TRUE OR FALSE
The National Labor Relations Board now has pro-management majority of 3-1.
FALSE. President Trump
has named three GOP management-side lawyer to the five (5) member NLRB: Chairman John Ring, William Emmanuel and Marvin Kaplan. There is one holdover Democrat and pro-union Member-----Lauren McFerran.
President Trump has been able to replace a majority of the Regional Directors of the NLRB.
These important officials are outside of the President's appointment powers.
A federal law has been passed that negates the effects of future state and local minimum wage raises effective July 1, 2018, so there is no need to keep track of such changes.
FALSE. No such legislation has been adopted, and employers must keep track of all wage and hour laws issued at the federal, state, and local levels as cities and even counties are busy passing new laws or ordinances either through new legislation or by referendum.
The NLRB issued a decision in December, 2017 establishing a tough new standard for "joint-employer" analysis that will make it much more likely that franchisees will be considered as joint employers with their franchisors.
FALSE. The opposite occurred, but that decision was itself 'flipped' and rescinded due to the involvement of Member Emmanuel. The standard is now the subject of rule-making as MMM has reported. The NLRB in its now-reversed Raytheon decision issued in mid-December rolled back the Obama era Browning Ferris standard which had made it much easier to establish joint employer status by showing only that the franchisor, for example, could theoretically control the employees of the franchisee. Now actual control must be established. Proposed rules would re-instate the 'actual control' rule.
Four states repealed 'right to work' laws in 2018 establishing a trend away from such laws.
FALSE. The opposite has occurred. The trend is clearly for states to adopt "right to work" laws. Since 2012 Michigan, Wisconsin, Kentucky, West Virginia and Missouri have joined the ranks of 21 other states with such laws.
The majority of the judges in the US Circuit Courts of Appeal have been appointed by GOP Presidents.
FALSE----not quite. As of this writing there are 84 Democratic appointees and 84 GOP appointees on the Circuit Court benches around the country. The Ninth Circuit covering the West Coast states as well as AZ, NV, ID, HI and AK still has a majority of Democratic president appointed judges------hence the current controversy between President Trump and Chief Justice Roberts. The 1st , 2nd,3rd 4th and the D.C Circuit also still have significant Democratic majorities but Circuits such as the 6th, 7th and 8th have GOP substantial majorities.
The US Senate broke a record in the number of judges confirmed to the US Courts of Appeals during the first 21 months of the Trump administration.
TRUE. President Trump nominated and the Senate confirmed twenty-nine(29) judges to this very important court(with thirteen (13) circuits) that serves as the court of last resort for most federal litigants as very few cases reach the Supreme Court. Also of note,
as of November 13, 2018, the Senate has confirmed a total of 84 Article III judges nominated by President Trump including 2 Associate Justices of the Supreme Court , 29 judges for the US Court of Appeals, 53 judges for the US District Courts. There are currently 71 nominations to Article III courts awaiting Senate action, including 13 for the Courts of Appeals, 56 for the District Courts. There are currently 11 vacancies on the U.S. Courts of Appeals, 112 vacancies on the U.S. District Courts, and 22 announced federal judicial vacancies that will occur before the end of Trump's first term (4 for the Courts of Appeals and 18 for District Courts).
New York state passed a law, effective January 1, 2018, which provides for paid sick leave for most employees employed in the state.
TRUE. All companies with employees in New York had better have paid heed!
The NLRB issued a decision in December, 2017 greatly expanding the scrutiny of employee handbook provisions that infringe of employees' right to engage in protected concerted activity.
FALSE. The opposite has occurred with the NLRB relaxing the standards for scrutiny of employer handbooks and rules as they arguably impact concerted protected activity.
Now that the House of Representatives is in the hands of Democrats it will be difficult for President Trump to confirm judges for the federal courts and make appointments to the NLRB.
House plays no role in the confirmation process as the Constitution places the advice and consent power in the Senate only.
Hope you did well with the quick quiz! If you are wrestling with any of the issues that this quiz covers or want more information on the answers please feel free to call any of us at PSB.