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The National Labor Relations Act › Employee Definition

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Littler

NLRB Reaffirms that Graduate Students Are Statutory Employees under NLRA

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On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers...more

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

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On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Proskauer - Labor Relations Update

The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees

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In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s...more

Troutman Pepper

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Venable LLP

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

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U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

Proskauer - Labor Relations Update

House Considers Bill Declaring Student Athletes Not Employees

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On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more

Carr Maloney P.C.

Unions for College Athletes – Some Food for Thought

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The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2024

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The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

CDF Labor Law LLP

True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees

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In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more

Franczek P.C.

Dartmouth Basketball Players Vote to Unionize after NLRB Declares Them Employees

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In a historic election on March 5, 2024, the Dartmouth College men’s basketball team voted 13-2 to unionize. The vote took place exactly one month after an NLRB regional director ruled that Dartmouth men’s basketball players...more

White and Williams LLP

Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

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On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented...more

Akin Gump Strauss Hauer & Feld LLP

NLRB’s Joint Employer Rule Vacated

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The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

Fisher Phillips

Are Your Student-Athletes Employees? NLRB Regional Director Says So

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A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

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In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 2

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Having introduced the cast and set the scene in part 1 of this 3-part series, we turn now to the details. But before doing so, let’s get one thing out of the way – you likely won’t have unionized players on campus...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 1

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It wasn’t cash, an NIL deal, or even an athletic scholarship, but it was compensation according to National Labor Relations Board (NLRB) Region 1 Director, Laura Sacks. By providing its men’s basketball team with apparel,...more

Steptoe & Johnson PLLC

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

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Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more

FordHarrison

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

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Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor...more

Venable LLP

Game Changer: NLRB Rules College Basketball Players Are Employees and Can Unionize

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For years now, the tide of college athletics has been shifting toward student-athlete representation and empowerment. Now, in what might become a landmark decision, a regional director for the National Labor Relations Board...more

Troutman Pepper

NLRB Rules That Dartmouth Basketball Players Are Employees

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On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Parker Poe Adams & Bernstein LLP

NLRB Holds That College Basketball Players Are 'Employees'

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This week, the regional director for Region 1 of the National Labor Relations Board issued an opinion that could usher in a wave of unionization efforts among college athletes. Fifteen members of the Dartmouth men’s...more

Constangy, Brooks, Smith & Prophete, LLP

Dartmouth men’s basketball players are employees, NLRB Regional Director says

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In a February 5 decision, Laura A. Sacks, the Regional Director for Region 01 of the National Labor Relations Board, concluded that the men’s basketball student-athletes for Dartmouth College are employees for purposes of the...more

Ballard Spahr LLP

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

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On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Regional Director Rules Dartmouth College Basketball Players Are Employees, Setting Up Potential Landmark Board Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor...more

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