Posts tagged Jennifer Abruzzo
GOP lawmakers demand info on Biden-era spending used to declare student-athletes as employees
March 3, 2025 // While the change in how college athletes are treated has been welcomed by many, others have been concerned about the move's potential implications. Earlier this month, the Trump administration rescinded the Biden administration NLRB's September 2021 memo insisting college athletes be recognized as employees under federal labor laws. The Trump administration this month also revoked guidance issued by President Joe Biden on his way out of the White House that required schools to distribute direct NIL payments equally to female and male athletes. Aaron Withe, an expert in government unionization and a former college athlete, said he fears continued momentum toward viewing college athletes as strictly employees will destroy college sports. "Are unions going to step in between a coach and their athletes for yelling at the players, or because practice went long or because they're making them run an exceptional amount of lines?" Withe wondered. "If you're represented by a union, they're now your bargaining agent. You have no ability to go represent yourself in anything with the university if it is deemed they are your employer. You've got no ability to go negotiate with them anymore."
Walberg, Allen to NLRB: How Much Taxpayer Money Did Biden-Harris Spend Trying to Unionize Student Athletes
March 2, 2025 // “In September 2021, General Counsel Abruzzo issued a memorandum to NLRB field offices taking a ‘prosecutorial position’ that certain student-athletes were employees under the NLRA. The memo further stated she would pursue an independent violation of NLRA Section 8(a)(1) in ‘appropriate’ cases where an employer misclassified players as student-athletes rather than as employees.” The letter continues: “General Counsel Abruzzo’s attempts to impose the Biden-Harris administration’s misguided priorities on the student-athlete population would have caused significant consequences. Student-athletes would have lost the ability to negotiate their own deals with universities, and classifying these student-athletes as employees could have hindered their ability to transfer between schools.
No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in Valentine’s Day Shakeup
February 19, 2025 // During her tenure, former GC Abruzzo frequently issued employee-friendly memos on a host of issues, including opposing captive audience meetings, clamping down on employer surveillance, and expressing her perception of the legality of non-compete agreements and pay-or-stay provisions (for example, see alerts here and here). The memos, issued by the NLRB’s top prosecutor, signal the agency’s policy and enforcement priorities, and impact agency staff’s interpretation of their role in carrying out the agency’s objectives. Under Abruzzo, Regional Directors evaluated and acted on unfair labor practice claims as directed by the memos instead of the binding law and NLRB precedent.
Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to Know
February 18, 2025 // Overall, GC Cowen’s memo impacted 31 prior GC memos issued between 2021 and 2025 (yes, some of these were hurriedly issued in January prior to the presidential inauguration). Some of the most impactful memos that are no longer in effect include: Contending that most non-competition agreements violate federal labor law Prohibiting “stay or pay” provisions Characterizing student-athletes as employees
President Donald Trump appointed a new leader at the National Labor Relations Board
February 3, 2025 // William B. Cowen will serve as the acting general counsel of the NRLB, the agency said. Trump fired President Joe Biden’s NLRB general counsel, Jennifer Abruzzo, last week. Abruzzo was widely viewed as one of the most union-friendly people to serve in the role.
Trump fires EEOC and labor board officials, setting up legal fight
January 29, 2025 // Due to existing vacancies, Wilcox's ouster leaves the board with just two members, short of the quorum it needs to adjudicate even routine cases. (The board, when fully staffed, has five members.) With this move, Trump has effectively shut down the NLRB's operations, leaving the workers it defends on their own, AFL-CIO president Liz Shuler said in a statement.
The value of union strikes under Trump
January 29, 2025 // Like the UAW strikes, media coverage celebrated the strikes, but the impact appears nonexistent. The Starbucks rolling strike lasted a handful of days and only affected 300 stores and 5,000 employees — a miniscule percentage of Starbucks’ 10,000-plus stores and almost 200,000 workers. The Amazon strike impacted less than 10 of Amazon’s more than 100 locations, and workers generally continued working.
Trump fires US labor board member, hobbling agency amid legal battles
January 28, 2025 // As a board member, Wilcox voted to bar employers from holding mandatory anti-union meetings, to create a new path for unions to represent workers outside of the decades-old election process, and to make it easier to require companies to bargain with contract and franchise workers. Abruzzo in a statement said the board's efforts to empower workers in recent years would have a lasting impact. "So, if the Agency does not fully effectuate its congressional mandate in the future as we did during my tenure, I expect that workers with assistance from their advocates will take matters into their own hands," she said.
THE TRUMP EFFECT: DARTMOUTH HOOPERS WON’T BE UNIONIZING!
January 3, 2025 // The fight to deem athletes employees isn’t over yet. The Johnson v. NCAA case over athlete employment status is still pending in the federal court system, and a growing chorus of coaches and players (including those involved in the House v. NCAA settlement) have begun to call for collective bargaining. The NCAA and power conferences will continue their multimillion-dollar lobbying push in Congress to pass a law deeming athletes amateurs for good. Their chances of succeeding will be higher with a Republican majority in both houses and Sen. Ted Cruz (R., Texas) as head of the Senate Commerce Committee—though not guaranteed. Labor unions could also mount a lobbying push against the NCAA.
Legal Update: Three Major NLRB Updates Pose New Challenges for Employers
December 9, 2024 // Employers must remain diligent in staying abreast of these recent shifts in labor law and policy, especially on the cusp of an administration change. While GC Abruzzo’s term appears likely to end early in 2025, and the Board majority could flip in 2025 or 2026, the new Republican administration’s position on labor policy remains unclear, especially in light of the recent nomination of a pro-labor nominee to lead the Department of Labor.