John Richard Carrigan

John Richard Carrigan

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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NLRB Holds That Grad and Undergrad Teaching Assistants at Columbia University Are “Employees”

In a 3-1 decision, the National Labor Relations Board (NLRB) held that “student assistants who perform work at the direction of their university for which they are compensated are statutory employees.” In The Trustees of...more

8/24/2016 - Collective Bargaining NLRA NLRB Student Employees Universities

NCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA

An Indiana federal court has dismissed Berger v. NCAA et al, a suit brought under the Fair Labor Standards Act by former student-athletes from the University of Pennsylvania (Penn). More commonly known as Sackos, the case was...more

2/22/2016 - College Athletes Dismissal With Prejudice DOL FLSA Minimum Wage NCAA Wage and Hour

NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB). Since overruling...more

1/14/2016 - Collective Bargaining Graduate Students NLRA NLRB UAW Unions

Still No NCAA Pay for Play–9th Circuit Denies O’Bannon v. NCAA Rehearing En Banc

On December 16, 2015, the Ninth Circuit Court of Appeals decided that it would not rehear its earlier decision in a high-profile case on payments that can be made to student-athletes. Nearly three months earlier, a panel of...more

12/17/2015 - En Banc Review Name and Likeness NCAA O'Bannon v NCAA Petition For Rehearing Rule-of-Reason Analysis Student Athletes

NCAA Play for Pay? Ninth Circuit Rules Antitrust Rule of Reason Does Not Require Payments for ‘Name, Image, or Likeness’

On September 30, 2015, the Ninth Circuit Court of Appeals upheld a lower court’s ruling that the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws. The Ninth Circuit panel...more

10/1/2015 - Antitrust Provisions Appeals College Athletes Colleges Deferred Compensation Name and Likeness NCAA O'Bannon v NCAA Scholarships Sherman Act Tuition Universities

The NLRB Goes Back to Church (Schools), Gets Entangled

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

9/2/2015 - Collective Bargaining Colleges Discrimination Faculty First Amendment Hiring & Firing Jurisdiction NLRB Pacific Lutheran University Religious Institutions Religious Schools SEIU Universities

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

8/13/2015 - Antitrust Provisions Appeals Athletes Brand College Athletes Injunctions Motion To Stay NCAA O'Bannon v NCAA Scholarships

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more

6/30/2015 - Jurisdiction NLRB Religious Institutions Unions Universities

Will the Star Quarterback Be Sacked by the Taxman?

On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more

5/7/2014 - Athletes College Athletes Employee Definition Federal Grants Fringe Benefits IRS NCAA NLRB Northwestern University Scholarships Taxation Unemployment Benefits

Are We There Yet?: Do Northwestern Players Have a Union or not?

When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the...more

4/24/2014 - College Athletes NLRB Unions

NLRB Regional Director Rules College Football Players Can Unionize

On March 26, 2014, a regional director for the National Labor Relations Board (NLRB) issued a decision and direction of election in a union representation petition filed by the College Athletes Players Association (CAPA)...more

3/28/2014 - College Athletes NLRB Unions

Alabama’s New “Guns In The Parking Lot” Law Takes Effect On August 1, 2013

On August 1, 2013, Alabama laws regarding firearms will change to permit employees to bring guns to the parking lots of their workplaces, if certain conditions are met....more

7/2/2013 - Adverse Employment Action Concealed Carry Permit Firearms Gun Laws Guns-in-Trunks Legislation New Legislation

Reactions to Fisher: Grutter Survives, for now—But What About Title VI?

As we and just about everyone else have noted, Justice Kennedy, writing for a 7-to-1 majority of the Supreme Court of the United States, sent the hot potato Fisher case back to the Fifth Circuit Court of Appeals to “assess...more

7/1/2013 - Affirmative Action College Admissions Fisher v University of Texas SCOTUS Strict Scrutiny Standard Title VII Universities

Supreme Court Approves Affirmative Action In College Admissions, But Remands For Additional Analysis Of Admissions Process

Justice Kennedy, in an opinion joined by Chief Justice Roberts and Justices Alito, Scalia, Thomas, Breyer, and Sotomayor, wrote that public universities’ race-conscious admissions policies are constitutionally permissible and...more

6/29/2013 - Affirmative Action College Admissions Compelling Governmental Interest Diversity Equal Protection Fisher v University of Texas Race Discrimination SCOTUS Strict Scrutiny Standard Title VII

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