In a notable reversal of precedent, the National Labor Relations Board (NLRB) on August 2, 2023, determined that employers must demonstrate the necessity of work rules that dictate employee personal conduct. The case in focus, Stericycle, saw the Board overrule and send back for review an Administrative Law Judge’s (ALJ) decision. The judge had previously…
In a significant legal decision that may have far-reaching implications, a Texas District Court has declared the state’s preemption law unconstitutional. The contentious law, which has been caught in an ongoing legal battle, pertains to the state’s attempt to nullify local enactments on employment and other matters that contradict or exceed the provisions of state…
In what has been a herculean task to resolve, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act as reported by JD Supra. The publication of this document comes ahead of schedule, but it now raises a host…
The U.S. Securities and Exchange Commission (SEC) filed a formal request to the Supreme Court on Monday, asserting the constitutionality of federal agencies’ administrative courts’ use in enforcement actions that demand civil penalties. The SEC’s stand is a fundamental support to the practice entailing administrative law judges, mentioned in their analysis, to assess civil fines…
The U.S. Securities and Exchange Commission (SEC) has recently filed its opening brief in a significant case at the U.S. Supreme Court. They have urged the Supreme Court to reverse a previous ruling by a lower court which, the SEC suggests, could inhibit their power to protect investors from potentially harmful conduct. This case potentially…
SpaceX, the private rocket manufacturer led by tech wunderkind Elon Musk, has recently found itself embroiled in legal difficulties with the Justice Department. The crux of the issue? SpaceX has allegedly violated federal immigration law, prioritizing export control compliance at the expense of antidiscrimination measures. On August 24, the DOJ filed an administrative lawsuit, contending…
In the October 2022 term, the Supreme Court issued 58 opinions with several rulings poised to affect the practice of regulatory and administrative law, either directly or indirectly. Prior to the court’s adjournment, it released a calendar of cases set to be argued in October 2023, with the potential for more cases to be scheduled…
On July 24, 2023, the California Office of Administrative Law endorsed alterations made by the California Civil Rights Council (CCRC) to the regulations associated with California’s Fair Chance Act. The latter prohibits employers with a workforce of at least five from asking prospective employees about their conviction history until a job offer has been extended….
In a recent corporate legal development, an Administrative Law Judge ruled in a case involving Starbucks Corp., potentially paving the way for the National Labor Relations Board (NLRB) to reinstate an employer’s obligation. The decision may lead to companies being required to negotiate with a union before imposing significant discretionary discipline in a newly-organized workplace,…