Student Employees

News & Analysis as of

Recent NLRB Decisions Affect Private Education

With summer over and school back in session, two recent National Labor Relations Board (“NLRB”) decisions affecting the education industry ensure that students aren’t the only ones with homework to do this fall. On...more

NLRB Considers Graduate Students “Employees” and Permits Union Organizing

The National Labor Relations Board (“NLRB”) reversed long-standing precedent in a recent decision involving graduate students, expanding the numbers of employees that may organize into unions. In Columbia University, the ...more

NLRB Raises Price of College Tuition

In yet another reversal of precedent, the National Labor Relations Board has ruled that students who perform work for a university for which they are compensated can form and join labor unions under the National Labor...more

National Labor Relations Board Grants Student Assistants the Right to Unionize at Private Colleges and Universities

In a setback to private colleges and universities, the National Labor Relations Board ruled on August 23, 2016 that student assistants have unionization and collective bargaining rights under the National Labor Relations Act....more

NLRB Rules Grad Students Are Employees, Can Unionize

Student Assistants at Private Universities Are “Employees” for Purposes of Collective Bargaining, NLRB Rules - Student assistants employed with private universities can be considered “employees” for the purposes of the...more

Export Licenses vs. Anti-discrimination: Hiring Non-U.S. Persons at Colleges and Universities

Imagine your institution has employed a graduate student to support a technology research program. The student is a citizen of the People’s Republic of China and holds a student visa, but is not authorized to view certain...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

Records Of Employment – Not Just For Terminations

The end of summer is (unfortunately) just around the corner, which for many employers means saying goodbye to student employees and seasonal workers. Most employers know that they need to complete a record of employment (ROE)...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

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

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

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: 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

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 Paves Way For Student Unionization

Seyfarth Synopsis: The NLRB ruled that students who work as teaching assistants at colleges and universities are “employees” under the NLRA and are thus permitted to engage in collective bargaining. On August 23, 2016,...more

Student Assistants are now Considered Statutory Employees under the NLRA

In its 2004 Brown University decision, the National Labor Relations Board (NLRB) held that graduate student teaching assistants were not employees because they were “primarily students” and their relationship with the...more

NLRB Holds That Grad and Undergrad Teaching Assistants at Columbia University Are “Employees”

In a 3-1 decision, the National Labor Relations Board (NLRB) held that “student assistants who perform work at the direction of their university for which they are compensated are statutory employees.” In The Trustees of...more

NLRB Rules Student Employees Can Unionize

In a game-changing decision reversing clear legal precedent, the National Labor Relations Board (NLRB) ruled by a 3-1 margin today that university students who work as teaching and research assistants at private universities...more

NLRB Rules That Graduate Students Are Employees

Yesterday, the National Labor Relations Board (“the Board”) issued its long awaited decision in Columbia University. Not surprisingly, the Board, in a 3-1 decision, overturned 12 years of precedent by ruling that “student...more

NLRB Allows Private University Students to Unionize

The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches...more

The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more

Agencies Confirm that Certain Student Health Insurance Subsidies for Student Employees May Violate the Affordable Care Act

Colleges and universities often offer to subsidize the cost of health coverage for student employees, either through the purchase of an individual health insurance policy or through a “premium reduction arrangement” designed...more

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