Magazine article HRMagazine

Other High Court Rulings Affecting the Workplace

Magazine article HRMagazine

Other High Court Rulings Affecting the Workplace

Article excerpt

In National Labor Relations Board v. Noel Canning, the U.S. Supreme Court struck down three of President Barack Obama's recess appointments to the National Labor Rela- tions Board (NLRB). The high court unanimously ruled that the appointments were unconstitutional because they were made during a three-day recess in pro forma Senate sessions, and "three days is too short a time to bring a recess within the scope of the [U.S. Constitution's Recess Appointments] Clause."

The bottom line for HR: Since many appointments to the NLRB have been made between sessions of Congress, the board may need to revisit thousands of cases going back decades.

In Fifth Third Bancorp v. Dudenhoeffer, the Supreme Court decided that fiduciaries for employee stock ownership plans do not have a presumption of prudence, as many lower courts had ruled.

The bottom line for HR: There may be an increase in so-called stock-drop litigation-cases where employees participating in defined contribution plans sue the company sponsoring the plan when the value of the stock or equity options in them declines severely. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.