The National Labor Relations Act National Labor Relations Board

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 -
News & Analysis as of

Arbitration in Employment Sea Change?: Ninth Circuit Holds Mandatory Class Action Waivers Unlawful

Can employers still require employees to sign arbitration agreements with class action waivers as a condition of employment? Last week, the Ninth Circuit became the second appellate court to adopt the National Labor...more

9th Circuit Sides With the NLRB: Class Action Waivers in Employment Arbitration Agreements Violate the National Labor Relations...

A divided panel (2-1) of the 9th Circuit Court of Appeals has ruled that an employer violates the National Labor Relations Act by requiring employees to sign arbitration agreements that contain class or collective action...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

NLRB issues two key decisions affecting higher ed

On August 23, the National Labor Relations Board issued several decisions affecting unionization rights at private universities. In the first of these, Columbia University, the Board held that graduate and undergraduate...more

NLRB: Graduate, Undergraduate Teaching Assistants Are Employees Under NLRA

The National Labor Relations Board (NLRB or the Board) on Aug. 23, 2016, issued a 3-to-1 decision concluding that graduate and undergraduate teaching assistants at Columbia University are employees under the National Labor...more

NLRB Concludes That Student Assistants Can Unionize

On August 23, 2016, the National Labor Relations Board overturned its prior precedent in Brown University and concluded that student assistants—including both graduate and undergraduate teaching assistants—at private colleges...more

NLRB Permits Graduate Students to Unionize at Private Institutions

On August 23, 2016, in a 3 to 1 decision, the National Labor Relations Board (NLRB) issued a ruling that renders graduate student assistants "employees" for the purposes of unionization, overturning a standard that previously...more

Back to School: NLRB Takes Aim at Colleges and Universities

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver

On August 22, 2016, the Ninth Circuit joined the Seventh Circuit in the split amongst U.S. Circuit Courts of Appeal on the issue of enforceability of employment arbitration agreements precluding class actions. The Ninth...more

Ninth Circuit Holds Class Action Waivers Are Unenforceable

In a strong blow to employers, the Ninth Circuit Court of Appeals recently released its opinion in Stephen Morris, et al. v. Ernst & Young, et al., No. 13-16599, D.C. No. 5:12-cv-04964-RMW (August 22, 2016), holding that...more

Student Assistants Win Right to Unionize at Private Colleges and Universities

Reversing longstanding precedent, the National Labor Relations Board has ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations]...more

Holding Class Waivers Violate the NLRA, Ninth Circuit Joins Circuit Split

Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v....more

Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies

Beginning in approximately 2012, the National Labor Relations Board (“NLRB”) adopted the position that any class action waiver contained in an employment arbitration policy or agreement violates the right of employees to...more

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held...more

NLRB Rules that Student Assistants Can Unionize; Debate May Now Shift to Whether They Should

In a sweeping decision issued on August 23, 2016, the National Labor Relations Board reversed its 2004 holding in Brown University that graduate students are not employees under the National Labor Relations Act. The Board...more

Ninth Circuit Sides with NLRB in Divide over Employee Arbitration Waiver Agreements

The U.S. Court of Appeals for the Ninth Circuit announced this week that it agrees with the National Labor Relations Board that individual arbitration waiver agreements, which prevent employees from filing or participating in...more

NLRB Holds Student Assistants Who Have a Common-Law Employment Relationship With a Private University Are "Employees" Under The...

In an August 23, 2016, decision, Trustees of Columbia University, 364 NLRB No. 90 (2016), the National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law...more

NLRB Decides Private University Teaching and Research Assistants Can Unionize

Continuing a recent trend of upending long-standing decisions, the National Labor Relations Board ruled yesterday that student teaching and research assistants at private colleges and universities are statutory employees who...more

Divide Deepens Over Enforceability of Class Arbitration Waivers

The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration...more

NLRB: Student Assistants Now Employees Entitled to Unionize

The National Labor Relations Board has ruled in a 3-1 decision that graduate students at private, nonprofit higher education institutions "who perform services at a university in connection with their studies are statutory...more

Reining In Individual Arbitration – Ninth Circuit Rules Class Waivers Unenforceable

In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the National Labor Relations Board’s (NLRB) position that the National Labor Relations Act (NLRA) prohibits class action waivers in...more

NLRB Reverses Over a Decade of Precedent: Student Employees Entitled to NLRA Protection

Reversing more than a decade of precedent, the activist National Labor Relations Board (NLRB) ruled on August 23, 2016 in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW...more

NLRB Rules that Graduate (and Undergraduate!) Students are Employees and May Unionize

The National Labor Relations Board (Board), in Columbia University , has issued a 3-1 decision holding that graduate, and undergraduate, student assistants are common law employees within the meaning of the National Labor...more

NLRB: Student Teaching Assistants Can Be Employees Under the NLRA

In a 2-to-1 decision, the National Labor Relations Board (NLRB or “the Board”) overturned longstanding precedent to hold that student teaching assistants can be classified as employees under the National Labor Relations Act...more

NLRB Gives Students Right to Unionize

Undergraduate and graduate teaching assistants now have the right to organize and engage in collective bargaining, following the National Labor Relations Board’s (NLRB) Columbia University ruling on August 23, 2016. For most...more

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