By: Ronald J. Kramer, Esq.
Earlier today, April 16, 2014, the Fifth Circuit Court of Appeals denied the NLRB’s petition for rehearing en banc in D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). D.R. Horton is the decision in which the Fifth Circuit reversed the NLRB’s determination (357 NLRB No.…
By: Kamran Miraffati
For over 34 years, witness statements obtained by an employer during an investigation of employee misconduct have been considered confidential and were not required to be produced to the union that represented the employee. However, in a newly released decision, Piedmont Gardens, 359 NLRB No. 46 (2012), the National Labor Relations…
Decisions of the NLRB addressing unfair labor practice charges can be appealed to the U.S. Court of Appeals. These days, with the NLRB being so heavily tilted against employers and seemingly making unprecedented and drastic changes in the law every day, some employers may be tempted to think, “Yes, but…
In a case that directly affects the future of employment arbitration in the U.S. and the ability of U.S. employers to protect themselves against costly and often frivolous class action claims, briefs were filed this week by business groups, including an amicus brief that Seyfarth Shaw filed on behalf of the…
