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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...

 

HTML“Ban the Box” Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries
D. Earl Baggett, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
February 3, 2014, previously published on January 29, 2014
On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for attorney’s fees if they attempt to screen applicants based on their criminal...

 

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.

 

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 Expands Regional Authority in First Contract Claims
William P. Barrett, David C. Burton, Heath H. Galloway, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
March 4, 2011, previously published on February 24, 2011
With a new General Counsel’s Memorandum, the NLRB has increased the autonomy of Regional Offices to seek remedies against Employers in “first contract” charges. On February 18, 2011, Acting General Counsel Lafe E. Solomon issued memorandum GC 11-06 to each of the Regional Offices...

 

HTMLBoard Proposes Rule Mandating NLRA-Rights Posters in the Workplace and Announces an Aggressive New Initiative against Employers in Organizing Contexts
William P. Barrett, David C. Burton, Heath H. Galloway, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
December 23, 2010, previously published on December 22, 2010
With the Republican gains in the Senate and takeover of the House in the November elections, labor’s top statutory priority, the Employee Free Choice Act, has been all but declared dead. In an effort to strengthen the National Labor Relations Act (“NLRA”) the National Labor...

 

Adobe PDFBill Seeks to Broadly Expand Gender Discrimination Suits
Heath H. Galloway, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
October 7, 2010, previously published on October 1, 2010
A bill recently introduced in the United States Senate could lead to a wave of new gender discrimination suits and leave employers vulnerable to high-dollar damages. The “Paycheck Fairness” bill, which passed the House last year, could become law if Senate leaders succeed in their...

 

Adobe PDFDramatic Supreme Court Decision Vacates Years of NLRB Cases
William P. Barrett, David C. Burton, James V. Meath, Douglas M. Nabhan, James Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
July 1, 2010, previously published on June 2010
An unexpected Supreme Court ruling has vacated hundreds of labor decisions, casting years of labor precedent into doubt. From 2008 until the middle of 2010, a two-member panel of the National Labor Relations Board (the “Board”) issued almost 600 decisions in labor cases. In its June 17,...

 

Adobe PDFAppointments Signal New Era in Employment Law Enforcement
David C. Burton, Heath H. Galloway, James Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
April 16, 2010, previously published on April 5, 2010
Employers likely have not noticed a significant shift in the enforcement of labor and employment laws under the Obama administration. That is about to change. This month, the president announced recess appointments to fill 15 top spots at critical government agencies, including the National Labor...