But it ain't over yet.

Two for the EEOC, three for the DOL, and none for the NLRB. 

Grrrr.

The U.S. Senate yesterday confirmed Marvin Kaplan's appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board.

William Emanuel, a management-side attorney from Littler Mendelsohn, is the last Trump nominee to the Board. His confirmation vote will not take place until after the Senate's August ...

Law360 has just reported that President Trump has appointed Philip A. Miscimarra, the only current Republican member of the National Labor Relations Board, as Acting Chairman of the NLRB, replacing Mark Gaston Pearce. Here is Mr. Miscimarra's bio from the NLRB website. This is welcome news for employers.

How much do you really know about employment medical examinations and the law? Let's find out!

1.      Assuming the results are not used in a way that violates the law, it is legal under the Americans with Disabilities Act to require a post-offer medical examination IF

A. The examination is job-related and consistent with business necessity.

B. The examination is narrowly tailored to ...

By David Phippen, Fairfax Office

UPDATE: David's client bulletin analyzing the D.C. Circuit's Noel Canning decision is available here.

The U.S. Court of Appeals for the District of Columbia Circuit struck down today the "recess appointments" of Sharon Block and Richard Griffin to the National Labor Relations Board. Without Members Block and Griffin, most of the Board decisions ...