Today's News & Commentary — August 23, 2016

In a 3-1 decision today, the NLRB held that “student assistants who have a common-law employment relationship with their university are statutory employees under the [Section 2(3) of the National Labor Relations Act]”. The case, discussed previously on this blog, overrules the 2004 decision in Brown University and could result in tens of thousands of new union members across the country.

The 9th Circuit became the second appellate court to uphold the NLRB’s position that the NLRA prohibits workers’ arbitration agreements from including class action waivers. The 9th Circuit became the second to agree with the NLRB’s position and now widens the  split between circuit courts, with the Second, Fifth, Eighth and Eleventh Circuit all disagreeing.

United Continental Holdings has reached two labor deals with its flight attendants and mechanics. The deals will allow for further integration between pre-merger United and Continental and provide pay raises, improved health care, and job protection for employees.