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Universities Faculty

ArentFox Schiff

Free Speech & Governance Policies: On (and Off) Campus

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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

Verrill

Faculty Retirement Incentive Programs: What Does the Law Permit?

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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

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

NLRB Disentangles Itself From Religious Education Institutions

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

Holland & Knight LLP

In Reversal, NLRB Decides It Lacks Jurisdiction Over Religious College

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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

Health Care Compliance Association (HCCA)

AAU Harassment Survey Shows Higher Levels of Faculty Misconduct Against Grad Students

Report on Research Compliance - Although students remain far-and-away the largest perpetrators of harassment, assault and stalking against both undergraduates and graduates, teaching assistants and faculty are more likely...more

Miles & Stockbridge P.C.

Lessons Learned about Equal Pay in Higher Education

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

Proskauer - Labor Relations Update

D.C. Circuit Weighs In On NLRB Test For Adjunct Faculty Unionization

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

Akerman LLP

20-Day Strike Ends At University As Unionization On Campuses Picks Up

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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

Bond Schoeneck & King PLLC

System-Wide SUNY Policy Will Require All SUNY Campuses to Develop a Sexual and Romantic Relationship Policy by March 1, 2019

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

Faegre Drinker Biddle & Reath LLP

Visa Options and Immigration Strategies for Colleges and Universities

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

Patterson Belknap Webb & Tyler LLP

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

FordHarrison

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

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In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

Franczek P.C.

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

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In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

Seyfarth Shaw LLP

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

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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

Bond Schoeneck & King PLLC

“Cat’s Paw” Liability in Faculty Decision-Making

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

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

The NLRB Goes Back to Church (Schools), Gets Entangled

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

Holland & Knight LLP

MA Issues Regulations on Earned Sick Time for Student Workers and Faculty - Attorney General's Office Releases Final Regulations...

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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

Allen Matkins

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

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A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

Ballard Spahr LLP

Second NLRB Decision Issued in Ongoing Higher Education Union Organization Efforts

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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

Pullman & Comley - School Law

The NLRB Appears To Clear The Path Toward Greater Unionization Of Private Colleges And Universities

In a decision notable for not just one, but two revisions to established National Labor Relations Board (the “Board”) analytical framework, the Board appears to open the door toward increased unionization of private...more

Foley & Lardner LLP

NLRB Gives Unions Another Prize: Non-Tenure-Eligible Faculty at Private Religious Colleges and Universities

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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

McNees Wallace & Nurick LLC

New NLRB Determination Makes It Easier For Unions To Organize Faculty At Universities And Colleges

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

Proskauer Rose LLP

Higher Education Alert: NLRB Announces Two New Standards Favorable to Faculty Unions

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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

Proskauer - Labor Relations

Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision

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

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