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
As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...more
Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more
If you administer a 403(b) plan you should be familiar with the term “universal availability”. This concept means that, as a general rule, all employees must be allowed to make elective deferrals into the plan immediately...more
A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...more
Join Bricker Graydon attorneys Kylie Stryffeler, Jessica Galanos, and Erin Butcher as they delve into the important subject of pregnancy and parenting on college campuses. They will discuss pregnancy and parenting compliance...more
Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize? The NLRB said yes for a...more
Union organization campaigns are on the rise again, according to recent data from the Bureau of Labor Statistics and the National Labor Relations Board (“NLRB”). Institutions of Higher Education (“IHEs”) are wise to take...more
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo filed a long-anticipated complaint on May 18, 2023 against the University of Southern California (USC), the Pac-12 Conference, and the National...more
As the temperatures rise, many employers, including those in the retail industry, may be fielding applications from minors looking for summer work. Before hiring applicants under the age of 18, it’s important to understand...more
Anyone who follows professional football is well aware that Buffalo Bills safety Damar Hamlin collapsed on the field during a Monday Night Football game on January 2, 2023. The sight was jarring. Despite the fact that...more
The National Labor Relations Board’s Los Angeles Regional Office (LA Regional Office) decided last week that the University of Southern California, the Pac-12 Conference and the National Collegiate Athletic Association (NCAA)...more
With summer approaching, many employers will be turning their attention to staffing up for the season. The summer workforce includes a substantial number of minors. So, this is a good time to consider the issues involved...more
On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate...more
As McGuireWoods reported previously, on Feb. 3, 2022, the U.S. Court of Appeals for the Third Circuit agreed to hear an interlocutory appeal on the question of whether Division I student athletes can be employees of their...more
Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at...more
The National Labor Relations Board (Board) recently conducted an election in which student workers in the Office of Admission (Admissions) at Hamilton College (College) voted 25 to 20 to be represented by Local One of the...more
Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more
It’s difficult to imagine a four month period more impactful for the NCAA, if not for intercollegiate athletics on the whole, than the one we’re currently in. From the Supreme Court’s decision in Alston in June 2021, to the...more
National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating that, in her prosecutorial view, college athletes are statutory employees under the National Labor Relations Act...more
On September 29, 2021, the General Counsel for the National Labor Relations Board (“NLRB”), put colleges and universities on notice that she plans to prosecute cases against them for denying student athletes their rights...more
The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as...more
On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more
The General Counsel for the National Labor Relations Board (NLRB or Board), who has authority for setting prosecutorial policy for the NLRB, issued a General Counsel Memorandum (GC Memo) today, reversing the prior Board...more
In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more