March 2014

Is this the beginning of the end of college football as we know it?  Some argue that the end already has begun, with the “big money” of television and the corresponding commercialization prevalent in the sport.  Some argue that in today’s major college football and basketball, the phrase “student-athlete” is a misnomer.

Has the end begun?  Perhaps, but as predicted below, look for a legislative initiative to be triggered.
Continue Reading Further Reflections on Unions in College Football – Is “student athlete” a misnomer?

Readers of this blog will recall our post on January 30 of this year, found here, regarding the effort by certain Northwestern University football players to unionize scholarship players on the team.  Many pundits (including this one) predicted that even this National Labor Relations Board (NLRB) would not find that the players were employees.  Wrong (at least so far)! 
Continue Reading NLRB Regional Director Finds that Scholarship Football Players at Northwestern are Employees, not “Primarily Students” and Orders Union Election

Employers have long been under an obligation to provide employees and prospective employees with prior written notice that a credit report – a “consumer report” in the language of the Fair Credit Reporting Act (FCRA) – may be obtained about them.  The FCRA specifically requires this notice to be “in a document that consists solely of the disclosure,” although the Act elsewhere clarifies that the disclosure may also contain an authorization by the employee or applicant for procurement of the report.  Recent court decisions, settlements, and new lawsuits have highlighted the importance of ensuring compliance with this provision of the FCRA.
Continue Reading Employers Cautioned to Review Disclosures for FCRA Compliance

Readers of our series of posts on D.R. Horton will recall our prediction that the National Labor Relations Board (NLRB or the Board) would continue its attacks on certain arbitration agreements.  As predicted, the NLRB’s administrative law judges (ALJ) continue to strike down any arbitration agreements that waive class or collective action claims and allow arbitration of only individual claims.  The ALJs consistently find that such agreements violate employees’ Section 7 rights to engage in protected concerted activity.
Continue Reading Delay in Supreme Court Review of D.R. Horton Continues to Cost Employers Enforcing Arbitration Agreements

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

Thought Leadership by our Attorneys.