The U.S. Court of Appeals for the Fourth Circuit recently ruled that a group of janitorial workers were “employees” under the National Labor Relations Act (NLRA or Act) and could therefore unionize despite their participation in a government-sponsored program designed to assist individuals with disabilities facing barriers to employment. In so ruling, the appeals court agreed with the National Labor Relations Board (NLRB or Board) that the janitors were employees under the NLRA, despite the employer’s contention that their relationship was “primarily rehabilitative” and thus NLRA-exempt.
Members of the Center for Workplace Compliance (CWC) can read more here.