SENIOR STAFF WRITER: JOHN KERINS There is perhaps no greater symbol of NBA strategic maneuvering than a blockbuster trade. However, behind the fireworks lie significant questions about labor rights in a highly structured industry: Do trades infringe upon an athlete’s freedom of movement? Can professional athletes—as opposed to other entertainment fields—be subject to involuntary relocation […]
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Trump’s Executive Order and Pending Legislation Threaten to Cement College Athletes’ Misclassification under the FLSA and NLRA
Connor Locke: Senior Staff Writer 2025 marks the dawning of a new era in college athletics, but it appears likely that 2025 will also be the year that the NCAA finally cements its long-fought status quo preventing athletes from being compensated for their on-field labor. In a monumental shift toward fair compensation for top athletes, […]
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Examining the DOJ’s Arguments Surrounding Associational Standing for Unions Representing Fired Federal Workers
Elizabeth Mitchell: Senior Staff Writer On January 20, 2025, President Donald J. Trump issued Executive Order 14,158—“Establishing and Implementing the President’s ‘Department of Government Efficiency’ (DOGE).” This order reorganized the U.S. information service and appointed Elon Musk as Senior Advisor to the President and de facto Head of the Department of Government Efficiency (DOGE). The […]
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The Legal Risks of Dismantling DEI Programs Under Title VII and Emerging Federal Orders
By: TESA HARGIS, SENIOR STAFF I. Introduction Diversity, Equity, and Inclusion (“DEI”) programs have come under intensifying scrutiny following President Donald Trump’s return to office in January 2025. On January 20, 2025, he issued Executive Order No. 14,151, titled Ending Radical and Wasteful Government DEI Programs and Preferencing, that mandated the elimination of federal DEI […]
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Get With the Program, Reality Shows: NLRB Says Unscripted Cast Members are “Employees” Under the NLRA
ALICIA ROSS, SENIOR STAFF “Since at least January 19, 2023, and continuing, Respondent has intentionally misclassified its Love is Blind cast members . . . as non-employee ‘participants’ thereby inhibiting them from engaging in Section 7 activity and depriving them of the protections of the [National Labor Relations] Act.” – National Labor Relations Board Netflix’s […]
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Captive-Audience Meetings and the Future of Unlawful Corporate Coercion
BY: Ally Brown, Junior Staffer In November 2024, the National Labor Relations Board (“NLRB”) overturned a nearly 80-year precedent on captive-audience meetings in Amazon.com Services LLC. Captive-audience meetings are mandatory employer-led meetings where employers can express views on unionization, politics, and religion during work hours. Under threat of discipline or discharge for leaving early or […]
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The Merit Systems Protection Board Backlog: A Problem for Federal Employees Solved with New Systems
BY: JARED ZWETTLER, Junior Staffer The Merit Systems Protection Board (the Board), a quasi-judicial executive branch entity, plays a critical role in the federal government by providing employees and agencies with an avenue to appeal Administrative Judge decisions on adverse actions taken against federal employees. The Board largely handles cases involving allegations of Prohibited Personnel […]
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Giving the Cat’s Paw its Claws: How Broader Subordinate Liability Protects Vulnerable Workers
BY: KHALID IBDAH, Senior Staffer Discrimination is a persistent evil in society. Deep-rooted and omnipresent discrimination requires proactive and continued efforts to counter it. Almost nowhere is it harder to prove than in employment litigation. Creating opportunities, generating income, and subsisting are dependent on a non-discriminatory workplace. With this consideration, Congress enacted Title VII of the […]
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The Impact of Recent Administrative Jurisprudence on Private Sector Labor Law
BY: JACK MURER, Senior Staffer “The Court’s recent jurisprudence sends a clear message to the Board and other interested parties that swift resolution of labor disputes will likely lay outside Board proceedings.” The rights guaranteed under the National Labor Relations Act (NLRA or the Act) are almost entirely secured by the administrative scaffold of the […]