March 18, 2021 On March 12, 2021, the National Labor Relations Board withdrew its proposed rulemaking that would have prevented college student workers from organizing unions. As a result, the Board’s 2016 decision granting...more
NLRB withdraws proposed rule intended to benefit private colleges and universities: The March 15, 2021 Federal Register contained an unwelcome surprise for private colleges and universities. The National Labor Relations Board...more
Colleges and universities have witnessed major developments in September with student teaching and research assistants at private schools losing the right to unionize but student-athletes in California gaining the right to be...more
The National Labor Relations Board (NLRB) has proposed a new rule which would exclude undergraduate and graduate students from coverage under Section 2(3) of the National Labor Relations Act (NLRA). Specifically, students who...more
On September 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for...more
On September 20, 2019 the National Labor Relations Board (“NLRB” or “Board”) proposed a rule which, if approved, would exclude graduate and undergraduate student workers, who perform services in connection with their studies,...more
The seemingly never-ending debate over private sector college- and university-student employment status continues. On Friday, September 20, the National Labor Relations Board (NLRB) announced its intent to propose a rule...more
Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with...more
The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more
On September 20, 2019, the National Labor Relations Board (Board) issued a proposed rule that would exclude from the National Labor Relations Act (Act) undergraduate and graduate students at private colleges and universities...more
As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more
We previously reported, in 2016, that the Obama-era National Labor Relations Board (“NLRB”) issued a decision in Columbia University that paved the way for graduate students to unionize at private higher education...more
The National Labor Relations Board (NLRB) has announced that it will propose rules on the standard for determining whether students who perform services at private colleges or universities in connection with their studies are...more
Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more
In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor...more
During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more
Late last week, the Departments of Labor (“DOL”), Health and Human Services (“HHS”) and the Treasury (collectively, the “Agencies”) issued a very welcome FAQ that will allow higher education institutions to continue...more
In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more
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
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
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
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
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
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