Archive | January 2013

Court Invalidates NLRB Recess Appointments

An appellate federal court struck down Presidential appointments to the National Labor Relations Board in an opinion released this week.  The case may now move to the Supreme Court.  The court found that the recess appointments used by President Obama while Congress was in recess violated the Constitution.  The appointments had been made after inaction by congressional Republicans blocked nominees that had been presented for consideration.  Long-term implications for the President and the NLRB are unclear.  While we await appeal, the NLRB is left with one serving member and the status of recent rulings, which have been the subject of many business and legal discussions, are now in question and vulnerable to challenge.

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Application of Tennessee Lawful Employment Act

2008 CLE TN flagThe TLEA has been phased in by several steps since its passage in July 2011.  As of January 1, 2013, the law now applies to all employers with 6 to 199 employees.  This law places restriction on employment of illegal aliens and requires Tennessee employers to verify the employment eligibility of persons through review of documents and use of the I-9 form.