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 without violating labor […]
Posted inWorkplace Discrimination
Trump’s Executive Order and Pending Legislation Threaten to Cement College Athletes’ Misclassification Under the FLSA and NLRA
CONNOR LOCKE 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, universities are now […]
Posted inPublic Sector Employment
DOJ Challenges Associational Standing for Fired Federal Workers
Elizabeth Regina Mitchell About the Author Elizabeth Regina Mitchell J.D. Candidate, Class of 2027American University Washington College of Law Elizabeth Regina Mitchell is a third-year law student at American University Washington College of Law, where she focuses on employee benefits, executive compensation, ERISA, tax, and labor and employment law. She serves as Editor-in-Chief of the […]
Posted inWorkplace Discrimination
The Legal Risks of Dismantling DEI Programs Under Title VII and Emerging Federal Orders
TESA HARGIS 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 initiatives and associated […]
Posted inSports & Entertainment
Get with the Program, Reality Shows: NLRB Says Unscripted Cast Members Are “Employees” Under the NLRA
ALICIA ROSS “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 Love is […]
Posted inLabor Relations & Unions, Student Pieces
Captive-Audience Meetings and the Future of Unlawful Corporate Coercion
Ally Brown About the Author Ally Brown J.D. Candidate, Class of 2027American University Washington College of Law After spending a decade in the labor movement and progressive politics, Ally Brown decided to attend law school to gain additional skills to advance workers’ rights and economic justice. As an opposition researcher, she conducted and managed research […]
Posted inEmployment law, Student Pieces
The Merit Systems Protection Board Backlog: A Problem for Federal Employees Solved with New Systems
JARED ZWETTLER 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 Practices (PPPs) brought […]
Posted inDiscrimination & Civil Rights, Student Pieces
Giving the Cat’s Paw Its Claws: How Broader Subordinate Liability Protects Vulnerable Workers
KHALID IBDAH 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 Civil Rights […]
Posted inLegislation & Policy, Student Pieces
The Impact of Recent Administrative Jurisprudence on Private Sector Labor Law
JACK MURER “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 National Labor Relations […]