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2012 Archives


  • NLRB Approves Two At-Will Employment Statements

    November 6, 2012LABOR UPDATE: During Bullard Law’s October 31, 2012 Annual Briefing, we addressed the confusing posture of the National Labor Relations Board with respect to at-will employment statements in employee handbooks. Our call out to the NLRB for...
    By Jennifer A. Sabovik
  • Ninth Circuit Limits Recovery By Benefit Plans

    July 9, 2012BENEFITS NOTEBOOK: Employee benefit plans subject to the federal Employee Retirement Income Security Act may, from time to time, seek to recover funds from participants. For example, a health or disability plan (especially one that is self-insured)...
    By Randi J. Ensley & Thomas I. Kramer
  • Supreme Court Upholds Affordable Care Act

    July 2, 2012BENEFITS UPDATE: On June 28, 2012 the United States Supreme Court rejected a Constitutional challenge to most of the Patient Protection and Affordable Care Act, as amended (the ACA), which Congress had enacted in 2010 to make significant changes...
    By Thomas I. Kramer
  • D.C. District Court Blocks New NLRB "Quickie" Election Rule

    May 14, 2012LABOR LAW UPDATE: Finding inspiration from Woody Allen today, United States District Judge James E. Boasberg issued his decision in Chamber of Commerce of the United States of America and Coalition for a Democratic Workplace v. National Labor Relations...
  • Effective Date For NLRB'S Notice Of Posting Rule Postponed Again

    April 17, 2012LABOR LAW UPDATE: The effective date for the National Labor Relations Board’s notice posting rule has been postponed again. Last time it was postponed by the Board itself and this time it is being postponed by the U.S. Court of Appeals for the...
    By Jennifer A. Sabovik
  • Federal Court Strikes Part Of NLRB'S Notice Of Posting Rule

    March 9, 2012LABOR LAW UPDATE: On March 2, 2012, the United States District Court for the District of Columbia held that the National Labor Relations Board (“NLRB”) partially exceeded its statutory rulemaking authority when it issued a final rule...
  • DOL Releases Updated FMLA Forms For Immediate Use

    March 6, 2012FMLA UPDATE: The United States Department of Labor has finally “updated” its model Family and Medical Leave Act certification and notification forms. The model FMLA certification and notification forms in place at the start of..
    By Kathryn M. Hindman
  • President Obama Fills NLRB With Recess Appointments

    January 5, 2012NLRB UPDATE: On January 4, 2012 President Obama took advantage of a Congressional break to fill the National Labor Relations Board (NLRB) with recess appointments. Specifically, he announced three recess appointments...
    By Michael G. McClory