The National Labor Relations Board (NLRB) will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register on September 23, 2019. The proposed rule would settle the recurring question regarding the definition of “employee” under Section 2(3) of the National Labor Relations Act (NLRA) to exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services for financial compensation at private colleges or universities in connection with their studies. The relationship for these students would be defined as predominantly educational rather than economic.
In announcing the proposed rule, NLRB Chairman John F. Ring stated, “In the past 19 years, the Board has changed its stance on this issue three times. This rulemaking is intended to obtain maximum input on this issue from the public, and then to bring stability to this important area of federal labor law.”
Public comments are invited on the proposed rule and should be submitted within 60 days of the Notice’s publication. More details may be found at www.regulations.gov, and additional information about the proposed rule may be found here.
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