Court decision on president’s recess appointments creates legal tangle

L&E Flash

By Jill S. Vorobiev

Jill S. Vorobiev is a member of Dykema’s labor and employment group, with an emphasis on labor and employment litigation. Her practice covers a broad base, representing corporate clients in state and federal courts as well as before administrative agencies. Her experience includes matters under the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the False Claims Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Sarbanes-Oxley Act, the Age Discrimination in Employment Act and the National Labor Relations Act.

Posted July 28, 2014 2:42 PM

The Supreme Court recently invalidated three of President Barack Obama’s recess appointments to the National Labor Relations Board in its eagerly anticipated decision in Canning, sending practitioners and courts into somewhat of a tailspin as they grapple with the practical and legal effects of the decision. On Jan. 4, 2012, the president, invoking the Constitution’s recess appointments clause, appointed Sharon Block, Richard Griffin and Terence Flynn — whose nominations had been pending and awaiting …

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