Archive for the ‘Labor’ Category
Third Circuit: Appointment of NLRB Member During Intrasession Break Not Valid
In an ongoing and continuing discussion and battle concerning President Obama’s recess appointment of Craig Becker as a member of the National Labor Relations Board back in 2010, the Third Circuit Court of Appeals has weighed in, holding that the appointment was invalid, and that the board panel which included Becker therefore lacked a valid [...]
D.C. Circuit Court Strikes Down NLRB Posting Rule
The National Labor Relations Board (“Board”) had previously passed a rule that employers who were subject to its jurisdiction were required to post on their properties and websites a “Notification of Employee Rights under the National Labor Relations Act.” The posting basically advises employees of their rights to: form, join, or assist a union; bargain [...]
Seventh Circuit Clarifies How To Meet Injury Requirement of the Computer Fraud and Abuse Act
Employers who encounter the option of pursuing a current or former employee or independent contractor under the Computer Fraud and Abuse Act have at times passed on this option due to the specific injury requirement imposed by the Act. Fortunately, the Seventh Circuit of the U.S. Court of Appeals has recently provided guidance on how [...]
Eleventh Circuit Affirms Denial of Temporary Reinstatement Sought By NLRB
In NLRB v. Hartman & Tyner, Inc., Case No. 12-14508 (11th Cir. April 16, 2013), the Eleventh Circuit of the U.S. Court of Appeals affirmed a trial court ruling that denied the NLRB’s request to have six employees temporarily reinstated to their jobs. The Board charged the employer with discharging the employees because of their [...]
Collective Action Cannot Proceed Where Representative Plaintiff’s Claim Rendered Moot
Today, the U.S. Supreme Court issued its ruling in Genesis Healthcare Corp et al v. Symczyk, No. 11-1059 (U.S. Supreme Court, April 16, 2013) , holding that the employee could not maintain a collective action once her individual claims were rendered moot. In this case, the employee, who worked as a nurse at a Philadelphia [...]
Citing “Legal Uncertainty” Caused by Recess Appointments, House GOP Members Introduce Bill to Halt All NLRB Activity
On March 13, 2013, GOP members of the House Education and the Workforce Committee introduced a bill intended to put a halt to all actions by the National Labor Relations Board pending resolution of the confusion caused by a recent D.C. Circuit ruling that found President Obama’s ”recess appointment” of two of the three current NLRB members [...]
USCIS Issues New Version of Form I-9 for Immediate Use
On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9, the Employment Eligibility Verification Form. As most employers are aware, Form I-9 must be used to verify the identity and employment authorization of all new employees. The new version of the Form I-9 (available for download by clicking [...]
Florida Court Declares 104-Week Limit of Temporary Benefits Unconstitutional, Reinstates 260-Week Cap
The Florida First District Court of Appeals was recently presented with a question concerning the constitutionality of the 104-week limitation on temporary indemnity benefits based on an injured worker who was not yet ready to return to work after the 104 weeks of temporary benefits, but who was not able to prove eventual permanent and [...]
School Principal Lacks Free Speech Claim As Work-Related Complaints Not Made as Private Citizen
A new middle school principal questioned her predecessor about certain expenditures made using the school credit card. The following year, the principal was placed on a performance improvement plan, and was later advised that the school was contemplating terminating her contract. The principal filed a police report claiming the predecessor misused school funds, and also [...]
NLRB Recess Appointments Are Invalid
The National Labor Relations Board (NLRB) is comprised of five members appointed by the President, with the advice and consent of the Senate. Traditionally, Presidents have appointed three members from their own political party, and two members from the opposition party. The Constitution authorizes the President to make “recess” appointments when the Senate is not [...]
