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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September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.
September 8
DC Circuit to rule on deference to NLRB, more vaccine exemption cases, Senate considers ban on forced arbitration for age discrimination claims.
September 7
Another weak jobs report, the Trump Administration's refusal to arbitrate with federal workers, and a district court judge's order on the constitutionality of the Laken-Riley Act.
September 5
Pro-labor legislation in New Jersey; class action lawsuit by TN workers proceeds; a report about wage theft in D.C.
September 4
Eighth Circuit avoids a challenge to Minnesota’s ban on captive audience meetings; ALJ finds that Starbucks violated the NLRA again; and a district court certifies a class of behavioral health workers pursuing wage claims.
September 3
Treasury releases draft list of tipped positions eligible for tax break; Texas court rules against Board's effort to transfer case to California; 9th Circuit rules against firefighters seeking religious exemption to COVID vaccine mandate.