Although the National Labor Relations Board is structured as an independent arbiter of labor issues, the agency’s apparent campaign to unionize as much of the US economy as possible continues unabated. Specifically, the recent NLRB recognition of graduate students as employees at universities across the country continues, most recently at Penn State, American University, Brown, Michigan, Loyola University in Chicago, among others. While those grad students unionize, a group of workers at a McDonald’s franchise gave notice last week that they will appeal a federal judge’s rejection of their claim that the Golden Arches was a joint employer with the franchise owner. Last month, US District Court for Northern California Judge Richard Seeborg denied them class certification, so now they have asked the Ninth Circuit Court to overturn that decision. While all of this is going on, there has still been no action relative to the DOL “white collar” exception to the overtime rule. You will recall that a federal court in Texas enjoined the new rule just before it became effective last December. That decision was appealed to the 5th Circuit Court which granted the DOL an extension until May 1 to file their legal argument, ostensibly to give the Trump administration the time it needed to determine whether to defend the new rule or scrap it. We found this piece from Sesco Management Consultants quite helpful. May is just a few weeks away, so stay tuned!