News & Analysis as of November 19, 2024

Employee Definition

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

Steptoe & Johnson PLLC on 2/15/2024

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

NLRB Rules That Dartmouth Basketball Players Are Employees

Troutman Pepper on 2/12/2024

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

Who’s a Joint Employer Now? New NLRB Rule Drastically Expands Joint Employer Definition

Sheppard Mullin Richter & Hampton LLP on 11/17/2023

On October 26, 2023, the National Labor Relations Board (the “Board”) released a final rule which vastly broadens the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”) and makes it...more

Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians

Littler on 4/12/2022

In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in...more

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

Jenner & Block on 2/28/2022

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

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

Proskauer - Labor Relations Update on 12/31/2021

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more

BREAKING: General Counsel Abruzzo Announces that College Athletes Are Employees

Proskauer - Labor Relations Update on 9/30/2021

Yesterday, General Counsel Jennifer Abruzzo issued a very significant memorandum on the status of college athletes as “employees” under the National Labor Relations Act. Statutory Rights of Players at Academic Institutions...more

The PRO Act’s Changes to ‘Independent Contractor’ Status: Unraveling the US Economy

Morgan Lewis on 4/28/2021

The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more

The Practical NLRB Advisor: Winter 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2021

The election of President Joe Biden, a longtime vocal supporter of organized labor, coupled with control of both chambers of Congress by the traditionally labor-friendly Democratic Party, is the prelude to changes on the...more

Changing Administrations, Changing Labor Policies, Part II: The 10 Most Prevalent Issues in Labor Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2021

Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their...more

NLRB Issues Proposed Rule to Clarify Status of Private University and College Students Working in Connection with Their Studies

Littler on 9/24/2019

On September 20, 2019, the National Labor Relations Board (Board) issued a proposed rule that would exclude from the National Labor Relations Act (Act) undergraduate and graduate students at private colleges and universities...more

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