The Federalist Society

Labor & Employment Law

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Executive Committee Contact Information


  • Discrimination & Disability Law
  • Pro Bono Outreach
  • State Employment Law
  • Union Activity & Individual Employee Rights

Upcoming Events

   Second Annual Executive Branch Review Conference

Recent Publications

   Donning and Doffing Decided - Podcast

US Steel LogoOn January 27, 2014, in Sandifer v. United States Steel, the U.S. Supreme Court unanimously held that time employee time spent donning and doffing their protective gear is not compensable by application of the Fair Labor Standards Act. The impact of the Court’s decision may have a substantial impact on employers, especially manufacturers. Our experts discussed the breadth and impact of the decision.


  • Lawrence C. DiNardo, Partner, Jones Day
  • Hon. Tammy D. McCutchen, former Administrator, Wage and Hour Division, United States Department of Labor, Shareholder, Littler Mendelson, P.C., and Chairman, Labor & Employment Law Practice Group

[Listen now!]

   Unionizing Domestic Workers? - Harris v. Quinn - Podcast

Supreme CourtOn January 21, 2014, the Supreme Court heard Harris v. Quinn, which considers (1) whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review. Our expert attended the oral arguments and offered his analysis of the merits of the case and its likely outcome.


  • Andrew Grossman, Associate, Baker & Hostetler LLP and Visiting Legal Fellow, Center for Legal and Judicial Studies, The Heritage Foundation
  • Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society

[Listen now!]

   Recess Appointments in the Supreme Court: Noel Canning - Podcast

Supreme Court buildingIn Noel Canning v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that the President's 2012 recess appointments to the National Labor Relations Board were unconstitutional, which meant the Board lacked a quorum to conduct business. The President made these appointments during an intra-session recess shorter than three days, a move no previous President had tried. But the court's reasoning in Noel Canning extended beyond these circumstances. Taking an orginalist approach to the Recess Appointments Clause, the court held that the President cannot make recess appointments during intra-session recesses at all, but only during the recess that occurs between the end of one session of Congress and the beginning of the next. The court held further that the President cannot fill a vacancy with a recess appointment unless the vacancy arises during that same recess. This reasoning calls into question the validity of virtually every recess appointment in modern history. The NLRB stated that it would continue to conduct business as usual. The government subsequently petitioned the Supreme Court for cert to hear the case. Later last year, the Senate confirmed President Obama’s NLRB nominees, and the all Board seats are currently filled. Meanwhile, the Noel Canningdecision is being invoked to challenge NLRB decisions in dozens of other cases around the country.

On January 13, 2014, the Supreme Court will hear oral arguments in NLRB v. Noel Canning. This teleforum will discuss the Noel Canning case itself, whether the Board validly continued to function without Supreme Court resolution of the validity of the recess appointments, and how the decision is likely to be decided.


  • John Elwood, Partner, Vinson & Elkins LLP
  • Moderator: Christian Corrigan, Director of Publications, The Federalist Society

[Listen now!]

   The Electorate and the Courts - Event Audio/Video

The Electorate and the Courts - Event Audio/VideoThe Federalist Society's Practice Groups presented this panel on "The Electorate and the Courts" on Saturday, November 16, during the 2013 National Lawyers Convention.

Closing Panel: The Electorate and the Courts
4:00 p.m. – 5:00 p.m.
State Room

  • Hon. Paul D. Clement, Partner, Bancroft PLLC and former United States Solicitor General
  • Mr. John Fund, National Affairs Columnist, National Review and Fox News Analyst
  • Hon. Seth P. Waxman, Partner, WilmerHale and former United States Solicitor General
  • Moderator: Hon. David M. McIntosh, Partner, Mayer Brown and Vice Chairman, The Federalist Society

Mayflower Hotel
Washington, DC

[Watch or listen now!]

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