be rendered mostly inoperable later this year.
Read More »NLRB advice on confidential investigations has lawyers reading tea leaves
The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law.
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