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Labor & Employment Education

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

A New Push to Organize Graduate Students at Private Colleges and Universities? Four Major Unions Announce a Coalition on Higher Ed...

by Franczek Radelet P.C. on

On March 14, 2018, leaders from the Service Employees International Union, the United Auto Workers, the American Federation of Teachers, and UNITE HERE announced a new coalition to organize graduate students at private...more


I’m counting down the minutes to leaving my office later today to begin my favorite weekend of the year – the first weekend of the NCAA Tournament! Even though my bubble was bursted on Selection Sunday – my team didn’t make...more

Gold Dome Report - March 2018 #5

The clink of champagne flutes was almost audible under the Gold Dome this morning as the House adopted SB 17, commonly known as the “brunch bill”. The bill, authored by Sen. Renee Unterman (R-Buford), will allow local...more

Labor Department’s New Approach Is A Game Changer For Student Internships

by Fisher Phillips on

The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more

Reed College’s Student Workers Will Be Permitted to Hold Union Election

by Steptoe & Johnson PLLC on

Reed College has been directed to permit a subset of its student workers (known as Housing Advisers or HAs) to hold an election to form a union. Reed College opposed an election arguing that: 1) HAs cannot meet the statutory...more

Reed College faces Union vote among its student housing advisors

by Shipman & Goodwin LLP on

Union organizing among students is not just limited to teaching assistants. Other students who are being paid and supervised by a college or university may select a bargaining representative, at least, until the Labor Board...more

Class Action Roundup: Winter 2018

by Alston & Bird on

Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more

Wisconsin School and Municipal Employee Unions Must Petition for Election by September 15 to Avoid Decertification

Wisconsin Statutes Section 111.70(4)(d)(3) provides that, “Annually, the [Wisconsin Employment Relations Commission] shall conduct an election to certify the representative of the collective bargaining unit that contains a...more

Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more

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

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal in my building, I try to give teachers some space, so I don’t often stop by the teachers’ lounge. But yesterday I did so, and now I have a question. Originally published in the CAS...more

#MeToo Legal Impact Remains Unclear

by Steptoe & Johnson PLLC on

The rise of the #MeToo movement is raising the question of whether sensitivity to sexual harassment of university employees will result in new policies and procedures similar to increased protections students received over...more

Gold Dome Report - February 2018 #14

Completing their last convening before Crossover Day on Wednesday, the House and Senate dispensed with long calendars today. Although the House considered 24 measures and the Senate considered 29, the mood under the Gold Dome...more

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

by Tucker Arensberg, P.C. on

Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

CAS Legal Mailbag Question of the Week – February, 2018 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I don’t dare ask her, but I think that one of the teachers in my school has “histrionic personality disorder,” which DSM V describes as “a pervasive pattern of excessive emotionality and attention...more

"No-poaching” agreement takes center stage in class certification case against backdrop of heightened federal scrutiny

by Dentons on

Now when the US Department of Justice (DOJ) is expected to bring its first criminal antitrust cases based on “no-poaching” agreements, a recent federal district court decision in Seaman v. Duke University1 highlights the...more

Duke and UNC: No-Poach Case Update

Last month, we reported on a partial settlement in an antitrust case alleging that entities within the Duke and the University of North Carolina systems agreed not to hire each other’s medical personnel unless the lateral...more

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

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