Obama’s Recess Appointments Invalidated

Labor and Employment Law, Supreme Court, U.S.

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Obama’s Recess Appointments Invalidated

Carol Keough February 14, 2013

The D.C. Circuit recently held that President Obama’s recess appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional. Without these three appointees, the NLRB lacks a necessary quorum to deliver decisions. The opinion of the D.C. Circuit in Canning v. National Labor Relations Board, (January 25, 2013), was that the Board did… Continue Reading »

Texas, Trending, U.S.

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League City Voted Yes to Refuse to Enforce Federal Gun Laws

Carol Keough February 13, 2013

While Obama gave his State of the Union Address last night highlighting his stance on gun control, I witnessed a very different stance on gun control at a Council meeting in League City, Texas. I was there to deal with a contract matter before the council, but did witness a room full of supporters for City Councilwoman Heidi Thiess’s resolution… Continue Reading »

Technology Law, U.S.

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Cell Phone Unlocking Could Be a Jail Sentence

Carol Keough February 9, 2013

Have you ever heard of people jail breaking their phone? Some people jail break the phone so that they can “unlock” it and then switch the phone to different phone carriers. I have and love my iphone, but I am not a cell phone guru, so the first time that I really heard about unlocking of phones… Continue Reading »

Labor and Employment Law, Supreme Court, U.S.

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New Birth Control and Religious Employer Rules Released Today

Carol Keough February 1, 2013

Obama Administration (through the U.S. Department of Health and Human Services) releases proposed new rules on Friday, February 1, 2013, regarding what faces religous employers as they fight a battle at the United States Supreme Court regarding the requirements of providing free birth contral under the federal health care act. Certain religion based employers have been concerned about how the… Continue Reading »

Trending, U.S.

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NFL Sued for Wrongful Death by Junior Seau’s Family

Carol Keough January 24, 2013

As we all wait in anticipation to see the million dollar commercials and whether the Baltimore Ravens or the San Francisco 49ers will take home the ultimate NFL prize, the NFL is getting some press for a different reason that is much less pleasant. On January 23, 2013, Junior Seau’s family and estate sued the NFL… Continue Reading »

Supreme Court, U.S.

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Justice Thomas Breaks a Seven Year Silence on the Court

Carol Keough January 24, 2013

Why has Justice Thomas maintained silence during oral argument before the Supreme Court for more than 7 years? Justice Thomas himself has reportedly said that he is silent out of simple courtesy. Last year according to the Wall Street Journal, Justice Thomas said that “when someone is talking, somebody ought to listen.” However, on January… Continue Reading »

Trending, U.S.

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Lance Armstrong’s Potential Legal Woes From Oprah Interview

Carol Keough January 18, 2013

Watching Lance Armstrong’s interview tonight was somewhat shocking even though many of us had already heard that it would be some type of confession. He flat out admitted to doping during pre-2005 cycling races and Tour de France races. This must come as some validation to the governing body of cycling named the Union Cycliste Internationale (UCI) who stripped Lance of… Continue Reading »

Labor and Employment Law, U.S.

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EEOC’s E-Race Campaign

Carol Keough November 8, 2012

About 90% of all employers check criminal convictions for some hiring decisions. About 70% of all employers check criminal convictions for all positions (as noted by a recent survey by the Society for Human Resource Management). The Equal Employment Opportunity Commission (“EEOC”), wants employers to rethink these criminal background checks. Although racially neutral on its… Continue Reading »

Labor and Employment Law, U.S.

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Employee Job Descriptions Can Make a Difference in Whether the Employer Has Potential Liability Under the Americans with Disabilities Act (ADA)

Carol Keough November 8, 2012

Even with a disability, a person must be able to perform the essential functions of the job with or without a reasonable accommodation. For example, if an employee is hired to do deliveries, one of the essential functions of the job is driving. If a person has a disability and cannot drive, then that person… Continue Reading »

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Category Archives: U.S.