Supreme Court Rules Obama's 2012 NLRB Recess Appointments Invalid

In the Business Insurance article "Supreme Court rules Obama's 2012 NLRB recess appointments invalid," Steve Bernstein, a partner in the Tampa office, provides insight into the impact on the 600 companies affected by the ruling. 

A focus of the high court ruling was the U.S. Constitution's Recess Appointments Clause, which gives the president the power to fill “all vacancies that may happen during the recess of the Senate.”

"As of today, those decisions are invalid from the beginning, as if they never happened, so those employers will see their decisions re-evaluated by panels of three board members, and that all of that will take place over the next several weeks and perhaps months,” he said.

Steve notes it is unlikely the NLRB will change its policy with respect to issues involving social media and employee handbooks as many employers have found those rulings in this area to be overly broad and aggressive.

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