Kavanaugh And The Congressional Schedule. (Beltway Buzz - October 5, 2018)

Author:Mr James J. Plunkett and Harold P. Coxson
Profession:Ogletree, Deakins, Nash, Smoak & Stewart
 
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The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.

Kavanaugh and the Congressional Schedule. Earlier today, by a vote of 51-49, the U.S. Senate ended debate on the nomination of Judge Brett Kavanaugh to the Supreme Court of the United States. The vote was on party lines, though Sen. Joseph Manchin III (D-WV) voted "yes" while Sen. Lisa Ann Murkowski (R-AK) voted "no." This sets up a final floor vote in the Senate late in the afternoon tomorrow. After that, Congress's focus will be on the midterm elections. Indeed, it is unlikely that the Senate will address any major legislation between the Kavanaugh vote and the November 6 election, though there are still many unconfirmed nominees to various posts, and it is always possible that the Senate could move some of those before leaving town (the Senate's last legislative day in D.C. is currently scheduled for October 26, but it could recess at any time). The U.S. House of Representatives is in recess until after the November 6 elections.

Supreme Court's 2018–2019 Term. Speaking of the Supreme Court, it kicked of its 2018–2019 term this past Monday, October 1, 2018. With Justice Anthony Kennedy no longer on the bench, the Court has a new seating arrangement. The new term also marks Justice Ruth Bader Ginsburg's 25th year on the Court. The term began with an employment case, Mount Lemmon Fire District v. Guido, on whether state and local government employers with fewer than 20 employees are subject to the Age Discrimination in Employment Act of 1967 (ADEA). Further, on October 3, the Court heard arguments in New Prime Inc. v. Oliveira, on whether the Federal Arbitration Act's (FAA) exception for "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" excludes independent contractors from coverage under the FAA.

Caesars Entertainment Corporation Comments Due. Comments are due today, October 5, 2018, in the National Labor Relations Board's (NLRB) Caesars Entertainment Corporation case concerning employee use of employer-owned email systems. In 2014, the NLRB ruled in Purple Communications, Inc. that employees must be permitted to use employers' email systems for union organizing purposes. In Caesars Entertainment Corporation, the Board is soliciting feedback from the regulated community as to whether...

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