Employer Law Report

Tag Archives: President Obama

President Obama issues executive order prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity

On July 21, 2014, President Obama issued an executive order amending Executive Order 11246 by adding sexual orientation and gender identity to the list of protected classes for federal contractors and subcontractors. Under the amended Executive Order 11246, federal contractors and subcontractors are required to select and employ individuals without regard to sexual orientation and gender identity.  Executive Order 11246’s nondiscrimination provisions apply to contractors and subcontractors with over $10,000 in total government contracts and subcontracts in one year. This executive order does not include a religious exemption, which was the subject of negotiation between the White House and religious …

The House Committee on Education and the Workforce Vows to Continue Its “Aggressive Oversight” of President Obama’s Recess Appointments and Future Actions Taken by the “Obama” NLRB

The House Committee on Education and the Workforce, chaired by Rep. John Kline (R-MN), held its hearing Wednesday, February 7, 2012 titled, “The NLRB Recess Appointments: Implications for America’s Workers and Employers.”

As Chairman Kline explained in his opening remarks, the Committee’s "primary concern is the fear and uncertainty [that President Obama’s] action [in making three recess appointments to the National Labor Relations Board ("NLRB")] has unleashed – the fear of the activist NLRB’s future actions and the uncertainty of whether its mandates and decisions can stand under constitutional scrutiny.”

Given that the Chairman framed the issue as …

President Obama’s Move to Sidestep the Senate with His Recess Appointments

When the National Labor Relations Board (NLRB) lost its statutory authority to issue rulings because its normally five-person membership fell to two last week, President Obama made three recess appointments sparking a new controversy between Democrats and Republicans.

One reason the appointments have generated so much attention stems from New Process Steel, L.P. v. NLRB , 130 S. Ct. 2635 (2010), where the United States Supreme Court held that the five-member NLRB cannot delegate its authority to fewer than three members. Thus, a two-person board is not a quorum and is powerless to render decisions. Since Wilma Leibman’s term expired …

Obama Signs Pro-Labor Executive Orders, Reversing Bush Policies

On Friday, January 30, President Obama signed three executive orders which have a significant impact on the rights of employees of federal contractors. The President said that these orders would “reverse many of the policies towards organized labor that we’ve seen these last eight years, policies with which I’ve sharply disagreed.” In effect, these Executive Orders favor the interests of organized labor concerning representation of employees of federal contractors.

One order requires that a company taking over a federal contract from a predecessor company offer jobs to nonsupervisory employees already on the job when the new contractor takes over. This requirement is a revival of …

Obama Signs First Bill Into Law: The Lilly Ledbetter Fair Pay Act

On January 29, the Lilly Ledbetter Fair Pay Restoration Act was the first bill signed into law by President Obama. As discussed in prior blog entries, the new law gives a employee or former employee the right to file a charge of discrimination within 180 days (or 300 days in some states, including Ohio) of their most recent paycheck. The Act overturns a U.S. Supreme Court decision holding that the statute of limitations started to run as soon as an employee received his or her first unfair paycheck. Under the new law, each new paycheck alleged to be discriminatory extends the statute of limitations for an additional 180 (or 300) days. 

The new

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