Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: appeal

Briefing Schedule Set in Persuader Rule Appeal

Posted in Courts, Department of Labor
The Fifth Circuit Court of Appeals has set the briefing schedule in the government’s appeal of the nationwide injunction of the persuader rule.  The government’s brief is due April 17, 2017.  Response briefs are due 30 days later.  Reply briefs must be filed 14 days after the response brief. The briefing schedule may finally tell us… Continue Reading

Has President Trump Forgotten About the Persuader Rule?

Posted in Department of Labor, Rulemaking, Union Organizing
The Trump Administration has acted quickly to address some of the rules promulgated by the Department of Labor (“DOL”) during the Obama presidency. One such rule is the overtime regulation that would more than double the salary threshold for employees to be exempt from overtime requirements.  The overtime rule was invalidated by a Texas district… Continue Reading

Federal Court Permanently Blocks Persuader Rule

Posted in Courts, Department of Labor, Union Organizing
In welcome news to employers, a federal district judge in Texas earlier this week permanently blocked the Department of Labor’s (“DOL”) persuader rule. The court’s order makes permanent its June decision temporarily blocking the rule.  The temporary order is on appeal to the Fifth Circuit Court of Appeals.  Nonetheless, the court decided that the persuader… Continue Reading

UPDATE: Business Groups Appeal Loss on Election Rule

Posted in Courts, Elections, Union Organizing
Updating our post from yesterday, the Texas business groups who lost their challenge to the NLRB’s “ambush” election rule wasted no time filing a Notice of Appeal (pdf) of that decision to the U.S. Court of Appeals for the Fifth Circuit.  While it is certainly possible that the appeals court could reverse the decision, any… Continue Reading

Battle Over Notice Posting Rule Ends: NLRB Announces Decision Not to Appeal

Posted in NLRB
The battle over the NLRB’s notice posting rule appears to have concluded.  Last year, two different federal courts of appeals determined that the NLRB’s rule was unlawful.  The D.C. Circuit found that the rule violated an employer’s freedom of speech, which the NLRA guarantees.  The Fourth Circuit found that the NLRB didn’t have the statutory authority in the… Continue Reading

NLRB Announces Appeal of Recess Appointments Decision

Posted in NLRB
Earlier this afternoon, the NLRB announced that it will appeal the Noel Canning decision to the U.S. Supreme Court.  Noel Canning is the case from the federal appeals court in the District of Columbia holding that President Obama’s recess appointments to the NLRB were unconstitutional.  The NLRB’s announcement comes after, among other things, the court of appeals delayed oral argument in an a… Continue Reading