On August 20, 2023, the Spanish national football team won the FIFA Women’s World Cup for the first time in history. As star forward Jenni Hermoso received her medal in front of thousands of fans, Luis Rubiales, then...more
4/16/2025
/ Athletes ,
Code of Conduct ,
Employee Rights ,
Employer Liability Issues ,
Fédération Internationale de Football Association (FIFA) ,
Labor Relations ,
Risk Management ,
Sexual Assault ,
Sexual Harassment ,
Spain ,
Sports ,
Unions ,
Workplace Safety
On February 5, President Trump signed an executive order (EO) that aims to ban transgender women from participating in women's and girls' sports. This is the fourth order concerning transgender people that Trump has signed...more
2/11/2025
/ Athletes ,
College Athletes ,
Department of Education ,
Equal Protection ,
Executive Orders ,
Gender Identity ,
LGBTQ ,
NCAA ,
Student Athletes ,
Title IX ,
Transgender ,
Trump Administration
As previously reported here, on July 11, 2024, the U.S. Court of Appeals for the Third Circuit (the Third Circuit) ruled that collegiate student athletes could theoretically be considered employees of their respective...more
On December 18, the National Collegiate Athletic Association (NCAA) once again found itself on the losing end of a federal court opinion that could alter the landscape of collegiate athletics....more
We previously reported that the National Labor Relations Board (NLRB) heard a complaint earlier this year against the NCAA, the University of Southern California, and the Pac-12 Conference for failing to classify student...more
1/15/2025
/ Administrative Procedure ,
Collective Bargaining ,
Employee Definition ,
Employees ,
Employment Litigation ,
Joint Employers ,
Misclassification ,
NCAA ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Trump Administration ,
Unions ,
University of Southern California (USC)
This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more
8/26/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Non-Compete Agreements ,
Pending Litigation ,
Popular ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
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
7/17/2024
/ College Athletes ,
Colleges ,
Compensation ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Right to Control ,
Universities
In Starbucks Corp. v. McKinney, 602 U.S. ____ (2024) (hereafter, "Starbucks"), the U.S. Supreme Court (SCOTUS) recently resolved a circuit split to clarify that if the National Labor Relations Board (the Board) seeks a...more
The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten...more
6/7/2024
/ Antitrust Litigation ,
Class Action ,
College Athletes ,
Colleges ,
Compensation ,
Federal Labor Laws ,
NCAA ,
NLRA ,
NLRB ,
Revenue Sharing ,
Settlement ,
State Labor Laws ,
Student Athletes ,
Universities
For years now, the tide of college athletics has been shifting toward student-athlete representation and empowerment. Now, in what might become a landmark decision, a regional director for the National Labor Relations Board...more
Employers are confronting yet another expansion of what constitutes protected employee concerted activity under Section 7 of the National Labor Relations Act (NLRA). As employers well know, Section 7 guarantees employees "the...more
On June 29, 2023, in a 6-3 decision along ideological lines, the Supreme Court drastically altered college admissions by ruling that affirmative action admissions practices violated the Equal Protection Clause of the...more
7/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
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
6/5/2023
/ Colleges ,
Employee Definition ,
Employee Rights ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Students ,
Title IX ,
Universities ,
University of Southern California (USC) ,
Wage and Hour
On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more
5/19/2023
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Bad Faith ,
Collective Bargaining ,
Enforcement Actions ,
Federal Labor Laws ,
Labor Law Violations ,
NLRA ,
NLRB ,
Repeat Violations ,
Unfair Labor Practices ,
Unions
As we previously discussed, the Federal Trade Commission (FTC) has proposed a rule that, if enacted, would result in a nearly complete nationwide ban on employers' use of non-compete agreements. The rule has passed through...more
Attempting to increase transparency surrounding the use—and potential disparate impact—of artificial intelligence and data analytics in employment determinations, the New York City Department of Consumer and Worker Protection...more
Currently, an estimated 30 million workers in the United States are covered by non-compete agreements. The latest proposal from the Federal Trade Commission (FTC) seeks to alter this element of the employment landscape in one...more
If there's one thing employers can be sure of from one year to the next, it's that the laws and regulations governing their workplace and workforce are likely to change and develop, at least to some extent. Whether big or...more
1/26/2023
/ Affirmative Action ,
Colleges ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Harvard University ,
Highly Compensated Employees ,
LGBTQ ,
NLRA ,
Non-Compete Agreements ,
Preemption ,
Property Damage ,
Religious Exemption ,
Restrictive Covenants ,
Split of Authority ,
Strike ,
Universities
Quiet quitting can happen in virtually any workplace and has become a buzzword to describe employees who perform the bare minimum required by their job, yet still work enough to avoid a termination for job abandonment....more
Our Venable colleagues recently wrote on the proliferation of artificial intelligence in employer hiring practices and the Equal Employment Opportunity Commission's (EEOC) guidance relating to avoiding discriminating against...more
As you know - in a move dramatically expanding wage liability for most construction contracts created or modified on or after January 4, 2022 - the New York State legislature amended the Labor Law last year to hold a general...more
A trio of decisions from the New York state and federal courts in 2021 provided a helpful snapshot of several important factors that courts in New York consider when analyzing noncompetition agreements. Historically, courts...more