Education Labor & Employment

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.
News & Analysis as of

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

Seventh Circuit Upholds Dismissal of Student-Athletes’ Claim for Compensation

The Seventh Circuit upheld the dismissal of claims brought by two former University of Pennsylvania student-athletes against the NCAA and more than 120 NCAA Division I universities and colleges, alleging that student athletes...more

Seventh Circuit Says Student Athletes Are Not Employees

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more

Student Athletes Are Not Employees, Seventh Circuit Rules

Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more

Whistleblowers on Campus: DOJ Adds Research Universities to its False Claims Act Focus

Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are...more

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

Court Rules Students Training in Clinics are Not Employees Under the FLSA

In a decision relevant for any school that provides services to the public as a means to provide training for its students, the United States District Court for the District of Colorado recently ruled that such students are...more

See You In Court! - December 2016

The last game for the Nutmeg Knights couldn’t come fast enough for veteran Nutmeg Board of Education member Bob Bombast. A defensive tackle on the legendary 1984 team, Bob bleeds Nutmeg persimmon and gold and attends every...more

What will U.S. Business Immigration Look Like Under A Trump Administration?

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

CAS Legal Mailbag Question of the Week – November, 2016

Dear Legal Mailbag: Last week, we had three teachers “take the knee” during the playing of the National Anthem at a whole-school pep rally. Fortunately, only a few of the students noticed their actions. Originally...more

Under the Dome: Inside the Maine State House

Under the Dome 2016 Maine Election Edition - It’s been a very busy and active campaign season in Maine, with candidates for federal offices and all Maine legislative seats, plus six ballot questions. We thought it timely...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

Rising Wages – The Expansion of Philadelphia’s Prevailing Wage Ordinance

On Thursday, October 27th Philadelphia Mayor Jim Kenney signed into law legislation that expands the scope of the city’s prevailing wage ordinance to encompass service employees at universities, hospitals and other businesses...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

NLRB Takeaway: Comply, Even if You Think You Don’t Have To

The General Counsel of the National Labor Relations Board issued a recent Advice Memorandum in Northwestern University, NLRB Case 13-CA-157467, with a strange, but practical, takeaway for employers: even if you don’t think...more

Student Health Insurance Subsidies Catch Another Break

On October 21, 2016, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the Departments) issued a FAQ providing indefinite relief for employers who subsidize student health...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

"Employment Flash - October 2016"

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Higher Education Tax and Benefits Memo: Recent IRS Audit is a Reminder to Check Whether Your Employment Agreements and Appointment...

The Internal Revenue Service ("IRS") recently notified a major university that it is being audited, and as part of that audit requested copies of the employment agreements of the president of the university, the provost of...more

Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel...

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees...more

Eleventh Circuit Says No to Applicant Disparate Impact Age Discrimination Claims

How would your company react if legal counsel advised you that the mere act of recruiting on college campuses exposes the business to class action employment discrimination claims? Fortunately, this scenario will not happen...more

Student Health Insurance Plans and the ACA: Agencies Provide Enforcement Relief that Allows Colleges and Universities to Continue...

Late last week, the Departments of Labor (“DOL”), Health and Human Services (“HHS”) and the Treasury (collectively, the “Agencies”) issued a very welcome FAQ that will allow higher education institutions to continue...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

1,047 Results
|
View per page
Page: of 42

Follow Education Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×