With Trump Nominees, NLRB May Revisit Previous Rulings

With President Trump’s nomination of two pro-business attorneys to the National Labor Relations Board (NLRB), giving Republicans majority control, 3-2, observers are speculating that the board will revisit some Obama-era decisions and modify or reverse them. Marvin Kaplan, chief counsel of the independent federal agency, the Occupational Safety and Health Review Commission, was approved by […]

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Trump Nominates Business-Friendly Attorney to NLRB

President Trump has nominated William J. Emanuel to the National Labor Relations Board (NLRB) to fill the expiring post of Vice Chair Kent Yoshiho Hirozawa. If confirmed by the Senate, Emanuel would serve a term of five years, expiring on Aug. 21, 2021. Emanuel has argued cases before the NLRB for many years on issues such […]

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NLRB Adds ‘Textual Harassment’ to Supervisor Sins

The National Labor Relations Board (NLRB), in a unanimous decision, has expanded oral harassment to include smartphone text-based harassment, which board watchers immediately dubbed “textual harassment.” The National Labor Relations Act (NLRA) prohibits spoken harassment, by phone or in person, but when the law was written, there were no cell phones or text messages. In  RHCG […]

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DOL Withdraws Obama-era Administrative Interpretation on Independent Contractors

Secretary of Labor Alexander Acosta today announced the withdrawal of the Department of Labor’s (DOL’s) 2015 and 2016 informal guidance on joint employment and independent contractors. Removal of the administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act, […]

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Miscimarra Named Acting Chair of NLRB

President Donald J. Trump has named board member Philip A. Miscimarra acting chairman of the National Labor Relations Board (NLRB). “It is an honor to be named NLRB acting chairman by the President,” Miscimarra said. “I remain committed to the task that Congress has assigned to the board, which is to foster stability and to […]

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Supreme Court Limits Presidential Appointment Powers

The Supreme Court this week curtailed the appointment power of presidents by ruling that no one can be named as an acting head of a federal agency if that person has been nominated for the full position and that position requires Senate approval. The ruling springs from an action by then-President Barack Obama, who in 2011 named Lafe […]

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Fate of Obama Overtime Rule to Be Determined by May 1

The 5th U.S. Circuit Court of Appeals has granted the Trump administration an additional 60 days to decide what to do about appealing an injunction placed on the Obama-era overtime rule that was set to take effect this past Dec. 1, making May 1 decision day. The 60 days are in addition to an earlier 30-day […]

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Business, Trade Groups Ask Congress to Overturn NLRB Joint Employer Rule

In a letter to members of the House Education and Workforce Committee Tuesday, more than 50 business and trade groups asked Congress to pass legislation to overturn the joint employer standard of the National Labor Relations Board (NLRB), which holds franchisers equally responsible with franchisees for employee workplace issues. “The president can nominate two new board […]

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President Names Miscimarra Acting Chairman of NLRB

President Donald J. Trump has named board member Philip A. Miscimarra Acting Chairman of the National Labor Relations Board (NLRB). “It is an honor to be named NLRB Acting Chairman by the president,” Miscimarra said. “I remain committed to the task that Congress has assigned to the board, which is to foster stability and to […]

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7th Circuit Court Denies College Athletes Status as Employees

The U.S. 7th Circuit Court of Appeals has affirmed a district court’s ruling that denied employee status under the Fair Labor Standards Act (FLSA) to student athletes at the University of Pennsylvania, who had filed suit to establish an employer-employee relationship. In so ruling, the appellate court endorsed the U.S. Supreme Court’s statement in NCAA v. Board […]

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