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The Burr Broadcast: New Independent Contractor Rule
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California Employment News: The Employment Start-Up Kit for Start-Ups – Part 1
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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
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
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s...more
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
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
On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more
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
The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more
In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more
In a historic election on March 5, 2024, the Dartmouth College men’s basketball team voted 13-2 to unionize. The vote took place exactly one month after an NLRB regional director ruled that Dartmouth men’s basketball players...more
On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented...more
The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more
A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more
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
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
Having introduced the cast and set the scene in part 1 of this 3-part series, we turn now to the details. But before doing so, let’s get one thing out of the way – you likely won’t have unionized players on campus...more
It wasn’t cash, an NIL deal, or even an athletic scholarship, but it was compensation according to National Labor Relations Board (NLRB) Region 1 Director, Laura Sacks. By providing its men’s basketball team with apparel,...more
Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more
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
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
On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more
This week, the regional director for Region 1 of the National Labor Relations Board issued an opinion that could usher in a wave of unionization efforts among college athletes. Fifteen members of the Dartmouth men’s...more
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
On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor...more