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Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following...more

Quarles & Brady LLP

Enjoined Before Effective: Revised Title IX Regulations Blocked in 15 States And Counting

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As previously reported, the U.S. Department of Education published its highly-anticipated revised Title IX regulations on April 29, 2024. These regulations move away from the rigid procedural requirements mandated by the...more

Troutman Pepper

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Steptoe & Johnson PLLC

"Amateurism" Eroding: The Third Circuit Opens the Door to Employee Status for College Athletes Under the FLSA

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On July 11, 2024, the U.S. Court of Appeals for the Third Circuit held in Johnson v. NCAA, No. 22-1223, (3d Cir. July 11, 2024) that college athletes may be considered employees under the Fair Labor Standards Act (FLSA)....more

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

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On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

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In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

Fisher Phillips

Play for Pay? Bombshell Ruling Upends Amateurism in College Sports

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Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2024

Welcome to the sixth issue of The Academic Advisor – our e-newsletter focused on education law insights. For this mid-summer edition, we take a deeper look at the newest developments regarding the 2024 amendments to...more

Baker Donelson

It's Time to Revise Your Title IX Policy and Procedures: The Biden Administration Rolls Back Trump-Era Title IX Regulations and...

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Over a year after proposing sweeping changes to the current Title IX regulations and delays on the official release date, the Biden Administration has officially released its revised Title IX regulations for all education...more

Husch Blackwell LLP

2024 NCAA Compliance Report: College Athletics in Transition

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In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated...more

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

2024 Title IX Regulation Update, Part I: Grievance Procedures for Resolving Complaints of Sex Discrimination and Sex-Based...

This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more

Ballard Spahr LLP

Department of Education Issues Amendments to Title IX Regulations

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As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more

Bowditch & Dewey

Game Changer? The NLRB Rules that Dartmouth Basketball Players Are Employees

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In what may be a game-changer for many college athletics programs, a National Labor Relations Board (NLRB) regional official ruled on February 12 that members of the Dartmouth College men’s basketball team are employees of...more

Bricker Graydon LLP

[Webinar] Pregnancy and Parenting in Higher Education Training Series - January 17th - 18th, 12:00 pm - 2:00 pm EST

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Join Bricker Graydon attorneys Kylie Stryffeler, Jessica Galanos, and Erin Butcher as they delve into the important subject of pregnancy and parenting on college campuses. They will discuss pregnancy and parenting compliance...more

Spilman Thomas & Battle, PLLC

Remote Work Strategies for Managing Cybersecurity Teams

Managing a remote cybersecurity team at colleges and universities involves addressing a unique set of challenges to ensure the security of sensitive data and infrastructure. There is an additional overlay of potential...more

McCarter & English, LLP

Recent Congressional Hearings Signal Major NIL Changes Are Coming

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University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this...more

Husch Blackwell LLP

The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education

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Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery, for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and...more

Perkins Coie

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

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On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 5, May 2023

Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis- “At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.” ...more

Bradley Arant Boult Cummings LLP

Don’t Overlook These 5 Benefits Issues Facing Higher Education Institutions

All employers are faced with challenges and compliance risks associated with providing benefits to their employees. However, these risks and challenges can vary greatly by industry. Employers (and their advisors) who...more

Sheppard Mullin Richter & Hampton LLP

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities...

The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more

Foley Hoag LLP

NLRB General Counsel to Pursue Federal Labor Claims of Student Athletes

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Last week, NLRB General Counsel Jennifer Abruzzo joined the agency’s regional prosecutors in concluding that some NCAA student athletes are employees, instructing the Board’s regional prosecutors to pursue unfair labor claims...more

Saul Ewing LLP

Psychedelics-Related Considerations for Higher Education Institutions

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​As interest in psychedelics rises, amidst the decriminalization of psychedelic substances in various jurisdictions and the regulation of the provision of psilocybin services in Oregon, institutions of higher education may...more

Bond Schoeneck & King PLLC

General Counsel's Corner: Cannabis on Campus – The Personnel Edition

This latest edition of our series on cannabis related developments and issues in higher education addresses the impact of the widespread state level legalization of recreational and medicinal cannabis throughout the United...more

Jackson Lewis P.C.

Proposed Iowa Bill Continues Efforts to Reclassify Student-Athletes as Employees

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Iowa lawmakers have expanded on federal efforts to make student-athletes employees. They have introduced legislation (H.F. 2055) to classify intercollegiate athletes at Iowa’s state universities as state employees. This...more

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