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
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