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Venable LLP

Title IX's Final Rule Enforceability Still in Flux

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Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Disagreements on Display

This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Disentangles Itself From Religious Education Institutions

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

Jackson Lewis P.C.

Reversing Course, NLRB Determines Not To Exercise Jurisdiction Over Religious Institutions

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Overruling a controversial 2014 National Labor Relations Board (NLRB) decision, the NLRB has adopted a new test for determining whether it will exercise jurisdiction over religious institutions. Bethany College, 369 NLRB No....more

Fisher Phillips

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

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In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

Holland & Knight LLP

In Reversal, NLRB Decides It Lacks Jurisdiction Over Religious College

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Overruling a prior decision, the National Labor Relations Board (NLRB) has determined that it cannot exercise jurisdiction over the faculty of Bethany College, a college associated with the Evangelical Lutheran Church of...more

McDermott Will & Emery

Don’t Mess with Texas? State Sovereignty Doesn’t Make Plaintiff Immune to Venue Transfer

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The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more

Knobbe Martens

Federal Circuit Review - September 2019

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State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Hogan Lovells

Sovereign immunity shields university from inventorship dispute

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In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more

FordHarrison

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

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In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

Franczek P.C.

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

Franczek P.C. on

In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

Seyfarth Shaw LLP

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

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Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

Seyfarth Shaw LLP

Back to School: NLRB Takes Aim at Colleges and Universities

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Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

BakerHostetler

CFPB Cannot Force For-Profit College Group to Comply With Investigative Demand

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On April 21, the United States District Court for the District of Columbia ruled that due to a lack of authority under existing consumer protection laws, the Consumer Financial Protection Bureau (“CFPB”) cannot require a...more

Ballard Spahr LLP

CFPB lacked authority to issue CID issued to college accrediting organization, D.C. federal district court rules

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The D.C. federal district court has ruled that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for Independent Colleges and Schools (ACICS) in August 2015....more

Manatt, Phelps & Phillips, LLP

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The NLRB Goes Back to Church (Schools), Gets Entangled

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

Cozen O'Connor

Cozen O’Connor Lawyers Win Appeal Defeating Northwestern Football Players' Attempt to Form Union

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The National Labor Relations Board announced on August 17, 2015 that it would not assert jurisdiction over Northwestern University’s scholarship football student-athletes in their bid to be recognized as “employees” and form...more

Obermayer Rebmann Maxwell & Hippel LLP

OFFSIDES: NLRB Punts on Whether College Football Players Can Unionize

Last year, in what was lauded as a potentially game changing decision (pun intended), Peter Sung Ohr, the Regional Director of Region 13 of the National Labor Relations Board (NLRB or Board) ruled that the grant-in-aid...more

Miller Canfield

NLRB Punts on College Athlete Unions

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On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more

Hinshaw & Culbertson LLP

Employee Allowed to Pursue Claim Despite Failure to Follow Rules

One of the first things a savvy employer or employer's attorney may do upon receipt of a claim, charge, or complaint, is look for deficiencies which may serve as a bar to suit. ...more

Proskauer Rose LLP

Higher Education Alert: NLRB Announces Two New Standards Favorable to Faculty Unions

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In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more

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