Mandatory employer-sponsored meetings, otherwise known as captive audience meetings, sparked significant discussion and legislation these past few months....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)
Decisions and policies under the National Labor Relations Board ("NLRB" or "Board") have become increasingly politicized the last few decades resulting in significant swings between pro-employer and pro-union/employee...more
1/9/2025
/ Collective Bargaining ,
Corporate Counsel ,
Employees ,
Employment Policies ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRB ,
Section 7 ,
Trump Administration ,
Unions
The National Labor Relations Board (NLRB) has issued another union-friendly final rule. The Fair Choice-Employee Voice Final Rule (Final Rule), scheduled to become effective September 30, 2024, resurrects three procedural...more
9/27/2024
/ Bargaining Power ,
Blocking Power ,
Construction Industry ,
Corporate Counsel ,
Final Rules ,
Labor Regulations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Representatives ,
Unions
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
On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of...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
Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more
4/19/2023
/ Confidential Information ,
Confidentiality Agreements ,
Contract Terms ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Proprietary Information ,
Restrictive Covenants ,
Retroactive Application ,
Severance Agreements ,
Severance Pay ,
Trade Secrets
As is often the case, when a presidential administration changes, so may a prior rule issued by the National Labor Relation Boards (NLRB or the Board). On February 21, 2023, the Board returned to its pre-Trump administration...more
Recently the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued GC Memo 22-04, which seeks to bar employers from convening employee meetings on working time to address union representation...more