The world is blessed and cursed by nuance. Most issues are complicated, and truly understanding them requires expertise, depth of insight, familiarity, and an appreciation for how nuances impact the issue and its context....more
Good nonprofit governance is challenging. It involves crafting and implementing smart policies that can be clearly communicated and anticipate future problems. This is easier said than done, especially with unpaid boards and,...more
A recent survey of full-time college and university faculty found that, as of the beginning of the 2020-2021 academic year, approximately 25% of those surveyed expected to retire later than they had anticipated before the...more
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
The #MeToo movement has brought public awareness to claims concerning pay disparity based on gender. As more and more women bring equal pay claims and enter into hefty settlements, the general public begins to internalize the...more
Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v. National Labor Relations Board, Case No. 17-1149 (D.C. Cir. Mar. 12, 2019)...more
On February 11, 2019, Wright State University’s Board of Trustees voted unanimously to approve a deal to end a 20-day faculty union strike by the university’s tenured, tenure-eligible, and non-tenure eligible faculty. The...more
On October 9, 2018, the State University of New York (“SUNY”) Board of Trustees adopted a new resolution imposing new policy requirements with regard to consensual or amorous relationships among faculty, staff, and students. ...more
U.S. colleges and universities have many visa options that enable them to employ diverse and talented faculty from around the world. This article will introduce the primary nonimmigrant (temporary) visa categories used by...more
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
Although a religious college recently scored a victory in its battle against unionization, the legal decision and the proceedings that led to that decision could be somewhat troublesome for your educational institution. All...more
Children’s fables are often an overlooked source of wisdom. Take for example Aesop’s 17th century fable “The Monkey and the Cat.” As the story goes, a cat and monkey lived in the same house as pets. The monkey, desiring...more
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
The Massachusetts Earned Sick Time Law (M.G.L. ch. 149, §148C), takes effect today, July 1, 2015. In broad terms, the law obligates covered Massachusetts employers to provide certain paid sick leave benefits to covered...more
A regional director of the National Labor Relations Board (NLRB) recently ordered the counting of ballots that were cast in a union election by contingent faculty members at Seattle University. The votes had been impounded...more
Private colleges and universities are the latest to feel the effects of the more union-friendly National Labor Relations Board (NLRB). In a recent ruling, the Board concluded in unprecedented fashion that it has jurisdiction...more
In still another break with long-standing precedent, the National Labor Relations Board (NLRB) has once again eased the way for union organizing – this time for unions seeking to organize faculty at private sector...more
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
The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty...more
The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more
Last week, the National Labor Relations Board (NLRB or Board) revised its standard for determining when faculty members can unionize. Although the decision is expected to be appealed, it undoubtedly will open the door to a...more
In the latest example of dramatic changes to well-developed principles of federal labor law and policy, the National Labor Relations Board (“NLRB” or “Board”) issued its long awaited decision in Pacific Lutheran University,...more
Educational institutions will face some unique challenges as the Affordable Care Act's “employer shared responsibility” requirement becomes effective next year. Beginning January 1, 2015, large employers that do not offer...more
A few weeks ago, Inside Higher Ed issued its 2014 Survey of College and University Human Resources Officers. Like Inside Higher Ed’s other surveys, this one provides very interesting reading. Among the topics covered...more
The concepts of “hours of service” and “full time” loom large in the Affordable Care Act’s “employer shared responsibility” mandate (also known as the “employer mandate” or “pay or play mandate” and which we discussed in...more