News & Analysis as of

Misclassification Colleges

Fisher Phillips

Headed to Overtime? 3 Tips to Tackle the Higher Salary Threshold for College Coaches and Athletics Staff

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Colleges and universities are feeling the heat after recent increases to the salary threshold for employees to be exempt from overtime pay under federal wage and hour law. The new rules may have significant implications for...more

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

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We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Steptoe & Johnson PLLC

NLRB Issues Complaint for Athlete Misclassification against NCAA, Pac-12, and USC

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On May 18, 2023, the National Labor Relations Board’s (the Board) regional director in Region 31 issued a complaint against the National Collegiate Athletic Association (NCAA), the Pac-12 Conference, and the University of...more

Venable LLP

Working Overtime: Considerations for Worker Classification in Higher Education

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​​​​​​​One of the chief concerns for any employer is determining the proper exemption status of its workers to ensure compliance with federal, state, and local wage and hour laws. Getting the exemption status of an employee...more

Fisher Phillips

College Basketball Players Group Tips-Off Battle Over Student-Athlete Employment Status

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A nascent “advocacy” group just opened the first front in the newest battle over the status of collegiate student-athletes under the National Labor Relations Act. The College Basketball Players Association filed a one-line...more

Fox Rothschild LLP

NLRB’s Top Lawyer Says College Athletes Are Employees

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In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor law. The implications...more

Littler

Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very...

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On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are...more

Fisher Phillips

Protected Concerted Athletic Activity? Labor Memo Calls for Employee Status for College Athletes

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A new memo from the National Labor Relations Board (NLRB) could pave the way for student-athletes at private universities to unionize, or at least fall within the jurisdiction of the NLRB when engaging in concerted activity....more

Proskauer - Labor Relations Update

BREAKING: General Counsel Abruzzo Announces that College Athletes Are Employees

Yesterday, General Counsel Jennifer Abruzzo issued a very significant memorandum on the status of college athletes as “employees” under the National Labor Relations Act. Statutory Rights of Players at Academic Institutions...more

Downs Rachlin Martin PLLC

2020 Mid-Year Legislative Update - DRM's Government & Public Affairs Team Mid-Year Analysis

Lawmaking in the COVID Era - The legislature adjourned on June 26 at 8:41 p.m. Sort of. After holding what was nearly the longest and certainly the strangest session in history, the legislature has really only recessed,...more

Fisher Phillips

Labor Department’s New Approach Is A Game Changer For Student Internships

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The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more

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