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Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

Intellectual Property and Technology News - Issue 27 Q3 2015

In This Issue: How Private is That Connected Car? US v EU Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now comprise a...more

NLRB Calls Audible — No Union for Northwestern

Over a year ago, the regional office of the National Labor Relations Board (NLRB) in Chicago concluded that scholarship athletes on the Northwestern University football team were “employees” within the meaning of the National...more

NLRB Decision on Student-Athlete Unionization a Win for Colleges, But Title IX Still in Play

The National Labor Relations Board (NLRB) issued a unanimous decision on Aug. 17, 2015, dismissing a petition filed by Northwestern University scholarship football players seeking to unionize under the National Labor...more

Judge Berman Deflates SEC’s ALJ Appointment Process

United States District Court Judge Richard M. Berman of the Southern District of New York has been making headlines in recent weeks as he presides over the highly publicized case between the National Football League (“NFL”)...more

National Labor Relations Board Releases Unanimous Decision in Favor of Northwestern University and the NCAA

On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction in Northwestern University and College Athletes Players Association (CAPA), the union-organizing case involving grant-in-aid...more

NLRB Punts on First Down: Declines to Exercise Jurisdiction in Northwestern University Football Players Union Representation Case

The NLRB’s decision is limited to the facts presented by the Northwestern case, and the Board may assert jurisdiction in another case involving scholarship athletes at a later date. On August 17th, the National Labor...more

Northwestern University Football Players Can’t Vote for Union Representation …but it’s not over until it’s over…

Depending on your allegiance, “the Play” was one of either the most memorable or the most infamous moments in the history of college football. It happened in the final seconds of 1982’s annual “Big Game” between the Stanford...more

The NLRB Unanimously Shuts Down Attempt to Unionize Northwestern’s Scholarship Football Players

In a long-awaited decision issued on August 17, 2015, the five-member National Labor Relations Board (“Board”) unanimously shut down an attempt by Northwestern University’s scholarship football players to become the first...more

Cozen O’Connor Lawyers Win Appeal Defeating Northwestern Football Players' Attempt to Form Union

The National Labor Relations Board announced on August 17, 2015 that it would not assert jurisdiction over Northwestern University’s scholarship football student-athletes in their bid to be recognized as “employees” and form...more

OFFSIDES: NLRB Punts on Whether College Football Players Can Unionize

Last year, in what was lauded as a potentially game changing decision (pun intended), Peter Sung Ohr, the Regional Director of Region 13 of the National Labor Relations Board (NLRB or Board) ruled that the grant-in-aid...more

NLRB Punts on Whether Northwestern University Football Players Be Allowed to Unionize

On Monday, the full National Labor Relations Board unanimously dismissed a petition by college football players at Northwestern who sought permission to unionize. This decision effectively overturned the regional director’s...more

NLRB Calls Out the Punt Team and Declines Jurisdiction Over Northwestern University Football Players

In a mild surprise given the current constitution of the Board (read – majority appointed by President Obama), the NLRB declined to assert jurisdiction in ruling on the petition of Northwestern University’s scholarship...more

NLRB’s Unanimous Decision Is Major Victory for College Sports

Yesterday, in a highly anticipated decision, the National Labor Relations Board (the Board) declined to exercise jurisdiction over the College Athletes Players Association’s (CAPA) representation petition. CAPA asked the...more

Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the...more

The NLRB Chooses Not to Play

The NLRB has ruled on the representation petition for Northwestern University student football players. You’ll remember, last year, the NLRB’s Regional Director decided that student athletes who received grant-in-aid athletic...more

College Football Unions: The Refs Call Off the Game

On the eve of a new college football season, the referees at the National Labor Relations Board (NLRB) got it right on instant replay: they called off the game. In a ruling earlier today, the NLRB’s five Members unanimously...more

NFL Deflategate Suit: Paving The Way For Forum Shopping in Federal Court

When a plaintiff decides to bring a lawsuit, one of the most crucial decisions he has to make is which judicial forum the case should be brought in. Many people only distinguish between state and federal courts. However,...more

Northwestern University Football Players Can’t Form Union, NLRB Says and Refuses to Determine if They Are “Employees”

Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably...more

Sports, Media and Entertainment Intelligence - July 2015

INTERNET EU: The end of roaming charges and the emergence of net neutrality - The European Commission has secured an agreement with the European Parliament and the Council to end roaming charges and to introduce the...more

Lessons from Deflategate: 5 Ways to Avoid Workplace Investigation Fumbles

Over the years, the topic of workplace investigations has gained increasing importance in the HR and employment law world. Now, with investigations routinely making headlines, they have become a part of our popular culture as...more

July 2015 Independent Contractor Compliance and Misclassification News Update

This July was another month where independent contractor compliance and misclassification was a topic that made front page news. Hillary Clinton placed independent contractor misclassification in the national spotlight when...more

SEC Opens FIFA-Related Investigations

Although not yet confirmed by the SEC, media reports suggest that the SEC has opened several investigations of publicly traded companies who contracted with FIFA. Indictments in the FIFA cases have alleged that certain...more

Play Ball and Win ‘Em All—Overtime Hits the Big Leagues

Continuing the trend of expanding Fair Labor Standards Act (FLSA) overtime rules outside the traditional realm of hourly manufacturing or retail workers, two recent events show that employers should be aware that exemption...more

FIFA Investigation Update: First FIFA Official Extradited to United States

On July 15, after 50 days of detention, a high-ranking FIFA official widely reported to be former FIFA Vice President Jeffrey Webb was extradited from Switzerland to the United States. Webb ultimately agreed to be extradited...more

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