News & Analysis as of

Students Employee Definition

Bricker Graydon LLP

Do I Need to Pay My Student Intern?

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With the start of this new semester, we have received several questions regarding whether student interns need to be paid. As everyone knows, state and federal law requires employers to pay employees for their work. ...more

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

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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

FordHarrison

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

FordHarrison on

Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor...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

Bradley Arant Boult Cummings LLP

Don’t Overlook These 5 Benefits Issues Facing Higher Education Institutions

All employers are faced with challenges and compliance risks associated with providing benefits to their employees. However, these risks and challenges can vary greatly by industry. Employers (and their advisors) who...more

Jenner & Block

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

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On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

Littler

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

Littler on

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

Proskauer - Labor Relations Update

NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any...more

Ballard Spahr LLP

New NLRB Rule Would Stop Graduate Student Unions in Their Tracks

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Last week, the National Labor Relations Board (NLRB) released a proposed rule that would remove graduate and undergraduate students who perform work for pay in conjunction with their academic studies from the definition of an...more

Troutman Pepper Locke

NLRB Proposes Regulation to Prevent Students From Organizing

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As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more

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

Beltway Buzz - May 2019 #3

Spring Regulatory Agenda Issued. On May 22, 2019, the Office of Information and Regulatory Affairs (OIRA) released the administration’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. Before diving into the...more

Seyfarth Shaw LLP

The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

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Seyfarth Synopsis:  Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.  Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more

Franczek P.C.

The NLRB Opens the Door to Union Organizing Among Undergraduate Resident Advisors at Colleges and Universities

Franczek P.C. on

In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident...more

Williams Mullen

Are College Athletes Employees? Board Counsel Tackles Controversial Issue

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A January memorandum issued by Richard Griffen, the current General Counsel of the National Labor Relations Board, has kicked off a debate over whether and when university students should be deemed “employees” who can assert...more

Bond Schoeneck & King PLLC

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

Bond Schoeneck & King PLLC

Is the NLRB’s Brown University Decision on Its Last Leg?

The National Labor Relations Board’s treatment of college and university students as “employees” covered by the National Labor Relations Act has been the subject of a tortured history. In the Fall of 2000, in a case...more

Dorsey & Whitney LLP

What Exactly is the Long-Term Impact of the NLRB’s Decision? Part 3

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While the Northwestern decision applies to private universities, there is a good chance that this rule would affect public universities as well. States have individual statutes and related administrative bodies that govern...more

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