Holt McKeithan is a student at Harvard Law School.
In today’s News & Commentary, the Senate cleared the way for the GOP to take control of the NLRB next year, and the NLRB classifies “Love is Blind” TV contestants as employees.
The Senate halted President Biden’s renomination of National Labor Relations Board Chair Lauren McFerran on Wednesday. McFerran’s nomination failed 49-50, with independents Joe Manchin and Kyrsten Sinema joining Republicans to vote no. McFerran’s tenure as NLRB Chair is set to expire this month. The Democrats’ attempt to renominate her for another five-year term would have meant Democrat-control of the NLRB through 2026. Democrats could push for another attempt to hold a nomination vote, but Wednesday’s results indicate that it would not pass.
The NLRB has filed a complaint against reality TV show “Love is Blind,” arguing the contestants on the show should be characterized as employees and eligible for worker protections. Two contestants, Renee Poche and Nick Thompson, had previously filed an unfair labor practices claim against the show and pushed for classification as employees. The contract contestants must sign to participate in “Love is Blind” is restrictive, including a non-disclosure agreement and a $50,000 penalty for withdrawing from the show before filming wraps. This is the first time the NLRB has deemed reality TV contestants “employees,” and opens the door for unionization of the industry.
Daily News & Commentary
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August 20
5th Circuit upholds injunctions based on challenges to NLRB constitutionality; Illinois to counteract federal changes to wage and hour, health and safety laws.
August 19
Amazon’s NLRA violations, the end of the Air Canada strike, and a court finds no unconstitutional taking in reducing pension benefits
August 18
Labor groups sue local Washington officials; the NYC Council seeks to override mayoral veto; and an NLRB official rejects state adjudication efforts.
August 17
The Canadian government ends a national flight attendants’ strike, and Illinois enacts laws preserving federal worker protections.
August 15
Columbia University quietly replaces graduate student union labor with non-union adjunct workers; the DC Circuit Court lifts the preliminary injunction on CFPB firings; and Grubhub to pay $24.75M to settle California driver class action.
August 14
Judge Pechman denies the Trump Administration’s motion to dismiss claims brought by unions representing TSA employees; the Trump Administration continues efforts to strip federal employees of collective bargaining rights; and the National Association of Agriculture Employees seeks legal relief after the USDA stopped recognizing the union.