Author Archives: aulaborlawforum


By: Marissa Ditkowsky On March 1, 2017, American University Provost Scott Bass sent out a community-wide email surrounding the unionization of graduate assistants through the Service Employees International Union (SEIU), Local 500. According to Provost’s email, SEIU Local 500 filed a petition with the National Labor Relations Board (NLRB) seeking to be a certified representative […]

No Ban, No Ball

By: Meikhel Philogene The travel ban imposed by President Donald J. Trump through Executive Order 13769, signed on January 27, 2017, has been one in a series of controversial executive orders signed by the President during his first two weeks of office.[1]  The travel ban immediately suspends U.S. entry to refugees and nationals from several […]

Should California Labor Laws Be Extended to all Entertainers?

Many of our country’s record labels are based in the state of California, which is of no surprise since California is where people travel to make their dreams come true. However, many are not aware that California has specific labor laws that establish a seven-year rule for contracts. In 1944, the actress Olivia de Havilland […]

H(ell)-2 Visa Program

The H-2 visa program, which grants visas for noncitizens to perform unskilled agricultural labor in the United States, is one that is often contended. Many argue that it takes jobs away from United States citizens who would otherwise receive employment, while its supporters assert that it is only used for jobs that United States citizens […]

Are Uber Drivers Employees or Independent Contractors?

Currently, labor law recognizes workers providing services can be categorized as an independent contractor or an employee. Independent contractors and employees are differentiated by their degree of control and independence in their work, and laws generally provide employees with more employment rights. Uber classifies their drivers as independent contractors, evading expenses such as overtime pay, minimum-wage protections, […]

Update to Overtime Eligibility Coming Soon

By: Brad O’Neil  Effective December 1, 2016, an update to the Fair Labor Standards Act’s (FLSA) overtime provisions will automatically extend overtime pay eligibility to 4.2 million workers.  The update will entitle full-time salaried workers making less than $47,476 a year ($913 per week) to overtime pay when they work more than 40 hours per […]

Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc.

Recent triumph for faith in the workplace.

Young v. United States Parcel Service

By Andrea De Leon In Young v. United States Parcel Service, Inc., the Supreme Court of the United States was tasked with deciding whether the Pregnancy Discrimination Act (PDA) requires an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar, but not pregnancy-related, work limitations. […]

Pacific Lutheran University, 361 NLRB No. 157 (2014)

By Nicholas Gleichman In its analysis, the National Labor Relations Board restructured its standard for evaluating when to assert jurisdiction over colleges and universities holding themselves out as religious institutions. See N.L.R.B. v. Catholic Bishop of Chicago, 440 U.S. 490 (1979). Additionally, the Board considered the level of control that faculty members need to exert […]

New Board Decision Could Mean Bargaining Rights for University Faculty

By Michael Poupore In December of 2014, the NLRB upheld union rights for a group of full-time contingent faculty members at Pacific Lutheran University in Tacoma, Washington. Pac. Lutheran Univ., 361 N.L.R.B. No. 157 (Dec. 16, 2014).  The decision departed from the general rule that faculty at private universities are not protected under the National […]