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Labor & Employment Education

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

DOL Adopts More Flexible Test for Classifying Interns

by Womble Bond Dickinson on

The Department of Labor (“DOL”) announced its adoption of a new test on January 5, 2018, for determining whether interns are employees under the Fair Labor Standards Act (“FLSA”). In recent years, many for-profit employers...more

Gig U: California College Begins Offering Gig Economy Classes

by Fisher Phillips on

With each passing day, it is becoming increasingly evident that the gig economy is here to stay. Therefore, it should not come as a surprise that institutions of higher education have begun thinking of ways to educate...more

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

2017 Legislative Summary (Part Two): The Budget “Implementer” And Its Effect On Connecticut’s Schools And Public Employers.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the...more

School Districts Gearing Up for 2018-2019 Hires with Special H-1B Rule

by McNair Law Firm, P.A. on

While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and...more

DOL Rejects Obama-Era “Intern” Test

With college classes resuming soon, many employers will be welcoming interns to the workplace. Employers must be careful in determining whether unpaid interns are properly classified under the Fair Labor Standards Act...more

Title IX and Defamation: An Emerging Challenge Facing Higher-Education Institutions

by Littler on

There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a...more

Education Legislation Summary: 2017 Special Session – Biennial Budget, Connecticut General Assembly

by Shipman & Goodwin LLP on

On October 26, 2017, the General Assembly passed Emergency Certified Bill 1502 (“Bill 1502” or “the Bill”). The Bill was signed by Governor Malloy on October 31, 2017 (except for a line item veto related to hospital charges)....more

Between Scylla and Charybdis: the reasonable accommodation dilemma

by Kirton McConkie PC on

DISABILITY DISCRIMINATION - In Greek mythology, two sea monsters—Scylla and Charybdis—lived on opposite sides of the Strait of Messina between Italy and Sicily. The monsters were located in such proximity to each other...more

Ninth Circuit Finds Beauty School Students Were Not Employees

by Fox Rothschild LLP on

There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about these kinds of cases and have...more

Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor...

by Payne & Fears on

In a case of first impression in the Ninth Circuit, Benjamin v. B&H Education, No. 15-17147 (9th Cir. December 19, 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether...more

H-1B Cap: Start Planning Today for "Buy American, Hire American"

by Proskauer Rose LLP on

Although we are still officially in the year 2017, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2019 (FY2019). H-1B cases must be filed between April 2, 2018 and April 7, 2018 to be...more

It’s Cut And Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology And Hair Design Students Were...

by Jackson Lewis P.C. on

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held. Benjamin v. B&H...more

‘Tis the Season: Appellate Court Holds That Reasonable Assurance Letters Are Required Before Holiday Recess

by Bond Schoeneck & King PLLC on

Last week in the case of Matter of Papapietro, (3d Dep’t Dec. 7, 2017), the Third Department of the New York State Appellate Division reversed the Unemployment Insurance Appeal Board’s prior holdings and ruled that individual...more

Field Law Post-Secondary Summit Recap

by Field Law on

Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below...more

Drivers Get a Lyft to Higher Education

by Fisher Phillips on

While the national debate rages on among policymakers, gig businesses, and worker advocates about whether and how to offer benefits to gig workers, some gig businesses are coming up with creative benefit offerings to meet at...more

News from Second & State

Weekly Wrap - The Pennsylvania General Assembly wrapped up its business for the 2017 calendar year this week, marking the half-way point through the 2017-2018 legislative session. It was an expectedly busy week, as members...more

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights of University Faculty, Student Assistants, and...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more

Senate Bill 621 Gives Part-Time Educators Their Proportional Share

by Ervin Cohen & Jessup LLP on

Senate Bill 621 will become effective on January 1, 2018. The bill amends Labor Code section 515.8 and is intended to address the ambiguities in Assembly Bill 2230 which was enacted last year....more

Tax Reform: Nonprofits and their Executives Brace for Impact

The Senate voted yesterday to begin formal negotiations with the House of Representatives to reconcile their two versions of the Tax Cuts and Jobs Act, a bill that seeks to make sweeping changes to federal tax law....more

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities

by Cozen O'Connor on

Less than one month after his confirmation as the National Labor Relations Board’s new general counsel, Peter Robb issued a memo that signals a significant shift in the aggressively pro-labor positions taken by his...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Chris Mattei Announces Campaign for Connecticut Attorney General- Democrat Chris Mattei announced his candidacy for Connecticut AG in 2018, switching statewide races and forgoing a previously...more

New Labor Board General Counsel Rescinds Guidance Declaring Student-Athletes ‘Employees’

by Jackson Lewis P.C. on

One of the first actions of new National Labor Relations Board General Counsel Peter Robb was to rescind guidance that college football players at private universities are employees under the National Labor Relations Act. ...more

See You In Court! – December 2017

by Shipman & Goodwin LLP on

The General Assembly has finally passed a budget, and the Nutmeg Board of Education has been spared the catastrophic cuts in state aid that some had predicted. Veteran Board member Bob Bombast was therefore pleased to turn...more

Oklahoma jury awards transgender employee $1.165 million

by McAfee & Taft on

The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more

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