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Education Labor & Employment

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

BUDGET 2018/2019: The “Super Bowl” of State Government

Congratulations to the Philadelphia Eagles, and its passionate fans, for winning Super Bowl LII and bringing the Lombardi Trophy back to the Commonwealth of Pennsylvania! Capitol Buzz celebrates your success, and the whole...more

Healthcare Employers Rejoice? Recent Shift In NLRB Decisions Impacts The Industry

by Fisher Phillips on

A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more

CAS Legal Mailbag Question of the Week – January, 2018 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am the principal of a middle school and, recently, the parent of a seventh-grade student here called me to complain about a teacher. I am fortunate to work in a civilized community, and such...more

Female Coaches Cite Pay Disparity in Case Alleging Title IX Violation

• Three female coaches at two California community colleges allege that unequal pay violates Title IX. • All three claim that they are paid less than their male counterparts despite having similar duties and that the pay...more

Howard’s Weekly Roundup - January 27 - Part 1.

by Fisher Phillips on

Thanks for the input on topics you’d like to see and on your own observations to reference in the weekly Update. In order to keep this report short, we’re shifting most book, movie and certain other categories to the full...more

CAS Legal Mailbag Question of the Week – January, 2018 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a middle school, sometimes I feel more like a referee than an educator. Recently, I have received a number of complaints from teachers about one seventh grade biology teacher...more

Tax Reform: Compensation and Benefits

by Burns & Levinson LLP on

The new federal tax reform, signed into law by President Trump on December 22, 2017, will change tax liabilities and strategies for many organizations and individuals beginning this year. The following is a summary of key...more

Implications of a Government Shutdown for Employers and Educators

by Franczek Radelet P.C. on

As the looming threat of a government shutdown becomes more real, we briefly review prior shutdowns and provide guidance on what employers and educators might anticipate. Government shutdowns are not as rare an occurrence as...more

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

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

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