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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December 22
Worker-friendly legislation enacted in New York; UW Professor wins free speech case; Trucking company ordered to pay $23 million to Teamsters.
December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.