News & Analysis as of September 20, 2024

Fair Labor Standards Act (FLSA)

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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 -

Beltway Buzz - August 2024 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/3/2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

Robinson & Cole LLP on 7/25/2024

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

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

Troutman Pepper on 7/23/2024

Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

Ballard Spahr LLP on 7/18/2024

On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

Venable LLP on 7/17/2024

U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

Unions for College Athletes – Some Food for Thought

Carr Maloney P.C. on 5/7/2024

The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to...more

Managers Not Protected by NLRA Concerted Activity Rules

Parker Poe Adams & Bernstein LLP on 4/12/2024

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

Court Vacates New NLRB Joint Employer Rule

BakerHostetler on 3/12/2024

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/6/2024

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more

Dartmouth men’s basketball players are employees, NLRB Regional Director says

Constangy, Brooks, Smith & Prophete, LLP on 2/9/2024

In a February 5 decision, Laura A. Sacks, the Regional Director for Region 01 of the National Labor Relations Board, concluded that the men’s basketball student-athletes for Dartmouth College are employees for purposes of the...more

#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment...

Epstein Becker & Green on 1/31/2024

This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations...more

5 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

Kilpatrick on 12/20/2023

On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on 11/22/2023

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Recent Agency Moves May Shake Up Employers

Warner Norcross + Judd on 8/31/2023

Recent actions by the National Labor Relations Board (NLRB) and Department of Labor (DOL) may have significant implications for employers. First, the NLRB issued a decision in Cemex Construction Materials Pacific last week...more

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

BCLP on 6/8/2023

Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...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

Pay-for-Play: The Status of College Athletes as Employees

Stinson LLP on 4/19/2023

In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

Employment Flash - April 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 4/14/2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Stronger Together: Labor and Employment Update

Ward and Smith, P.A. on 3/31/2023

In a seminar focused on recent updates to labor and employment laws, Will Oden, of Ward and Smith’s labor and employment practice group, provided an overview of employee and independent contractor classification guidelines,...more

Beltway Buzz - October 2022 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/31/2022

DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more

The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I

Husch Blackwell LLP on 10/21/2022

Husch Blackwell's Tom Godar of the Labor Law Insider welcomes two new experts as they discuss the shifting standards for joint employer status and the significant impact they can have upon employers, both union and...more

NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

Mintz - Employment Viewpoints on 9/19/2022

The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The...more

Policy Matters Newsletter - August 2022

Seyfarth Shaw LLP on 8/16/2022

Inflation Reduction Act Of 2022. After the so-called “vote-a-rama,” that lasted all night and into the morning last Saturday / Sunday, the Senate finally voted to pass the Act through reconciliation, by a 51-50 vote margin...more

Student Athletes File NLRB Charges Claiming Employee Status

McGuireWoods LLP on 2/11/2022

As McGuireWoods reported previously, on Feb. 3, 2022, the U.S. Court of Appeals for the Third Circuit agreed to hear an interlocutory appeal on the question of whether Division I student athletes can be employees of their...more

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