News & Analysis as of September 19, 2024

NLRB General Counsel

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Making Sense of the Dartmouth Decision | Part 3

Bricker Graydon LLP on 3/4/2024

In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

Venable LLP on 6/5/2023

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

Are Revenue Generating NCAA Student-Athletes Employees? California NLRB Office Says YES.

CDF Labor Law LLP on 5/25/2023

Last week, Region 31 of the National Labor Relations Board, based in Los Angeles, filed a complaint (Case No. 31-CA-290326) alleging that the University of Southern California (USC), the Pac 12 (Pac-12) Conference and the...more

NLRB GC Files Complaint Alleging USC’s Football and Basketball Players are Employees

Robinson & Cole LLP on 5/25/2023

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

NLRB General Counsel Files Complaint Demanding College Reclassify its Student-Athletes as Employees

Littler on 5/23/2023

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo filed a long-anticipated complaint on May 18, 2023 against the University of Southern California (USC), the Pac-12 Conference, and the National...more

Labor Board Advances Claims that Student-Athletes Are Employees: What Does Your Athletic Department Need to Know?

Fisher Phillips on 5/23/2023

NLRB General Counsel Jennifer Abruzzo just took another big step in the continuing saga surrounding college sports by filing a complaint seeking to have student-athletes classified as employees under the National Labor...more

NLRB General Counsel to Pursue Federal Labor Claims of Student Athletes

Foley Hoag LLP on 12/23/2022

Last week, NLRB General Counsel Jennifer Abruzzo joined the agency’s regional prosecutors in concluding that some NCAA student athletes are employees, instructing the Board’s regional prosecutors to pursue unfair labor claims...more

Game Changer: NLRB’s Los Angeles Office Says Student Athletes Can Unionize

Miles & Stockbridge P.C. on 12/22/2022

The National Labor Relations Board’s Los Angeles Regional Office (LA Regional Office) decided last week that the University of Southern California, the Pac-12 Conference and the National Collegiate Athletic Association (NCAA)...more

Labor Law Today—2021 Year in Review

Perkins Coie on 4/1/2022

The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Top Five Labor Law Developments for November 2021

Jackson Lewis P.C. on 12/15/2021

1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on 12/3/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Put Me in (a Bargaining Unit) Coach! - The NLRB Affirms Its Commitment to Treating Many Collegiate Athletes as Employees

Spilman Thomas & Battle, PLLC on 11/9/2021

Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at...more

NLRB, Labor Laws and the Impact on NCAA Athletes

Womble Bond Dickinson on 10/29/2021

Can - and should - college athletes be classified as employees? The answer to that question may be in flux....more

NLRB General Counsel seeks to further shake up college sports

Hogan Lovells on 10/15/2021

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

Are Student-Athletes Employees or Students? The NLRB General Counsel Issues Non-Binding Guidance

Goulston & Storrs PC on 10/6/2021

On September 29, 2021, the National Labor Relations Board’s (NLRB) new General Counsel issued a memorandum that student-athletes at private colleges and universities should be considered employees under the National Labor...more

NLRB General Counsel Says College Athletes Are Statutory ‘Employees’ in Memo with Broad Implications

Morgan Lewis on 10/4/2021

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating that, in her prosecutorial view, college athletes are statutory employees under the National Labor Relations Act...more

NLRB General Counsel Seeks to Expand Labor Rights for Student Athletes

Lathrop GPM on 10/4/2021

On September 29, 2021, the General Counsel for the National Labor Relations Board (“NLRB”), put colleges and universities on notice that she plans to prosecute cases against them for denying student athletes their rights...more

NLRB’s General Counsel Uses Prosecutorial Authority To Assert Student-Athletes Are Employees

Jackson Lewis P.C. on 10/4/2021

The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as...more

NLRB General Counsel Sends Strong Message That Many Scholarship Athletes are "Employees"

Steptoe & Johnson PLLC on 10/1/2021

On September 29, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC-21-08, in which she explained her position that the NLRB will consider many scholarship athletes to be “employees” under the National Labor Relations...more

NLRB GC Memo Says Certain College Athletes Are Employees, Have Right to Unionize

Akin Gump Strauss Hauer & Feld LLP on 10/1/2021

Key Points - The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more

NLRB General Counsel Announces Intent to Treat Some College Athletes as Employees

Miller Canfield on 9/30/2021

On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more

BREAKING: General Counsel Abruzzo Announces that College Athletes Are Employees

Proskauer - Labor Relations Update on 9/30/2021

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

NLRB General Counsel Takes a Stand: College Scholarship Football Players Are Employees Under the NLRA

McGuireWoods LLP on 4/12/2017

In a memorandum issued on January 31, 2017, the National Labor Relations Board’s General Counsel, Richard Griffin, provided a “guide for employers, labor unions, and employees that summarizes Board law regarding NLRA employee...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Franczek P.C. on 2/10/2017

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

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