The White House announced on Friday, September 15, 2017, that President Donald Trump has nominated Peter B. Robb to serve as the next General Counsel for the National Labor Relations Board. Robb is a management-side labor and employment attorney, who currently practices in Vermont. Robb previously worked as a field attorney for the NLRB, a supervisory attorney for the Federal Labor Relations Authority, and then as the Chief Counsel to former NLRB member Robert Hunter (a Republican), who was appointed to the Board in 1981 by President Reagan. In 1985, Robb began private practice representing company management in labor and employment law. As the General Counsel, Robb would decide which issues to put before the NLRB for resolution. A rollback of a number of union-friendly decisions is expected.
Continue Reading Trump Announces Nomination For NLRB General Counsel – What It Means For Employers
After a contentious confirmation process, on April 7, 2017, the Senate confirmed Tenth Circuit Judge Neil Gorsuch to fill the Supreme Court seat that has been vacant since the death of Justice Antonin Scalia in February 2016. On April 10, 2017, Gorsuch, a former clerk of current Justice Anthony Kennedy, was sworn in by Kennedy. Now that Gorsuch has taken his oath, he is ready to participate in the Supreme Court’s next round of oral arguments, which are set to begin on April 17.
Continue Reading Neil Gorsuch Fills Vacant Supreme Court Seat
After the NLRB’s aggressive pro-union stance during President Obama’s term, the Board is poised for change under President Trump. On January 23, 2017, President Trump named Philip A. Miscimarra—the sole Republican of three current Board Members—Acting Chairman of the Board. Further, as the Board traditionally has five Members, President Trump will nominate two Members to fill the current vacancies. Assuming President Trump nominates two Republicans as expected, the Board will have a Republican majority for the first time in over nine years. Although it is unclear how far the Board will shift from its recent pro-union stance, three key decisions could be overturned by a Republican-controlled Board.
Continue Reading Is a More Business-Friendly NLRB Coming? What it Could Mean for Employers
On January 31, President Trump nominated Judge Neil Gorsuch from the Tenth Circuit Court of Appeals to fill the Supreme Court seat previously held by the late Justice Antonin Scalia. Judge Gorsuch is known as a conservative, a textualist, and a talented writer—much like Justice Scalia. So, what effect would a Justice Gorsuch have on employers?
Continue Reading What Does Gorsuch Supreme Court Nomination Mean for Employers?
On August 1, 2016, the U.S. Department of Labor and Doctors Associates Inc. (Subway Restaurants) announced a voluntary agreement formalizing their ongoing collaboration. This agreement is a first of its kind and seeks to ensure that franchise owners have the tools necessary to comply with wage and hour laws. Since 2012, Subway has made available a platform for the DOL to provide training and resources to franchisees. Despite the DOL’s efforts, other companies have reportedly been reluctant to enter into similar agreements due to fears that other government agencies will use such an agreement as evidence of a joint employer relationship. Interestingly, Subway has been collaborating with the DOL for over three years and although this collaboration has been very much in the public eye, no agency has indicated that such a relationship would make them a joint employer. The DOL hopes the fact that Subway, the world’s largest franchisor, entered into the compliance agreement will encourage other companies to follow suit. Given the various government agencies’ joint employer efforts, all companies, whether franchisors or not, should analyze their own specific circumstances before entering into a similar agreement.
Continue Reading Does Subway’s Compliance Agreement with the DOL Really Raise Joint Employer Concerns?
On August 27, in a highly anticipated decision, the National Labor Relations Board adopted a new joint employer standard, dramatically changing and expanding the long-held standard previously in use. Regardless of whether your workforce is unionized or not, this new standard has far-reaching implications.
Continue Reading Big Changes for Joint Employers: What You Need to Know
