Educational Institutions

News & Analysis as of

Student Assistants Win Right to Unionize at Private Colleges and Universities

Reversing longstanding precedent, the National Labor Relations Board has ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations]...more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

NLRB Rules that Student Assistants Can Unionize; Debate May Now Shift to Whether They Should

In a sweeping decision issued on August 23, 2016, the National Labor Relations Board reversed its 2004 holding in Brown University that graduate students are not employees under the National Labor Relations Act. The Board...more

NLRB Holds Student Assistants Who Have a Common-Law Employment Relationship With a Private University Are "Employees" Under The...

In an August 23, 2016, decision, Trustees of Columbia University, 364 NLRB No. 90 (2016), the National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law...more

NLRB Decides Private University Teaching and Research Assistants Can Unionize

Continuing a recent trend of upending long-standing decisions, the National Labor Relations Board ruled yesterday that student teaching and research assistants at private colleges and universities are statutory employees who...more

NLRB: Student Assistants Now Employees Entitled to Unionize

The National Labor Relations Board has ruled in a 3-1 decision that graduate students at private, nonprofit higher education institutions "who perform services at a university in connection with their studies are statutory...more

The Goal of Gender Equality in Cybersecurity

I have the privilege of teaching the Privacy Law class at Roger Williams University School of Law (RWU). It is a required course for the school’s Joint Masters in Cybersecurity/Juris Doctor program, which is, to my knowledge,...more

NLRB Reverses Over a Decade of Precedent: Student Employees Entitled to NLRA Protection

Reversing more than a decade of precedent, the activist National Labor Relations Board (NLRB) ruled on August 23, 2016 in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW...more

NLRB Rules that Graduate (and Undergraduate!) Students are Employees and May Unionize

The National Labor Relations Board (Board), in Columbia University , has issued a 3-1 decision holding that graduate, and undergraduate, student assistants are common law employees within the meaning of the National Labor...more

NLRB: Student Teaching Assistants Can Be Employees Under the NLRA

In a 2-to-1 decision, the National Labor Relations Board (NLRB or “the Board”) overturned longstanding precedent to hold that student teaching assistants can be classified as employees under the National Labor Relations Act...more

California Ballot 2016: Pros and Cons of Props 51-56

Californians must decide on 17 initiatives in the November election this year, and those are just the proposed measures of state-wide concern. Never mind the many local initiatives affecting counties and neighborhoods. The...more

NLRB Gives Students Right to Unionize

Undergraduate and graduate teaching assistants now have the right to organize and engage in collective bargaining, following the National Labor Relations Board’s (NLRB) Columbia University ruling on August 23, 2016. For most...more

NLRB Paves Way For Student Unionization

Seyfarth Synopsis: The NLRB ruled that students who work as teaching assistants at colleges and universities are “employees” under the NLRA and are thus permitted to engage in collective bargaining. On August 23, 2016,...more

NLRB Rules That Graduate Students Are Employees

Yesterday, the National Labor Relations Board (“the Board”) issued its long awaited decision in Columbia University. Not surprisingly, the Board, in a 3-1 decision, overturned 12 years of precedent by ruling that “student...more

NLRB Allows Private University Students to Unionize

The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches...more

The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more

Universities: Growing Concern With Explosion of Retirement Plan Fee-Related Lawsuits

In a concerning development for universities and other institutions of higher learning nationwide, a growing number of schools, including Massachusetts Institute of Technology, New York University, Yale University, Johns...more

United States District Court Enjoins Enforcement of Dear Colleague Letter on Transgender Students; Decision May Impact OCR...

On August 21, 2016, in a case entitled State of Texas et al. v. United States of America et al ., Judge Reed O’Connor of the United States District Court for the Northern District of Texas issued a nationwide preliminary...more

Heal Thyself: Insider Threats to Heed, Especially for Industries with Large Amounts of Personal Information

A recent study by the Ponemon Institute found that insider threats due to malicious or negligent employees are the leading cause of private-sector cybersecurity incidents. Of the over 600 information security professionals...more

Federal Judge Blocks Obama Administration’s Transgender Bathroom Policy

A federal judge in Texas has dealt a serious blow to the Obama administration’s transgender school bathroom directive, barring the federal order which required schools to allow transgender students to use bathrooms, locker...more

Multiple Universities Sued Over 403(b) Retirement Plan Investment Fees

In the last several days, a number of large private universities have been sued regarding the investment fees in their 403(b) retirement plans. The lawsuits claim that these universities breached their fiduciary duties under...more

Public Bodies Not Required to Create New Records to Respond to FOIA Request

The Second District Appellate Court recently addressed the question of when an electronic record is a public record subject to FOIA and when a public agency is required to release information from an electronic database. In...more

Religious Institutions Update: August 2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

DOE Releases $7 Million FOA For Co-Optimization Of Fuels And Engines Initiative

On August 1, 2016, DOE released a Funding Opportunity Announcement (FOA) for $7 million to research fuel and engine co-optimization technologies. Funding will be provided through the Co-Optimization of Fuels and Engines...more

FCC Allows for Greater Use of Robo-Calls By School Districts

The Federal Communication Commission (FCC) has issued a ruling that clarifies the application of the Telecommunications Consumer Protection Act (TCPA) to schools to allow automated calls and texts to parents in the case of...more

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