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Game On! Recent Legal Developments and Tax Issues for Collegiate Athletics

This is a period of unprecedented change for collegiate athletics, with potentially surprising tax consequences to the parties involved. Within the past six months, a federal district court held that the antitrust laws...more

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2014

Fiscal year 2015 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2014. However, as October 1, 2014 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Supreme Court Grants Injunction to Religious University Barring Strict Enforcement of Accommodation Scheme for ACA Contraception...

The United States Supreme Court granted Wheaton College, a religious non-profit college in Illinois, an injunction permitting the college to opt into the ACA contraception mandate’s accommodation scheme available to certain...more

Ten Things to Know About the 2014 North Carolina Legislative Session

The North Carolina General Assembly has completed its 2014 session. During this “short session,” Legislators focused primarily on adjusting the second year of the State budget enacted last year, but also considered a number...more

Sexual Harassment Training Can Help Mitigate The Risk Of Sexual Assaults On College Campuses

Let me begin this post by saying, War Eagle! (It is football season…). Football and silliness aside, I am an Auburn fan because I attended Auburn University. I graduated last year and sometimes I wish I could have done five...more

Winston & Strawn's Kessler Sees Change and Opportunity in College Athletics  [Video]

August 27, 2014 (Mimesis Law) -- Jeff Kessler, partner at Winston & Strawn, talks with Lee Pacchia and Steve Olenick about how he fashioned a career in the emerging field of sports law. Over the course of his thirty plus...more

Can colleges reward students and alumni for referring new students?

One of the more common questions we receive in our higher education practice concerns whether an institution may offer a student or alumni referral program without running afoul of federal law. Or, more specifically, whether...more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

Research Doesn’t Pay—At Least Not in Graduate Medical Education

Indirect graduate medical costs, or IGME, are what Medicare allows teaching hospitals in increased Medicare rates. IGME represents the indirect costs to a teaching hospital of hosting residents and interns—costs above and...more

Update: District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee. The Ontario Occupational Health and Safety Act...more

Back to School! Employers: Are You Ready for School-Related Leave for Parents?

The lazy days of summer are behind us this month as many children head back to school. Employers of parents with school-aged children should review California’s laws, which provide certain rights to employees to take time off...more

Summary of 2014 Connecticut Legislative Enactments Affecting The Public Schools and Public-Sector Employers

In This Issue: - Interpreters Standards For Students With Hearing Impairments - Preschool And DCF - Health Assessment Forms for Use by Youth Camps and Day Care Providers - English Language Learner...more

High School Football Players (and others) Tweet with Caution

I recently read an article about how college football recruiters are using twitter to screen out potential players for their teams. It’s becoming a somewhat common practice for recruiters to monitor the twitter accounts of...more

Academic Medical Centers: Clinical Care, Research and Teaching (or Maybe Not?)—Graduate Medical Education and the Future

In the world of healthcare policy and law, we usually discuss issues impacting providers, but don’t often report about the training and infrastructure behind what allows our healthcare system to treat patients in our...more

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

School Districts: New Law Expands Child Abuse Reporting Obligations to School Coaches (8/14)

On August 6, 2014, Governor Andrew Cuomo signed a bill into law that will require school athletic coaches to report suspected child abuse to the authorities. Under state law, school personnel, including but not limited to,...more

English Teacher’s Blog Post Ruled As Unprotected Speech

A Pennsylvania District Court dismissed teacher Natalie Munroe’s violation of free speech claim against the Central Bucks School District. Ms. Munroe accused the School District and some administrators for violating her free...more

Personnel Deadlines For the 2014-2015 School Year

Reassignment of surplus personnel: When actual student enrollment in a grade level or program, unforeseen before March 1, 2014, permits the assignment of fewer teachers or service personnel to or within a school, the county...more

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the...more

Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual...

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time...more

EEOC Sues City Colleges for Age Discrimination

Federal Agency Says College Refused To Hire Adjunct Professor for Full-time Position Because of Her Age - CHICAGO-- Harold Washington College, part of the City Colleges of Chicago system, violated federal law when it...more

Department of Labor Brief Provides More Guidance on Interns

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more

Northwestern University Football Players Are Not Employees

Recently, the National Labor Relations Board ruled that grant-in-aid scholarship football players at Northwestern University are “employees” under the National Labor Relations Act. This has raised the question whether such...more

Womble Legislative Update

Three and a half weeks into the new state fiscal year we have no newly adjusted budget, and the passage of important bills has slowed to a trickle, but there's a distinct uptick in hostage-taking of bills....more

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