February 7, 2020 Legislation / Litigation

Barstool Sports in Hot Water with National Labor Relations Board

On January 27, 2020, a complaint was filed with the National Labor Relations Board (NLRB), alleging that Barstool Sports “engaged in and is engaging in unfair labor practices within the meaning of section 8(a), subsections (1) of the National Labor Relations Act.” While the complaint is devoid of facts regarding Barstool’s alleged violation(s), it is suspected that the unfair labor practices took place on January 22, 2020, during Episode 22 of The Kirk Minihane Show, a popular Barstool Sports podcast.

During the podcast, Minihane …

June 25, 2019 Litigation

D.C. Circuit Opinion Rules That Lacrosse Officials in Pennsylvania Are Independent Contractors

The D.C. Circuit ruled on June 14, 2019, that lacrosse officials working for the Pennsylvania Interscholastic Athletic Association (PIAA) are independent contractors and not employees. This ruling deems the officials ineligible to organize under the National Labor Relations Act, according to an opinion filed by Circuit Judge Thomas B. Griffith last Friday. Despite the National Labor Relations Board (NLRB) agreeing to declare the workers “employees” under their own standards, a three-judge D.C. Circuit panel determined that the NLRB did not account for the infrequency …

February 14, 2017 Labor & Employment

NLRB Opens its Doors to Protect College Football Players as Employees

On January 31, 2017, the general counsel of the National Labor Relations Board (NLRB or Board) released a memo which stated it believed football players at private colleges qualify as employees. The Board declined to answer this question in 2015 when they dismissed a unionization effort by players at Northwestern University, citing concerns of instability if such a decision was rendered that only pertained to private universities. However, a recent decision by the NLRB that found in favor of graduate teaching assistants challenging their status …

August 18, 2015 NCAA

NLRB Ends Northwestern Football Players’ Attempt at Unionization

A unanimous decision by the National Labor Relations Board on Monday ended the Northwestern University scholarship football players’ bid to unionize without addressing the key issue that has plagued collegiate athletics for so many years: whether college athletes are employees and entitled to such compensation.

The case was brought before the five-member board for review after an NLRB regional director found that the football players who put in “more hours than ‘many undisputed full-time employees’ work” are employees and thus can unionize. According to the …