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September 3, 2013
By Larry Cary

Couples to be considered legally married regardless of whether state of residence recognizes the marriage..

The Internal Revenue Service just announced that Federal tax law treatment of same-sex married couples will disregard whether the state of a couple's residence legally recognizes the same-sex marriage. Instead, federal tax law will look to the state or the country where the marriage took place to determine whether the couple is to be treated as married for federal tax purposes. In other words, once legally married by state or country, a same-sex married couple will be treated as married even if they reside in a state that does not recognize same-sex marriage.

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August 1, 2013
By Larry Cary

With this week’s confirmation by the U.S. Senate of all five of President Obama’s nominees to the National Labor Relations Board, the Labor Board has a full complement of confirmed members for the first time in a decade.  Republican resistance to President Obama’s nominees was finally overcome when Senate Democrats threatened to change the Senate’s rules and permit confirmations by majority vote rather than the 60 now presently required.  Additionally, President Obama agreed to withdraw two of his original nominees.

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July 12, 2013
By Larry Cary, Esq.*


“Here’s looking at You, Kid” Government Surveillance and the Constitution

Whatever you think about Edward Snowden leaking top secret information about the National Security Agency’s domestic surveillance program, if Snowden is telling the truth your right to privacy and the quality of our democracy is being eroded.  According to Snowden, an infrastructure analyst employed by Booz Allen Hamilton, a private corporation under contract to provide services to the NSA, the government “specifically targets the communications of everyone.”  It collects information about your telephone calls and internet use, including your emails and the websites you visit.

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May 31, 2013
By Larry Cary, Esq.

The United States Court of Appeals for the Third Circuit recently joined the District of Columbia Circuit Court of Appeals in finding that President Obama did not have the authority to make recess appointments to the National Labor Relations Board.  While the D.C. Circuit Court held in January that the Labor Board could not decide cases so long as it did not have enough properly appointed members to constitute a quorum (three of the five members of the Board), the Third Circuit’s decision dealt with the ability of the Labor Board to judge cases, as it is supposed to do, by delegating the decision making process to a three member panel. 

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April 29, 2013
By Larry Cary, Esq.

This past week the Obama Administration petitioned the Supreme Court to hear its appeal from the decision of the U.S. District of Columbia Circuit Court in Noel Canning v. N.L.R.B.  The D.C. Circuit Court’s decision shuts down the National Labor Relations Board by eliminating the U.S. Constitution’s grant of Presidential power to appoint senior federal officials when the Senate is not in session.  The Supreme Court is expected to hear the case, which will likely be decided sometime in 2014.

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January 28, 2013
By Larry Cary, Esq.

Ability of NLRB to Function Called into Serious Question.

Historic Constitutional Balance of Appointment Power between the President and the U.S. Senate Threatened. 

On January 25, 2013, a three Judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, the second most important federal court in the Nation, issued a decision in a case called Canning v. N.L.R.B, which calls into question the ability of the NLRB to function because it renders suspect every decision of the NLRB for the past year and any future decisions by the Board until the decision is hopefully reversed by the Supreme Court. 

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January 22, 2013
By Larry Cary


In a recent case, the National Labor Relations Board has ruled that employer gathered confidential witness statements used to investigate worker misconduct must be shared with the union during investigation of a disciplinary grievance unless the employer can show it has an overriding confidentiality interest.  This reverses the Labor Board’s 34 year old rule allowing employers to refuse to produce such statements to the union.

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The Right-Wing’s War on Workers

September 3, 2012
By Larry Cary, Cary Kane LLP

Labor Day is usually a time for picnics and parades celebrating the many contributions made by workers and their unions to American society. But today, the labor movement is under fierce attack from many quarters and, now more than ever, working people and organized labor need to know and understand who its enemies are, especially when they work in secret behind closed doors.

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