While union organizing among students flourished under President Biden’s labor board, colleges and universities face unresolved issues, including compliance with other federal laws.[1] In Vanderbilt University v. National...more
As employers anticipate possible changes in labor policy stemming from the recent presidential election, they should also consider two recent National Labor Relations Board (Board) decisions and a General Counsel (GC)...more
On October 7, 2024, the National Labor Relations Board’s (Board) General Counsel, Jennifer Abruzzo, issued a memorandum urging the Board to find certain non-compete provisions unlawful and to remedy any related infringement...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
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)
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
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 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
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
Most states, including Connecticut and Massachusetts, have laws that allow hospitals and other health care institutions to establish confidential peer review programs to oversee the quality of care provided by their health...more
On October 3, 2016, the National Labor Relations Board’s (Board) Office of the General Counsel (General Counsel) issued a memorandum seeking to broaden a union’s right to engage in intermittent strikes, which it defines as...more
The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more
10/30/2015
/ Employment Policies ,
Facebook ,
Internet ,
NLRA ,
NLRB ,
Online Platforms ,
Protected Concerted Activity ,
Social Media ,
Social Media Policy ,
Social Networks ,
Websites
The National Labor Relations Board (Board) continues its scrutiny of employer policies—this time striking down an email policy designed to ensure that health care employees provide patient care without distraction. UPMC, 362...more
The National Labor Relations Board (Board) continues its scrutiny of employer policies—this time striking down an email policy designed to ensure that health care employees provide patient care without distraction. UPMC, 362...more
On August 27, 2015, the National Labor Relations Board (Board) issued a split decision (3-2) that drastically changes the test for determining whether an entity is considered a “joint employer” for purposes of collective...more
9/1/2015
/ Browning-Ferris Industries of California Inc. ,
Franchisee ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
Minimum Wage ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Unpaid Overtime ,
Wage and Hour