Education Labor & Employment Civil Procedure

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Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Supreme Courts Dismissal of Transgender Discrimination Case Could Affect Employment Discrimination Claims

Earlier this month, the Trump administration withdrew the Department of Justice’s prior position that Title IX of the Civil Rights Act prohibits schools and other covered institutions from discriminating on the basis of...more

Medical Residents Can Sue Under Title IX, Third Circuit Holds

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...more

How Does the Supreme Court’s Remand of the Transgender Discrimination Case Impact Wage-and-Hour Class Actions?

On March 6, 2017, the Supreme Court, in a one-sentence summary disposition, remanded the case of Gloucester County Sch. Bd. v. G.G. to the U.S. Court of Appeals for the Fourth Circuit “for further consideration in light of...more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

Professor Terminated For Relationship With Admitted Student Allowed to Move Forward With Title IX Retaliation Claim

A former non-tenured professor at the University of North Texas has filed suit claiming that he was fired in retaliation for his participation, as the accused, in a campus investigation of a graduate student’s sexual...more

Public Sector Employees in Three States Sue to Nix Fair Share Fees

Four Pennsylvania school teachers, two Santa Clara Valley Medical Center pharmacists, and three New York school workers have filed separate suits challenging the constitutionality of state requirements permitting the unions...more

Class Action Roundup: Fall 2016

In this edition of Class Action Roundup, we feature decisions from the third quarter of 2016, covering everything from pizza delivery and Uber drivers to payday lenders, canned tuna manufacturers, and even...more

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

Overtime Rule Stalled: What Schools Should Do Now

This holiday season, many employers were thankful for the preliminary injunction that blocked the Fair Labor Standards Act (FLSA) exemption changes from going into effect on December 1 as scheduled. Those changes would have...more

Another Setback for Student Athletes … or Is It?

On December 5, 2016, Berger v. National Collegiate Athletic Association brought a major setback for those advocating that “student athletes” deserve to be compensated for their contributions to the multi-billion-dollar...more

Fight On? Student-Athletes Press for Employee Status Despite Seventh Circuit Rejection

Bong … Bong … Bong … that is the death knell you thought you heard following the decision from the Seventh Circuit Court of Appeals (covering Indiana, Illinois, and Wisconsin) in Berger v. NCAA earlier this month. After that...more

Penn Students Seek Rehearing, DOL Files Brief in OT Rules Appeal

Just a quick update on a couple of our recent stories for you wage and hour litigation junkies: Back on December 5, a three-judge panel of the 7th Circuit Court of Appeals affirmed dismissal of a case in which two former...more

Seventh Circuit Rejects Student Athletes’ “Pay for Play” Suit

On December 5, 2016, the Seventh Circuit Court of Appeals issued its decision in Berger v. National Collegiate Athletic Association. The case was brought by former University of Pennsylvania (Penn) student athletes, Gillian...more

Seventh Circuit Confirms Student-Athletes Not Entitled to Minimum Wage under FLSA

The U.S. Court of Appeals for the Seventh Circuit has affirmed U.S. District Judge William T. Lawrence’s dismissal of the student-athlete litigation against the NCAA and over 120 NCAA Division I member schools alleging that...more

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

No Pay for Student Athletes’ Play, Seventh Circuit Affirms

Adding to the growing body of case law dealing with the employment status of college students vis-à-vis institutions of higher learning where they are enrolled, the U.S. Court of Appeals for the Seventh Circuit recently ruled...more

Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination...more

Pennsylvania Charter Schools Are Subject to Jurisdiction of National Labor Relations Board

In a recent decision, the National Labor Relations Board confronted the issue of whether it has jurisdiction over The Pennsylvania Virtual Charter School (PVCS) – a school formed pursuant Pennsylvania’s Charter School Law. In...more

Beauty School (Arbitration) Dropout: Ninth Circuit Bars Belated Attempt to Arbitrate

Defendants who try their hands at litigation on the merits and seek arbitration only after things don’t go their way, risk losing the right to arbitrate—as the Ninth Circuit Court of Appeals made clear in the recent case of...more

Revitalization Act Held to Grant Whistleblower Implied Private Right of Action

On October 24, 2016 the New York Supreme Court, Kings County entered a decision allowing a former employee to proceed with a lawsuit against a not-for-profit, private college preparatory school and its headmaster alleging...more

Restroom Access and Transgender Issues in the Workplace Go Supreme

I still remain amazed at the sold-out crowd we had at last week’s Labor & Employment Law seminar. Well over 250 people registered for the program and I kind of wanted to whisper to people: “You know this is just a LEGAL...more

U.S. Supreme Court Agrees to Hear Transgender Bathroom Case

Questions regarding bathroom access for transgender individuals have been among the most prevalent in American society in the last year. We have written about this topic on several occasions recently due to activity in...more

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