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
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s...more
A growing trend of union organizing among undergraduate student workers reached a crescendo last week when a unit of 20,000 student assistants at California State University voted in favor of unionization. California...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
In recent months and weeks, undergraduate student union organizing has picked up pace rapidly. On March 22, 2022, Wesleyan University voluntarily recognized a bargaining unit of undergraduate resident advisors following a...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
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
On March 12, 2021, the National Labor Relations Board (Board) announced that it is withdrawing a rule proposed in September 2019 that would have excluded undergraduate and graduate students at private colleges and...more
The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...more
The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board...more
This past Friday, the National Labor Relations Board (NLRB) withdrew a controversial proposed rule that would have prevented graduate teaching and research assistants from attempting to unionize at private colleges and...more
Biden Signs Sixth COVID-19 Aid Package Into Law. President Joe Biden promised the country an enormous economic rescue plan, and he delivered. On March 11, 2021, President Biden signed into law the American Rescue Plan Act of...more
The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA)...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition,...more
The “Respect Graduate Student Workers Act,” introduced by Representative Mark Pocan (D-Wis.), aims to classify graduate student workers as employees and ensure them “full labor protections” under the National Labor Relations...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
Since 2000, the National Labor Relations Board has taken the position that some graduate students who are paid for teaching and research functions by private colleges and universities qualify as employees eligible to organize...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