Blog

The Paley Rothman Blog

Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys.

Employment Law

Another Setback for NLRB Recess Appointments

The National Labor Relations Board (NLRB) received yet another setback from a federal appellate court on May 16, 2013 as the U.S. Court of Appeals for the Third Circuit, ruling in NLRB v. New Vista Nursing and Rehabilitation, became the second federal appellate court to hold that President Obama’s appointments to the NLRB violated the U.S. Constitution’s Recess Appointment Clause.

Read More
Employment Law

D.C. Circuit Strikes Down NLRB Poster Requirement

On the heels of its ruling that the National Labor Relations Board (NLRB) has lacked a quorum to act since January 3, 2012, the U.S. Court of Appeals for the District of Columbia Circuit again last week rebuked the NLRB by holding that it lacks the authority to require employers to post a notification of employees’ unionization rights on their premises and websites.

Read More
Employment Law

New Employment Laws Likely in Maryland

2013 has so far been a busy year for the Maryland legislature. While many of the higher profile legislative items - gun control, repealing the death penalty, and medical marijuana - may not have a major effect on businesses operating in Maryland, others will effect the ever-changing employment law landscape. Paley Rothman’s Employment Law Group continues to be committed to analyzing and helping clients understand and react appropriately to the latest changes to Maryland’s employment laws.

Read More
Employment Law

D.C. Circuit Invalidates NLRB Recess Appointments

In a groundbreaking decision, the United States Court of Appeals for the District of Columbia Circuit ruled that President Obama’s three “recess” appointments to the National Labor Relations Board (NLRB) on January 4, 2012 were unconstitutional. This decision will have a dramatic practical impact on the field of labor law, which increasingly affects non-union employers, because it leaves the NLRB without a quorum and casts doubt on every one of its actions since January 4, 2012.

Read More
Employment Law

Avoiding ACA Mandate Can Bring Misclassification Woes

The Affordable Care Act (ACA), beginning in 2014, will require that employers with 50 or more full-time employees provide each one with health insurance–or face a potentially steep fine. With the Treasury Department’s recent announcement that employers’ 2013 staffing levels will be used to determine the mandate’s application, a recent Wall Street Journal article discussed the hiring of independent contractors as one tactic that many small businesses might consider in an effort to avoid the ACA’s employer mandate.

Read More