• Archives

  • NRLB to Reconsider Unionization of Private College Graduate Students

    Last month, the National Labor Relations Board (“NRLB”) voted 3 to 1 to reconsider whether graduate students who work as teaching assistants or research assistants at private universities are protected by the National Labor Relations Act (the “Act” or “NLRA”) and whether they can participate in collective bargaining with institutions. By way of brief background, […]

    OSHA Fines May Increase More Than 80% In 2016

    The recent budget Congress passed included a provision that allows the Occupational Safety and Health Administration (“OSHA”) to raise its fines, which has not been adjusted since 1990. By way of background, under the Occupational Safety and Health Act “employers are responsible for providing a safe and healthful workplace. OSHA’s mission is to assure safe and healthful […]

    Committee Passes Bill to Veto NLRB’s New Joint-Employer Standard

    Recently, the House Education and the Workforce Committee approved the Protecting Local Business Opportunities Act (the “Bill”) with a 21-15 vote. This Bill was introduced as a response to the National Labor Relations Board’s (“NLRB”) recent decision that adopted a new test for determining joint-employer status. More specifically, in August 2015, the NLRB issued a […]

    UVA Fraternity Sues Rolling Stone Over “Rape On Campus” Story For $25 Million

    Recently, the University of Virginia (“UVA”) chapter of the Phi Kappa Psi fraternity filed a lawsuit against Rolling Stone magazine in Virginia state court for $25 million alleging defamation in connection with its ‘A Rape on Campus’ story. By way of background, on November 19, 2014, Rolling Stone published an article titled “A Rape on […]

    EEOC Issues Proposed Rules to Expand Wellness Program Incentives

    Last week, the Equal Employment Opportunity Commission (“EEOC”) announced that it plans to amend regulations for Title II of the Genetic Information Nondiscrimination Act (“GINA”) to allow employers who offer wellness programs to provide financial and other incentives to employees who voluntarily provide his or her spouse’s current or past health information. By way of […]

    With the Ninth Circuit’s O’Bannon Decision, The NCAA Must Comply With Antitrust Laws

    Last year, in O’Bannon v. National Collegiate Athletic Association, et al., Ed O’Bannon, a former All-American UCLA basketball player, along with nineteen others, filed an antitrust class action suit against the National Collegiate Athletic Association (“NCAA”) for its failure to compensate collegiate-athletes for its use of their names, images, and likenesses (“NILs”). Suit was initiated […]

    Suspended Student Sues Penn State University Alleging New Sexual Misconduct Investigative Procedures Violate Due Process

    Last week, a federal judge in Pennsylvania granted injunctive relief to a student who was suspended from Penn State University (the “University”) for alleged sexual misconduct. Specifically, the judge issued an order temporarily restraining the University from enforcing disciplinary sanctions pending a court hearing on November 23, 2015. The student is a senior at the […]

    Governor Cuomo Issues Executive Order Prohibiting Transgender Discrimination in New York State

    On October 23, 2016, Governor Andrew Cuomo (“Governor Cuomo”) exercised his executive power to expand the New York State Human Right Law to include protections for transgender individuals. The announcement came during the annual dinner hosted by the Empire State Pride Agenda, a group that traditionally advocates for gay, lesbian, bisexual and transgender people. “I […]

    Michael Kors and Versace Sued by Unpaid Interns

    Earlier this month, approximately 100 former interns filed class action suits in New York state court against Michael Kors and Versace for allegedly classifying them as interns rather than employees. The plaintiffs alleged in the class action suits that they were tasked with inputting data, assisting with organizing samples, answering phone calls, setting up promotional […]

    Second Circuit Holds Facebook “Likes” Protected by NLRA

    Recently, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) released a summary order and held that an employee’s “like” on Facebook can be protected by the National Labor Relations Act (“NLRA”). By way of brief background, in Three D, LLC d/b/a Triple Play Sports Bar and Grille v. National Labor Relations Board, […]