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National Labor Relations Board › Student Employees

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... more +
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 -
Littler

NLRB Reaffirms that Graduate Students Are Statutory Employees under NLRA

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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

Robinson & Cole LLP

Legal Update: NLRB General Counsel Tries to Reconcile FERPA and the NLRA

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As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...more

Fisher Phillips

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

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Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more

Bradley Arant Boult Cummings LLP

Teach, Hit the Lab, Grade Some Papers and… Unionize? NLRB Rules That Private University Graduate Students Can Unionize

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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

Venable LLP

Union Activity on Campus: How Institutions of Higher Education Can Prepare for Unionization Efforts by Student Workers

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Union organization campaigns are on the rise again, according to recent data from the Bureau of Labor Statistics and the National Labor Relations Board (“NLRB”). Institutions of Higher Education (“IHEs”) are wise to take...more

Littler

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

What Is OSHA’s Role in Light of the NLRB’s Position That Student-Athletes Are University Employees?

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Anyone who follows professional football is well aware that Buffalo Bills safety Damar Hamlin collapsed on the field during a Monday Night Football game on January 2, 2023. The sight was jarring. Despite the fact that...more

Miles & Stockbridge P.C.

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

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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

K&L Gates LLP

Student Athletes No More, NLRB Reinstates Scope of NLRA Section 7 to Include "Players at Academic Institutions"

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On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate...more

McGuireWoods LLP

Student Athletes File NLRB Charges Claiming Employee Status

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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

Spilman Thomas & Battle, PLLC

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

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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

Troutman Pepper

Student Workers in College Office of Admission Vote to Unionize

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The National Labor Relations Board (Board) recently conducted an election in which student workers in the Office of Admission (Admissions) at Hamilton College (College) voted 25 to 20 to be represented by Local One of the...more

Hogan Lovells

NLRB General Counsel seeks to further shake up college sports

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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

Bricker Graydon LLP

Out with student-athletes, long live Players at Academic Institutions

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It’s difficult to imagine a four month period more impactful for the NCAA, if not for intercollegiate athletics on the whole, than the one we’re currently in. From the Supreme Court’s decision in Alston in June 2021, to the...more

Morgan Lewis

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

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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

Lathrop GPM

NLRB General Counsel Seeks to Expand Labor Rights for Student Athletes

Lathrop GPM on

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

Jackson Lewis P.C.

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

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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

Miller Canfield

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

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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

Bond Schoeneck & King PLLC

NLRB General Counsel Abruzzo Issues Memo on Employee Status of Players at Academic Institutions

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The General Counsel for the National Labor Relations Board (NLRB or Board), who has authority for setting prosecutorial policy for the NLRB, issued a General Counsel Memorandum (GC Memo) today, reversing the prior Board...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

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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

Foley Hoag LLP

NLRB Withdraws Proposed Rule Intended to Block Student Union Organizing

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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

Steptoe & Johnson PLLC

NLRB Paves the Way for Graduate Student Unions

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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

Littler

NLRB Rescinds Proposed Rule Clarifying Status of Private University and College Students Working in Connection with their Studies

Littler on

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

Bass, Berry & Sims PLC

Students May Unionize After All: NLRB Withdraws Proposed Rule

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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

Foley & Lardner LLP

Graduate Assistants are Employees (Again)

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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

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