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
Introduction -
In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more
7/25/2024
/ Alston v NCAA ,
College Athletes ,
Colleges ,
Compensation ,
Educational Institutions ,
Fair Labor Standards Act (FLSA) ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
SCOTUS ,
Student Athletes ,
Universities
Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more
12/22/2023
/ Antitrust Provisions ,
College Athletes ,
Compensation & Benefits ,
Educational Institutions ,
Intellectual Property Protection ,
Minimum Wage ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Student Athletes ,
Unions ,
Wage and Hour
The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election. Initially, it is important to understand that this new...more
The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election. The NLRB’s new standard (announced in Cemex Construction...more
9/18/2023
/ Cemex ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Law Violations ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Unions
Are Division I athletes who play football and basketball “student-athletes” or “employees”? The National Labor Relations Board’s General Counsel (GC) has filed a complaint against the NCAA, the PAC-12, and the University of...more
5/25/2023
/ Basketball ,
Educational Institutions ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Football ,
Misclassification ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
University of Southern California (USC)
On December 21, 2022, Governor Kathy Hochul signed New York State Senate Bill S9427A into law. This new law, which becomes effective during September 2023, requires employers with four or more employees to include the...more
In a recent decision, the National Labor Relations Board (NLRB) determined that a hospital violated its duty to bargain when it failed to provide the union representing some of its workers with certain documents related to...more
The 2022 midterm elections in the United States are just around the corner, on November 8. Midterm elections generally decide which political party controls the United States Congress as well as state legislatures and...more
Last month, the National Labor Relations Board issued a complaint alleging that Apple, Inc. committed an unfair labor practice by prohibiting union flyers in the breakroom while permitting non-union solicitations and...more
10/10/2022
/ Apple ,
Employee Rights ,
Employees ,
Enforcement Actions ,
Federal Labor Laws ,
Labor Relations ,
Manufacturers ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Organizers ,
Unions
Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022...more
6/23/2022
/ Biden Administration ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Statement ,
Restaurant Industry ,
Unions
Americans view labor unions more favorably than they have in decades, and the recent shift in support seems to be yielding results. The private sector unionization rate was just 6.1 percent in 2021, and Union membership in...more
On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is...more
3/7/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
Since the beginning of the COVID-19 pandemic, employers have dealt with many challenges related to ensuring a safe and healthy workplace for their employees. With the persistence of the highly transmissible Delta and Delta...more
9/2/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
The 2021 Connecticut legislative session began January 6, 2021, and ended June 9, 2021. The legislature also held a special session from June 15-17, 2021. Several pieces of legislation were passed by both the House and Senate...more
6/25/2021
/ Age Discrimination ,
Breastfeeding ,
General Assembly ,
Hairstyle Discrimination ,
Labor Reform ,
New Legislation ,
Proposed Legislation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The debate about compensating college athletes has presented itself in many forms recently, including a recent argument before the United States Supreme Court. As that notion gains momentum, U.S. legislators have stepped in...more
6/3/2021
/ Collective Bargaining ,
College Athletes ,
Colleges ,
Compensation ,
Educational Institutions ,
Labor Reform ,
Legislative Agendas ,
NLRA ,
Regulatory Agenda ,
Student Athletes ,
Unions ,
Universities
Post-employment restrictions, including noncompete agreements, have become an increasingly popular tool for protecting business investments; confidential information; client, customer and employee relationships; and goodwill....more
On March 9, 2021, the United States House of Representatives passed the Protecting the Right to Organize (PRO) Act. The PRO Act (the Act), if it becomes law, would make vast, union-friendly changes to the National Labor...more
On September 18, 2020, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued a memorandum providing broad guidance reminding employers of their obligations under the National Labor Relations Act (Act),...more
With election season underway, employers are considering how to address employees discussing politics and expressing their political beliefs in the workplace. Managing these issues can create significant legal and employee...more
Employers are increasingly aware that an inclusive workplace is synonymous with one that does not tolerate abusive conduct, personal attacks or any form of harassment, especially harassment that is based on an employee’s...more
As the United States continues to navigate the ongoing coronavirus pandemic and ensuing economic crisis, many employers are considering unprecedented action, such as altering their business model, implementing remote work...more
Companies attempting to determine whether they are joint employers of certain workers under the National Labor Relations Act (Act) have been confronted with a shifting landscape during the past few years as the National Labor...more
On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more
On November 26, New York City will implement a package of laws, dubbed the “Fair Workweek Law” (Law). The package of five laws states that retail and fast food employers in New York City must provide employees with...more