Labor & Employment Law Blog

National Labor Relations Board v. Noel Canning, No. 12-1281

On June 24, 2013, the Supreme Court also granted cert to NLRB v. Noel Canning (No. 12-1281), a case which is a major test of the Constitution’s grant of power to the President to name appointees temporarily to government posts when the Senate is in recess.

The case is coming up from the D.C. Circuit, where the D.C. Circuit ruled that President Obama’s temporary appointments to three empty seats on the five-member NRLB (made while the Senate was on recess except for intermittent, routine sittings), were unconstitutional, thereby nullifying these appointments.

National Labor Relations Board v. Noel Canning, No. 12-1281

On June 24, 2013, the Supreme Court also granted cert to NLRB v. Noel Canning (No. 12-1281), a case which is a major test of the Constitution’s grant of power to the President to name appointees temporarily to government posts when the Senate is in recess.

The case is coming up from the D.C. Circuit, where the D.C. Circuit ruled that President Obama’s temporary appointments to three empty seats on the five-member NRLB (made while the Senate was on recess except for intermittent, routine sittings), were unconstitutional, thereby nullifying these appointments.

"Unpaid Internships - Companies Need To Exercise Caution In Light Of Recent District Court Ruling"

On June 11, 2013, the viability of unpaid internship programs at for-profit corporations was dealt a resounding blow when the Honorable William H. Pauley III, U.S.D.J. of the Southern District of New York granted plaintiffs-former unpaid interns summary judgment on the issue of whether they were “employees” for Fair Labor Standards Act (“FLSA”) and New York Labor Law purposes.

New FMLA Forms

New FMLA Forms and Poster: Effective March 8

EMPLOYER ALERT: NEW FORM I-9

EMPLOYER ALERT: NEW FORM I-9
On March 8, 2013, the Department of Homeland Security issued a new version of the Form I-9, Employment Eligibility Verification (“Form”). The current version of the Form expired last August.

While the new Form may be used immediately, the USCIS has granted employers until May 7, 2013, to begin using the new version for all new hires and reverifications.