Amazon, the major online retailer, has sued the New York Public Employment Relations Board (PERB) to stop the enforcement of a recently passed law that it claims is unconstitutional. The new law would give the PERB the authority to bring enforcement actions against companies like Amazon for engaging in unfair labor practices. However, Amazon is trying to block the law from coming into effect, saying that it is preempted by existing federal law.
Tag: NLRA
Appeals Court Ruling Finds NLRB to Be Unconstitutional
Under a recent ruling by the Fifth Circuit Court of Appeals, the National Labor Relations Board (NLRB), one of the primary agencies that oversees violations of federal labor law, was determined to be potentially unconstitutional. The ruling states that the NLRB, as currently constituted, does not comply with the US Constitution because it is structured in a way that prevents the President from freely firing its members. As such, the legitimacy of the agency and its various administrative rulings have now been brought into question.
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Third Circuit Rules Against NCAA in College Athletes Case
In a recent ruling by the Third Circuit Court of Appeals, they refused to accept an attempt by the National Collegiate Athletics Association (NCAA) to prevent college athletes from being considered employees protected under the Fair Labor Standards Act (FLSA). While this ruling does not say that college athletes are considered employees, it also failed to say they certainly were not. This is important as it leaves open the door for college athletes to potentially gain employment protections in the future.
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