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Cussing Cheerleader Wins SCOTUS Free Speech Case, Creating Headaches for Public Schools Dealing with Off-Campus and Social Media...

By an 8-to-1 vote, the U.S. Supreme Court affirmed today that public schools might have an interest in regulating student speech, but the leeway the First Amendment grants to schools is diminished in the off-campus context....more

Student-Athletes Win This Tournament Round: The Supreme Court Issues a Unanimous Decision Against the NCAA on Benefits Issue

By a 9-0 vote, the U.S. Supreme Court yesterday ruled in favor of student-athletes on the NCAA rules restricting education-related benefits given to athletes. However, while the ruling in yesterday​​​​​​​’s NCAA v. Alston...more

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

Will Big Labor’s Big Wishlist Return For 2021? The Implications Of A Resurrected PRO Act On Businesses Large And Small

When the House of Representatives passed the PRO Act last year with the aim of overhauling federal labor law for the benefit of organized labor, we predicted the legislation would stall in the face of the Republican Senate...more

Back-To-School FAQs For Educational Institutions During The COVID-19 Era

As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location,...more

What Employers Need To Know About Michigan’s Stay-At-Home Order

Pursuant to Executive Order 2020-21, Governor Gretchen Whitmer effectively shuttered the State of Michigan from March 24, 2020 until at least April 13, 2020. The Order, titled Temporary requirement to suspend activities that...more

The New Norm: Responding To White Supremacy In Our Schools

It’s here. It’s happening. Each day, another piece of what our society recognizes as white supremacist ideology finds its way into mainstream social media and news platforms. We read about it, wrestle with our stand on “free...more

What School Districts Need To Know About Crowdfunding

Crowdfunding, in the most basic sense, is the practice of raising money from a large number of people through any number of internet-based platforms. It has become an increasingly popular way for individuals, businesses,...more

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

ICE At The Schoolhouse Gate

Over the past year, issues regarding immigration have consumed a great part of our nation’s attention. The U.S. Immigration and Customs Enforcement Agency (ICE), created in 2003, serves as the primary investigative agency of...more

Get Ready! Michigan’s Paid Medical Leave Act Will Be Here Before You Know It

In one of his last acts in office, former Governor Rick Snyder signed Michigan’s Paid Medical Leave Act into law, which will for the first time require employers in the state to provide paid sick leave to their workforces....more

Another Landmark Ruling: Court Says Transgender Discrimination Violates Federal Anti-Bias Law - Three Things You Need To Know...

In what appears to be the first time a federal appeals court has extended the nation’s main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals...more

Understanding And Surviving The Modern Campus Protest Movement

Each day we witness various factions in our society establishing a stronger platform from which to launch their voices. It seems what used to be taboo or met with disapproval has now become acceptable speech deserving of a...more

Transforming Education – The DeVos Factor

Now that debates have faded over the definition of student performance and whether guns in schools are necessary to protect against grizzly bears, everyone is settling into the reality that Betsy DeVos now leads our nation’s...more

Watch for the Fox in Your Henhouse: Gig Companies at Risk

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to...more

The Future Is Now: Robots And Artificial Intelligence In The Workplace

While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more

SCOTUS Service Dog Decision Could Spell Bad News For Schools

In a unanimous decision, the U.S. Supreme Court today ruled that a disabled child’s parents were not legally required to jump through certain additional hoops and exhaust administrative remedies in a service animal dispute...more

The Dangers Of The Darknet - And Why Constant Monitoring Of Workplace Computer Activity Is A Modern Necessity

Nearly every piece of data and information generated by businesses these days is corralled into various electronic storage sites, such as company network servers, software-as-a-service (SaaS) business applications, and...more

National Anthem Protests: How Should Educational Institutions Respond?

Picture this scenario at your school: parents, students, and fans fill the stands on the night of the big game. The marching band takes the field, but as it begins to play the national anthem, the football team’s star player...more

National Anthem Protests: How Should Schools, Colleges, And Universities Respond?

It’s the night of the big game. Parents, students, and fans fill the stands. The marching band takes the field, but as the band begins to play the national anthem, the football team’s star player drops to one knee – similar...more

Safeguard Your Federal Funding – Transgender Students And Title IX Compliance

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that reaffirmed its 2015 opinion letter on how Title IX’s regulations apply...more

Employers Shielded as Ohio Legalizes Medical Marijuana

It’s official – Ohio is the 26th state to legalize medical marijuana. Governor Kasich has signed House Bill 523, which becomes effective September 6, 2016. At that time, Ohioans can expect that residents with a qualifying...more

Employers Must Squarely Address The Mass Shooting Phenomenon

On April 20, 1999, a seed was planted in every workplace in this nation, one which has remained rather dormant for most of us until recently. That day, 13 people left their homes and entered Columbine High School – the...more

Federal Government Guidance On Transgender Students Breaks Barriers

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that summarizes emerging practices for supporting transgender students. While...more

Public Sector Unions Get Reprieve By Deadlocked Supreme Court

In a deadlocked 4-4 decision, the U.S. Supreme Court could not reach a majority consensus in determining whether it is unconstitutional for states to force public sector employees to pay agency shop fees to their unions. For...more

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