Skip to main content
Search
Cart 0
0

User account menu

  • Sign In

Main navigation

Sign In
  • About us
    • About ALI Overview
    • Frequently Asked Questions
    • Governance
      • Governance
      • Officers
      • Council
      • Committees
        • Committees
        • Standing Committees
        • Special Committees
        • Joint Committees
    • Awards
      • Awards
      • Henry J. Friendly Medal
      • John Minor Wisdom Award
      • Distinguished Service Award
      • Reporter's Chairs
      • Early Career Scholars Medal
    • Contact Us
      • Contact Us
      • ALI Staff
      • Employment Opportunites
    • ALI CLE
    • Video Library
  • Publications
    • All Publications
    • Get Email Updates
    • Resources for Librarians
    • Trial Manual Electronic Publication
    • Style Manual
    • Reprint Permission
    • Publications FAQ
    • Customer Service
  • Projects
    • All Projects
    • Project Life Cycle
    • Style Manual
  • Meetings
    • All Meetings
    • Health and Safety
  • Members
    • Members Overview
    • About Our Members
      • About Our Members
      • In Memoriam
      • Regional Advisory Groups
      • Milestones
      • Newly Elected Members
    • Member Directory
    • Make a Gift
    • Membership FAQ
  • Giving
    • Giving Overview
    • Annual Fund
    • 100 for 100
    • Member Giving Circles
    • Life Member Class Gift
      • Life Member Class Gift
      • 2000 Life Member Class Gift
      • 1999 Life Member Class Gift
    • Sustaining Members
    • Ways to Give
    • Planned Giving
    • Law Firm Giving
    • Fundraising Disclosure Statement
    • Contact Us
  • News
    • News
    • Quarterly Newsletter
    • Podcast
    • Press Releases
    • Video Library
    • Annual Reports
    • ALI In the Courts
    • ALI CLE Programs
Donate
  1. Home
  2. News
  3. NLRB Looks to Employment Law Restatement
Home NLRB Looks to Employment Law Restatement
  1. News
In the Courts

NLRB Looks to Employment Law Restatement

August 25, 2016
Image Employment-Law-Published-v1.jpg

The National Labor Relations Board this week looked to the Restatement of the Law, Employment Law, in deciding whether students who perform services at a university in connection with their studies are considered employees under the National Labor Relations Act. 

In 2004, the Board held that graduate student assistants did not fall within the statutory meaning of employee. Brown University, 342 NLRB 483 (2004). In a 3-1 decision this week, the Board overruled Brown University, holding that “student assistants who perform work at the direction of their university for which they are compensated are statutory employees.” 

The majority rejected the Brown University conclusion that the Act was intended to cover only those employment relationships that are primarily economic in nature.  It also characterized as “unsupported” the Brown University rationale that collective bargaining between a university and its graduate students was inconsistent with the Act’s purpose and would intrude on the educational process. 

In citing the Restatement, the NLRB focused on the distinction between employees and volunteers:

See Restatement of Employment Law §1.02 (“An individual is a volunteer and not an employee if the individual renders uncoerced services to a principal without being offered a material inducement”). As the Restatement  explains, “[w]here an educational institution compensates student assistants for performing services that benefit the institution, . . . such compensation encourages the students to do the work for more than educational benefits and thereby establishes an employment as well as an educational relationship.” 

The Board also cited to Employment Law Restatement Associate Reporter Michael Harper’s 2009 article criticizing the reasoning in Brown University.

Finding no compelling reason to exclude student assistants from the Act’s provisions, the Board held that the student assistants in this case have a common law employment relationship with Columbia University and so were entitled to protection under the Act.

Read the August 23, 2016 decision.

 

More News

See All

State Court Adopts Restatement of the Law Third, Torts: Economic Harm § 19

U.S. Supreme Court Cites Foreign Relations 3d

U.S. Supreme Court Cites Restatements of Contracts and Torts

Address

4025 Chestnut Street,
Philadelphia, PA 19104

215-243-1600

Footer

  • Privacy Policy
    Terms of Use
Donate

© Copyright 2024. All Rights Reserved.