Compliance: Employers closely watching Supreme Court’s ruling in Canning
The Court’s ruling will likely define the scope of the president’s recess appointments power for future administrations.
It’s easy to identify recess in an elementary school day: The bell rings, the kids tumble out of class, and the yard fills with playful shrieks and laughter.
Not so with Congress. The U.S. Senate’s chambers may be dark, official business on hold, the senators all home on vacation, and yet the legislative body may still be in session.
The issue of defining “recess” for the Senate lies at the center of NLRB v. Canning, a case currently before the U.S. Supreme Court. The outcome could have a significant impact on employers. At stake is the status of hundreds of National Labor Relations Board (NLRB) rulings on issues ranging from employee social media policies to the legally permissible scope of workplace rules relating to employer confidentiality, employee discipline and off-duty employee access to the workplace.
More broadly, the Court’s ruling will likely define the scope of the president’s recess appointments power for future administrations. Presidents must normally obtain Senate consent to fill federal agency board positions. The Constitution permits Presidents to unilaterally fill agency vacancies when the Senate is in recess, an anachronism to the days when Congress recessed for months at a time.
This article first appeared in InsideCounsel.
Featured Insights

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

In The News
Apr 14, 2026
Bloomberg Law Recaps Panels Presented at Hinshaw's 25th Anniversary LMRM Conference

In The News
Apr 14, 2026
Michael Dowell Discusses the Uncertain Impact of Growing Medicare Advantage Scrutiny

Privacy, Cyber & AI Decoded Alert
Apr 9, 2026
6 Key Takeaways From the IAPP 2026 Global Summit for Privacy Compliance Professionals

In The News
Apr 9, 2026
Megan Lopp Mathias Discusses Future of DEI Employment Initiatives

Consumer Crossroads: Where Financial Services and Litigation Intersect
Apr 8, 2026
After Arbitration, Does a District Court Have Jurisdiction to Confirm or Vacate an FAA Award?



