Labor & Employment Education

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

Employment Law Alliance’s Higher Education Council Files Amicus Brief with NLRB in Graduate Workers of Columbia v. Trustees of...

A trio of law firms, representing more than a dozen firm members of the Higher Education Council of the Employment Law Alliance (ELA), have filed an amicus curiae brief with the U.S. National Labor Relations board in the...more

Transgender Accommodation Issues at the Forefront of Employment and Education

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a new Fact Sheet, announcing its formal position on bathroom access rights for transgender employees. The Fact Sheet provides employers with a...more

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees....more

California Teachers Seek Rehearing Before Full U.S. Supreme Court Regarding Constitutionality of “Agency Shop” Fees for Non-Union...

Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have...more

American Immigration Lawyers Association shares online resources to help understand new DHS final rule

On May 10, 2016, the American Immigration Lawyers Association (AILA) published the following announcement about online resources following the Department of Homeland Security’s new final rule affecting international students...more

Legislative Update

House Passes Budget: This week was budget week at the General Assembly with the House passing a $22.22 billion budget by week’s end. The budget drew more bipartisan support than any other budget since the Republicans...more

Transgender Employee Bathroom Use

Ah, the bathroom. A place of relief and solitude for many, but for the last six weeks, it has been the focus of controversy. North Carolina now requires that people only use restrooms designated for the gender that appears...more

The New FLSA Exemption Rules and Higher Education

As we previously reported, the Department of Labor has now issued its long-anticipated final overtime exemption rules for white collar workers. In addition, the DOL published more detailed guidance for higher education...more

ESL Teachers At Private Learning Center FLSA “Teachers” Exempt from Overtime

Earlier this week, in a matter of first impression within the Second Circuit, Judge P. Kevin Castel of the Southern District of New York held that employees who teach English as a second language (“ESL”) at a privately-owned...more

Orrick Provides Testimony at EEOC hearing on Promoting Diverse and Inclusive Workplaces in the Tech Sector

On May 18, 2016 the EEOC held a commission meeting to address the topic of promoting diverse and inclusive workplaces in the tech sector. Orrick’s Erin Connell was asked to testify at the meeting and provide examples of the...more

Where do the DOL’s New FLSA White-Collar Overtime Regulations Leave Non-Profits and Educational Institutions?

Over the course of this and next week, we will discuss the final overtime rule’s impact and address related workplace issues on which employers should focus in advance of its December 1st implementation date. Today we focus...more

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

Immigration Update: Rule Changes for International Student Workers

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience...more

News from Second and State

Once again, we only had one chamber in Harrisburg this week. While the House was in recess, the Senate was in for three days of voting session, holding committee meetings and shuffling bills around that may pop up again in...more

CAS Legal Mailbag Question of the Week – May 2016

Dear Legal Mailbag: One of my teachers, Mal Content, has always been curt and lacking in compassion for his students. However, Mal seems to be getting worse and worse. Originally published in the CAS Weekly...more

Ready or not, the new STEM OPT rule is in play!

As higher education institutions with international students should already be aware, the Department of Homeland Security (“DHS”) recently published a new regulation that provides eligible F-1 graduates from STEM programs in...more

Alert: ED to Issue First Set of Gainful Employment Rates in January

The US Department of Education just announced its intent to issue the first set of official Debt to Earnings Rates ("D/E Rates") under the Gainful Employment Rule ("GE Rule") in January 2017. That timing would be consistent...more

Major Modifications to Immigration Programs May Cause Major Headaches

Today, I’m delighted to bring you what I hope will be the first of several updates for employers from the immigration law perspective. One of my newest colleagues, Ashley Mendoza, along with my law partner Brenda Eckert,...more

$250,000 fine against school board may be largest-ever against not-for-profit organization in Ontario

A school board has been handed a $250,000 fine under the Ontario Occupational Health and Safety Act after the death of maintenance worker. The maintenance worker had been assigned the task of replacing a safety cage on a...more

EEOC Issues Fact Sheet on Transgender Employee Bathroom Access

As transgender bathroom access legislation continues to generate controversy across the U.S., the Equal Employment Opportunity Commission issued a new Fact Sheet unequivocally stating its position with regard to restroom use...more

New STEM OPT Extension Program Requirements

The new 24-month STEM (Science Technology, Engineering, and Math) Optional Practical Training (OPT) program will take effect on May 10, 2016. The substantially revised STEM OPT program expands total OPT time to 36 months for...more

The Obama administration weighs in on the transgender bathroom debate

This week the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) clarified that the Obama administration considers denying equal access to a bathroom corresponding to an individual's...more

Approaching the U.S. Department of Homeland Security’s New STEM OPT Extension Regulations with Caution

On Tuesday, May 10, 2016, the U.S. Department of Homeland Security (“DHS”) will implement major modifications to Optional Practical Training (“OPT”) extensions for students on F-1 visas enrolled in science, technology,...more

Get Ready to Rumble—DOJ Alerts North Carolina Governor that New Bathroom Law Violates Federal Statutes

The head of the federal Justice Department’s Civil Rights Division wrote to North Carolina Governor Pat McCrory that HB2 (see our previous blog posts about HB2 here and here), a law banning public agencies from allowing...more

Is the DOL Lowering the Salary Threshold in its Overtime Regulations?

As the Office of Management and Budget continues to consider the DOL’s proposed regulations – to drastically increase the minimum salary that employees must be paid in order to be exempt from payment of overtime – industry...more

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