By Nelson Cary and Lauren Sanders on Posted in NLRBOn Monday, the NLRB vacated its decision in Hy-Brand Industry Contractors. As we discussed on this blog in December, the Hy-Brand decision adopted a more demanding test for determining when multiple employers are considered joint employers. Monday’s decision comes on the heels of a report from the NLRB’s Office of the Inspector General (“OIG”). The… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in NLRBThe NLRB may soon have a full complement of members, with Republicans back in the majority. On January 12, 2018, President Trump nominated management-side attorney John Ring (R) to fill the single vacancy on the NLRB that opened when former Chairman Philip Miscimarra (R) stepped down last year. Ring is currently the co-leader of a… Continue Reading
By Nelson Cary on Posted in NLRBAs readers of this blog know, the Trump administration began its time in office with two vacancies on the NLRB. After some delay, nominations were finally announced for these positions, and included William Emanuel, a management side labor lawyer for a large, national labor and employment law firm, and Marvin Kaplan, an attorney working for the Occupational… Continue Reading
By Nelson Cary and Cory Catignani on Posted in Courts,Department of LaborThe 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
By Nelson Cary on Posted in CourtsEarlier this week, as I’m sure everyone has now heard, President Trump announced his pick for the U.S. Supreme Court. For those of you who missed it, President Trump nominated Neil Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit. Curious about his decisions in cases involving the NLRB, I set… Continue Reading
By Nelson Cary on Posted in NLRBEarlier this week, newly inaugurated President, Donald Trump, named Philip A. Miscimarra the acting chairman of the NLRB. Miscimarra, the sole Republican currently on the NLRB, is serving in a term that expires in less than 12 months. Two of the five NLRB positions are currently vacant. The details on the appointment process have not… Continue Reading
By Nelson Cary on Posted in NLRBLast week I reviewed the top five most significant developments in labor law from 2016. This week I have assembled a list of the five most important things that should be on every labor professional’s “to do” list for 2017. Pay Attention! From the NLRB to the DOL to the courts, 2017 will bring a… Continue Reading
By Nelson Cary on Posted in NLRBYou saw my take on the most significant issues of 2016 earlier this week. Here are the five posts from vorysonlabor.com in 2016 in which readers were the most interested: Five Labor Law Developments For Your 2016 “To Do” List The Persuader Rule has Arrived: A Must-Read for Employers The NLRB After a Trump Victory:… Continue Reading
By Nelson Cary on Posted in NLRBWell, 2016 is finally in the history books. It was certainly a momentous year for labor law. Here is my take on the five most significant developments in 2016: Donald Trump Elected President. As explained in my post-election post, there are two vacant seats on the NLRB and Member Miscimarra’s (R) term is expiring in… Continue Reading
By Nelson Cary on Posted in NLRB,RulemakingWith the dust still settling from our national election this week, I’ve been digesting what it means for the NLRB. So, here are some initial thoughts. Two of the five NLRB positions are vacant now. But, the details on the appointment process are messy. The NLRB members President Obama selected have staggered terms that will… Continue Reading
