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HTMLCourts May Weigh In on the Constitutionality of President Obama's Recess Appointments to the National Labor Relations Board
Amy K. Klockenga, John W. Polley; Faegre Baker Daniels;
Legal Alert/Article
January 13, 2012, previously published on January 10, 2012
On January 4, 2012, President Obama bypassed the Senate and appointed Sharon Block, Richard Griffin, and Terence Flynn to the National Labor Relations Board ("Board") through the use of temporary "recess appointments." These recess appointments will expire at the end of the...

 

HTMLNew NTSB Recommendations and FMCSA Regulations Warrant Reconsideration of Employer Cell Phone Policies
Angela J. Morales, John W. Polley; Faegre Baker Daniels;
Legal Alert/Article
December 22, 2011, previously published on December 21, 2011
On December 13, 2011, the National Transportation Safety Board (NTSB) recommended that states ban nonemergency use of portable electronic devices (PEDs) by drivers of any motor vehicle.

 

HTMLCriminal Sanctions for Workplace Safety Violations
Jeffrey S. Beck, Gregory N. Dale, John W. Polley, Anne Zorn; Faegre & Benson LLP;
Legal Alert/Article
December 12, 2011, previously published on December 7, 2011
In recent years, the federal Occupational Safety and Health Administration (OSHA) has established several initiatives designed to ramp up inspection and enforcement activity. While OSHA has aggressively pursued alleged safety violators through sizeable civil penalties, it has taken a...

 

HTMLDespite Opposition, NLRB to Vote on Significant Changes to Union Election Procedures
John W. Polley, Sean Somermeyer; Faegre Baker Daniels;
Legal Alert/Article
November 24, 2011, previously published on November 22, 2011
The National Labor Relations Board (the "Board") will vote November 30, 2011 on a limited number of the comprehensive changes to union election procedures it proposed in June 2011. In a press release, the Board said its November 30 vote will be limited to several provisions of its...

 

HTMLLabor Relations Board Postpones Implementation of Notice-Posting Rule
John W. Polley, Sean Somermeyer; Faegre Baker Daniels;
Legal Alert/Article
October 10, 2011, previously published on October 6, 2011
On October 5, 2011 the National Labor Relations Board (the "Board") postponed implementation of its notice-posting rule, which had been scheduled to take effect on November 14, 2011. The Board states that the rule will now not take effect until January 31, 2012.

 

HTMLOSHA Issues Directive for Investigating Workplace Violence
John W. Polley, Nicole Truso; Faegre Baker Daniels;
Legal Alert/Article
October 3, 2011, previously published on October 3, 2011
On September 8, 2011, OSHA issued a compliance directive (the "Directive") on workplace violence that outlines enforcement procedures for OSHA field officers in determining whether and how to investigate employers for instances of alleged workplace violence. Relying on OSHA's General...

 

HTMLLabor Relations Board's Final Rule Requires Posting of Employees' NLRA Rights
John W. Polley, Sean Somermeyer; Faegre Baker Daniels;
Legal Alert/Article
September 19, 2011, previously published on September 13, 2011
On August 25, 2011 the National Labor Relations Board ("the Board") issued a final rule requiring employers covered by the National Labor Relations Act ("the Act" or "the NLRA") to post notices informing employees of their rights under the Act, including their right to...

 

HTMLBoard Proposes Major Changes to Union Election Procedures
John W. Polley, Sean Somermeyer, Anne Zorn; Faegre Baker Daniels;
Legal Alert/Article
August 11, 2011, previously published on August 9, 2011
In June, the National Labor Relations Board (the "Board") published proposed amendments that would significantly change how quickly union elections are processed and conducted by the Board. The Board held hearings on the proposed amendments in mid-July. It will receive written comments...

 

HTMLMinnesota "Time Off to Vote" Statute No Longer Limited to Mornings
Joseph Herriges, John W. Polley; Faegre & Benson LLP;
Legal Alert/Article
October 22, 2010, previously published on October 19, 2010
With Minnesota's gubernatorial election just weeks away, Minnesota employers need to be aware of recent amendments to Minnesota's "Time Off to Vote" statute, Minn. Stat. § 204C.04. The statute requires employers to give employees time off with pay to vote in state primary or general...

 

HTMLSupreme Court Decides New Process Steel, L.P. v. National Labor Relations Board
John F. Beukema, John W. Polley, Aaron D. Van Oort; Faegre & Benson LLP;
Legal Alert/Article
June 28, 2010, previously published on June 17, 2010
On June 17, 2010, the Supreme Court decided New Process Steel, L.P. v. National Labor Relations Board, No. 08-1457, holding that the five-member NLRB must have at least three members seated in order to issue decisions. The Court invalidated decisions issued by a two-member Board from late 2007...

 


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