Atop the list of landmark laws that conservatives have never particularly warmed to are two that established fundamental rights for workers and consumers: the 1935 National Labor Relations Act, which provided employees a legal path to form unions, and the 2010 Dodd-Frank financial reform, which established a Consumer Financial Protection Bureau to rein in banks’ abusive treatment of depositors and mortgage holders. Conservatives have never had the votes or the gumption to repeal these statutes. But now they can essentially neuter these laws.
[Last] Friday, three judges on the U.S. Court of Appeals for the District of Columbia Circuit — all nominated by Republican presidents — ruled that President Obama lacked the authority for three appointments he had made to the National Labor Relations Board (NLRB) during the break between Congress’s 2011 and 2012 sessions. Invoking the president’s power to make one- or two-year appointments while Congress is in recess — a power that presidents have exercised as far back as James Madison — Obama appointed two Democrats and one Republican in the face of continued Republican opposition to his previous NLRB picks. » Read more about: Court Decision Could Cripple NLRB and Consumer Bureau »
Most job seekers take care to scrub evidence of last night’s party from their social media profiles, but the employment consequences of more nuanced online interactions are still being determined. Just before the Christmas holiday, the National Labor Relations Board issued a decision ordering the reinstatement of five workers who were fired for responding to a co-worker’s criticism on Facebook. The decision goes some way to establish Facebook posts as protected under the National Labor Relations Act, and may discourage employers from basing personnel decisions on social media behavior in the future.
JD Supra reports on the case:
The case stemmed from a message that an employee of a nonprofit organization posted on Facebook outside of work hours. After Lydia Cruz-Moore told Marianna Cole-Rivera that she planned to discuss her concerns about employee performance with the Executive Director of Hispanics United of Buffalo, Inc.
» Read more about: NLRB Likes Facebook Defense of Fired Workers »