Daniel V. Johns

Daniel V. Johns

Ballard Spahr LLP

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ERISA Class Actions Filed Against Higher Education Institutions

Several ERISA breach of fiduciary duty class actions involving allegedly excessive retirement plan fees were filed this week against higher education institutions including colleges, universities, and medical schools. The...more

8/12/2016 - 403(b) Plans Breach of Duty Class Action Colleges Educational Institutions Employee Benefits ERISA Fees Fiduciary Duty Investment Management Medical School Retirement Plan Universities

DOL, Pa. DLI Partnership Aims to Curb Employee Misclassification

As part of its ongoing employee misclassification initiative, the U.S. Department of Labor (DOL) has announced a partnership with the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance (BLLC), to...more

8/10/2016 - Corporate Counsel DOL Employee Definition Employees Employer Liability Issues Independent Contractors Memorandum of Understanding Misclassification Wage and Hour

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more

6/20/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Department of Education Federal Arbitration Act Higher Education Act Student Loans Title IV

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

6/6/2016 - Corporate Counsel Health Care Providers Hiring & Firing Long Term Care Facilities NLRA NLRB Strike Temporary Employees Unions

The FLSA’s New Overtime Rule Is Here - Higher Ed Applications

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016,—will...more

5/19/2016 - Colleges DOL Educational Institutions Final Rules FLSA Minimum Salary Over-Time Universities Wage and Hour White-Collar Exemptions

The FLSA’s New Overtime Rule Is Here

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016—will...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

EEOC Clarifies Employer-Provided Leave as ADA Accommodation

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with...more

5/12/2016 - ADA Adverse Employment Action Disability Disability Discrimination EEOC Employer Liability Issues Reasonable Accommodation

Mayor Nutter Signs Bill Strengthening “Ban the Box” Law

Philadelphia Mayor Michael Nutter yesterday signed a bill amending the Fair Criminal Screening Standards Ordinance. The original law, which went into effect on January 13, 2012, made it unlawful for organizations with 10 or...more

12/18/2015 - Ban the Box Criminal Background Checks Employment Discrimination FCRA Hiring & Firing

NLRB to Review Graduate Assistants’ Petition for Representation

The National Labor Relations Board (Board) has voted 3-1 to reconsider whether graduate assistants at private, nonprofit higher education institutions are entitled to collective bargaining rights under the National Labor...more

10/28/2015 - Collective Bargaining Colleges Educational Institutions NLRA NLRB Northwestern University Specialty Healthcare Student Employees union Universities

Electronic Signatures OK for Organizing Efforts, NLRB Says

In a memorandum issued this week, the general counsel of the National Labor Relations Board (NLRB) announced that it will accept electronic signatures to support a showing of interest related to a union organizing campaign...more

9/4/2015 - E-Signatures NLRB Union Elections Unions

NLRB Adopts New Joint Employer Standard

The National Labor Relations Board (NLRB) handed organized labor a major victory that in certain contexts will likely give unions significantly increased leverage at the bargaining table in a landmark ruling issued on...more

8/31/2015 - Browning-Ferris Industries of California Inc. Bureau of Labor Statistics Collective Bargaining Franchisee Franchisors Hiring & Firing Joint Employers NLRA NLRB Staffing Agencies Unions Wage and Hour

Northwestern University Football Players Can’t Form Union, NLRB Says and Refuses to Determine if They Are “Employees”

Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably...more

8/18/2015 - Employees Football NCAA NLRA NLRB Northwestern University Student Athletes Unions

IRS Issues Second Guidance on Cadillac Tax

The Internal Revenue Service has issued a new notice addressing issues relating to future rules governing the calculation and payment of the so-called “Cadillac tax” under the Affordable Care Act. Beginning in 2018, the ACA...more

8/4/2015 - Affordable Care Act Cadillac Tax Employee Benefits Employer Group Health Plans Health Savings Accounts Healthcare Healthcare Reform IRS

Connecticut Enacts New Licensing Requirement and Prohibitions for Student Loan Servicers

Connecticut’s new “An Act Concerning A Student Loan Bill of Rights” creates a licensing requirement for servicers of student loans made to state residents and imposes other significant new requirements and prohibitions on...more

7/15/2015 - Banks Licensing Rules Loan Servicing Ombudsman Student Loans

U.S. Department of Education Proposes New Restrictions on Campus Financial Products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

5/21/2015 - Colleges Consumer Lenders Department of Education Financial Aid Higher Education Act Proposed Amendments Students Universities

Bankruptcy Trustees Target Colleges and Universities

Over the past few years, higher education institutions have seen an increase in litigation from an unexpected source: bankruptcy trustees. Trustees appointed in personal bankruptcy cases are seeking to claw back tuition...more

5/15/2015 - Clawbacks Colleges Consumer Bankruptcy Educational Institutions Tuition Universities

U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The...more

4/21/2015 - Administrative Fines Colleges Department of Education Disclosure Requirements Misrepresentation Title IV

FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations

In a recent announcement, the Federal Communications Commission (FCC) asked for public comments on a petition to relax some of the Telephone Consumer Protection Act's (TCPA’s) requirements for educational organizations. If...more

3/30/2015 - Educational Institutions Exemptions FCC Prior Express Consent Robocalling TCPA

Recent NLRB Grad Student Union Decisions Suggest Interest in Reviewing Brown University

The National Labor Relations Board (NLRB) recently released two unpublished decisions that boosted unionization efforts by teaching and research assistants at private universities. The decisions, issued on March 13, 2015,...more

3/18/2015 - Brown University NLRB Students Unions Universities

Second NLRB Decision Issued in Ongoing Higher Education Union Organization Efforts

A regional director of the National Labor Relations Board (NLRB) recently ordered the counting of ballots that were cast in a union election by contingent faculty members at Seattle University. The votes had been impounded...more

3/5/2015 - Colleges Faculty NLRB Union Elections Unions Universities

IRS Issues Preliminary Guidance on Cadillac Tax

Monday, the Internal Revenue Service issued preliminary but much-anticipated guidance on the so-called Cadillac tax imposed by the Affordable Care Act (ACA). The new notice offers very few concrete answers to employer...more

2/26/2015 - Affordable Care Act Cadillac Tax IRS New Guidance

NLRB Issues Significant Decision on Faculty Unionization

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

1/6/2015 - Colleges Faculty Jurisdiction NLRA NLRB NLRB v Yeshiva Pacific Lutheran University Religious Institutions Religious Schools Union Elections Unions Universities

NLRB Issues Final Rule on Representation-Case Procedures

Friday, the National Labor Relations Board (NLRB) issued a final representation-case procedures rule. This rule follows yesterday’s decision in Purple Communications Inc., where the NLRB held that employees may use their...more

12/15/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Student Employees under the Affordable Care Act's Employer Mandate

Effective January 1, 2015, colleges and universities will need to comply with the employer mandate under the Affordable Care Act, which will have particular implications involving certain student employees. The employer...more

11/5/2014 - Affordable Care Act Employee Rights Employer Mandates Student Employees Students

FLSA Wage and Hour Lawsuit Filed against NCAA

A putative collective action on behalf of college athletes, Sackos v. National Collegiate Athletic Association, was recently filed in the U.S. District Court for the Southern District of Indiana against the National...more

10/28/2014 - Athletes College Athletes Employee Definition FLSA Minimum Wage NCAA Putative Class Actions Wage and Hour

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