Kavanaugh Update. (Beltway Buzz - September 21, 2018)

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 Update. The Buzz predicted that the confirmation hearings of Brett Kavanaugh would be all-consuming, but even we underestimated how contested his nomination would become. Regardless of the outcome, the political effects of this ordeal will reverberate for years to come. It may affect not just future Supreme Court nomination battles, but legislative efforts as well, not to mention political campaigns and elections. Moreover, the Buzz wonders if this is a watershed event that will further raise the stakes at the Supreme Court, making the Court itself more and more politicized. For example, in the future, will a party in power be tempted to "pack the court" with justices in order to flip its political balance? We hope not, but our outlook is grim.

Congressional Calendar. By the end of next week, before government funding runs out on September 30, 2018, federal lawmakers are expected to pass (and President Trump is expected to sign) a series of appropriation packages as well as a continuing resolution in order to avoid a government shutdown. Between the Kavanaugh nomination and tying up loose ends on this government funding package, next week will probably be one of the busiest Congress is likely to see from the standpoint of activity. Then after our representatives hightail it out of town, it is likely that we won't see them again in D.C. until the post-election "lame duck" session of Congress. By the way, if you're as sick of the political television ads as we are, there are only 46 days left until Election Day.

NLRB Joint-Employer Proposal. Here are a few updates on the National Labor Relations Board's (NLRB) proposal to codify in its regulations a "direct and immediate" standard for joint-employer status:

Check out Mark G. Kisicki's extremely helpful FAQs on the issue. The Coalition to Save Local Business has set up an easy-to-use portal for those who wish to submit comments to the NLRB. NLRB Recusal Redux. Democratic efforts to preserve the policies of the Obama-era NLRB continued apace this week. Five Democratic senators (three of whomSen. Elizabeth Warren (D-MA), Sen. Cory Booker (D-NJ), and Sen. Kirsten Gillibrand (D-NY)are considered frontrunners for their party's presidential nomination in 2020) sent a letter to NLRB Chairman John Ring demanding...