In a recently filed lawsuit, the College Basketball Players Association (CBPA) has accused the National Collegiate Athletic Association (NCAA) of violating Sec. 8(a)(1) of the NLRA “by classifying college athletes as student-athletes.” In so doing, the CBPA alleges the NCAA has illegally benefitted from the work of college athletes without giving them the income or benefits they would otherwise be entitled to. They have filed a charge with the National Labor Relations Board (NLRB) to have them investigate the issue, with the intent of changing the existing law.
Broadly speaking, there are two primary types of workers: employees and independent contractors. While this may not seem especially relevant to some people, the legal distinction between the two is incredibly important. Depending on whether you are an employee or independent contractor, you could have far different protections and responsibilities to your employer. Here are five things you should know about independent contractors:
New York State has announced that it will be requiring all healthcare workers to receive a vaccination against COVID-19 infection. This requirement affects all healthcare workers at hospitals and long-term healthcare facilities, including nursing homes and assisted living facilities. This requirement is intended to help protect both workers and patients who are at high risk of coronavirus infection.
The Equal Employment Opportunity Commission (EEOC) has rescinded a proposed rule that would have made it much more difficult for the EEOC to engage in pre-suit conciliation. The changes to the conciliation process were proposed to make it easier for employers accused of employment law violations to fight the accusations. However, the rule was ultimately rescinded due to the chance that it would have made bringing charges against employers too burdensome. Continue reading “EEOC Rescinds Proposed Pre-Suit Conciliation Rule”
A new bill introduced in the United States Senate would allow student athletes to form unions and collectively bargain on their own behalf. If passed, it would give student athletes the unprecedented ability to negotiate contracts with their colleges and universities, and give them labor protections they currently lack. It would also allow them to personally benefit from the enormous amount of money they bring into the educational institutions they play for. Continue reading “New Bill Would Allow Student Athletes to Form Unions”
As vaccines for the coronavirus have been developed, and are now in the process of being delivered, some employers have begun to contemplate mandatory vaccination policies. If these were implemented, it could significantly affect employees across many fields, especially essential workers who are much more likely to be exposed to the virus. But what would a mandatory vaccination policy entail, and what happens to employees who cannot, or will not, comply with them? Continue reading “Employers Begin to Consider Mandatory Vaccination Policies”
If there is one thing most people can agree on, it is that 2020 was not a pleasant year by any stretch of the imagination. For employees, however, it has been especially harsh, with many workers missing out on vacations they were legally entitled to, or being forced to use their vacation days to comply with quarantine procedures. In some cases, this has created complex situations for employers, who have had to wrestle with adjusting to problems caused by the coronavirus pandemic. Continue reading “Employees Took Fewer Vacation Days in 2020”
Employee misclassification is a surprisingly widespread problem across many industries, and yet it is poorly understood by most workers. And yet, whether an employee is properly classified can have a massive impact on their taxes, income, and benefits. So, why is it that some employees are misclassified, and what can you do to deal with it? Continue reading “What Happens When an Employee is Misclassified?”
In a recent decision by the Supreme Court of the United States, it was held that the religious exemption to the Affordable Care Act’s (ACA) contraceptive mandate applied to all businesses with a religious or moral objection, not merely churches or other religious orders. This ruling could have a significant impact on healthcare benefits for employees around the country and could have other implications in related fields of law. This case is part of a growing trend by the court that has granted ever greater religious freedoms to employers, often at the expense of their employees. Continue reading “SCOTUS Upholds Religious Objection to ACA Contraceptive Mandate”
New York Attorney General Letitia James has filed a lawsuit against the United States Department of Labor (DOL) alleging they created a rule that violates the plain text and meaning of the Families First Coronavirus Response Act (FFCRA). The lawsuit alleges, among other things, that the rule creates overly broad categories excluding certain workers from paid sick and family leave and has imposed conditions on certain benefits without a statutory basis. The lawsuit could affect thousands of employees in New York, and potentially millions around the United States. Continue reading “NY AG Sues Department of Labor Over FFCRA Rule”