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HTMLNo Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers
David C. Burton, Amanda Weaver, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
July 7, 2014, previously published on June 27, 2014
On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has potentially sweeping ramifications for the future of the...

 

HTMLReturn Of The Ambush: NLRB Resurrects Expedited Election Rules
David C. Burton, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
February 10, 2014, previously published on February 5, 2014
On February 5, the National Labor Relations Board re-issued a proposed rule change that would drastically expedite union representation elections. These “ambush election” rules are an attempt to achieve many of the same ends that unions have long sought, and failed, to achieve through...

 

HTMLIn Rebuff to Labor Board, Fifth Circuit Sustains Arbitration Agreements with Class Action Waivers
Beth Hirsch Berman, David C. Burton, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
December 9, 2013, previously published on December 6, 2013
In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action waivers as a preemptive defense to such lawsuits.

 

HTMLUnited States Court of Appeals for the District of Columbia Pushes Back at the NLRB and President Obama
David C. Burton; Williams Mullen;
Legal Alert/Article
January 29, 2013, previously published on January 28, 2013
Once again the National Labor Relations Board has been found to have issued a decision without the statutorily mandated three member quorum. On January 25, 2013, the United States Court of Appeals for the District of Columbia found that the National Labor Relations Board’s decision in the...

 

HTMLDo I Have to Pay Overtime? The Fair Labor Standards Act and the Financial Services Industry
Igor M. Babichenko, David C. Burton; Williams Mullen;
Legal Alert/Article
September 12, 2012, previously published on September 5, 2012
The number of Fair Labor Standards Act (“FLSA”) lawsuits continues to increase with no signs of slowing down. In the annual reporting period ending March 31, 2012, a record-high 7,064 FLSA lawsuits were filed in federal court. Although these FLSA lawsuits cut across a whole spectrum of...

 

HTMLStrike Three For The NLRB
William P. Barrett, David C. Burton; Williams Mullen;
Legal Alert/Article
May 21, 2012, previously published on May 16, 2012
It has been a rough couple of years for the National Labor Relations Board. First, the high priority union agenda of the Employee Free Choice Act could not get through Congress. Strike one. Next, the NLRB adopts through rulemaking a requirement that all employers post a notice to employees of...

 

HTMLNew EEOC Guidance Regarding the Use of Criminal Records
David C. Burton, Reba Mendoza; Williams Mullen;
Legal Alert/Article
May 2, 2012, previously published on April 30, 2012
On April 25, 2012, the Equal Employment Opportunity Commission (“EEOC” or the “Commission”) approved new guidelines regarding the use of criminal records in employment-related decisions. This comes on the heels of increasing access to criminal records, and the corresponding...

 

HTMLEmployer Beware: Informal Intra-Company Complaints Can Constitute Protected Activity
David C. Burton, Ashley W. Winsky; Williams Mullen;
Legal Alert/Article
February 6, 2012, previously published on February 3, 2012
On January 27, 2012, the Fourth Circuit held for the first time that an employee’s informal intra-company complaint regarding possible Fair Labor Standards Act (“FLSA”) violations can constitute protected activity under the FLSA’s anti-retaliation provision. Minor v....

 

HTMLGauntlet Thrown: Controversial NLRB Rule Prompts Legal Battle
David C. Burton, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
January 3, 2012, previously published on December 27, 2011
The National Labor Relations Board yesterday issued new amendments curtailing employers’ ability to challenge election procedures. The Board’s rule is the latest development in a highly contentious process, and moves the battle from the administrative arena to the courtroom.

 

HTMLNLRB Election Rule Update - A Last Minute Dash to the Finish Line?
William P. Barrett, David C. Burton; Williams Mullen;
Legal Alert/Article
December 1, 2011, previously published on November 30, 2011
As most of you will remember, last summer the National Labor Relations Board issued a Notice of Proposed Rulemaking to radically change its election rule procedures. We provided some analysis of the Board’s proposal at that time. [Client Alert: NLRB & US-DOL Issue Controversial Notices...