Federal Appeals Court Strikes down President Obama’s NLRB Appointments

In a decision that could have an enormous impact on employers, a federal appeals court has ruled that President Barrack Obama violated the Constitution when he appointed three members to the National Labor Relations Board (“NLRB”) without Senate approval.

The unanimous ruling from the three-member panel of the Court of Appeals for the District of Columbia Circuit could invalidate hundreds of NLRB regulations and decisions issued since January 4, 2012. President Obama is expected to appeal the ruling to the Supreme Court. More ›

EEOC to Proceed With Class Action Disability Discrimination case Against UPS

In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United Parcel Service, Inc. (“UPS”) even though the EEOC has identified only two class members.

The January 11, 2013, ruling by District Judge Robert M. Dow, reverses two prior dismissals of the case, EEOC v. United Parcel Service, Inc., Northern District of Illinois, No. 09-cv-05291.

Judge Dow previously held that the EEOC’s complaint and amended complaint were defective, in part, because they failed to allege adequate factual information. The court changed course unexpectedly. More ›