Ramifications of 7th Federal Circuit Court of Appeals (Carlene M. Craig, et al. vs. FedEx Ground Package System, Inc.), finding in favor of employees over employers in the issue of classifying employees as independent contractors.
On Friday, January 25, 2013 the United States Court of Appeals for the DC Circuit ruled that President Obama did not have the power to fill vacancies on the National Labor Relations Board (NLRB) since the appointments were made while the Senate was still in session. The Court held that President Obama violated the Constitution by making recess appointments to a labor panel while the Senate was not technically in recess. The Court’s decision marked a victory for Republicans and business groups critical of the NLRB. If the decision stands, the Court’s ruling could invalidate hundreds of decisions rendered over the last year, including some decisions that make it easier for unions to organize. While no decision has been made, the Justice Department hinted that the administration would ask the Supreme Court of the United States to review the decision of the DC Circuit.