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NLRB General Counsel Announces Intent to Treat Some College Athletes as Employees

On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more

Supreme Court Holds Union Organizer Entry on Private Property Violates 5th Amendment

In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more

Supreme Court Holds Public School Regulation of Off-Campus Student Speech Violates 1st Amendment

On June 23, 2021, the Supreme Court held in Mahanoy Area School District v. B.L that a public school may not regulate off-campus student speech where there is no substantial disruption of school activities. In Mahanoy, a...more

Supreme Court Rules Against NCAA Regarding Student-Athlete Education Benefits

On June 21, 2021, the Supreme Court issued a unanimous decision that ends the National Collegiate Athletic Association's (NCAA) nationwide limits on education-related benefits athletes can receive for playing collegiate...more

Supreme Court Rules on the ACA & Interplay Between the First Amendment & LGBTQ Community

On June 17, 2021, the Supreme Court issued two decisions that may concern employers and their businesses. In Fulton v. City of Philadelphia, the Supreme Court unanimously ruled that Catholic Social Services (“CSS”), a...more

Department of Education Issues Interpretive Ruling Prohibiting Sex-Based Discrimination Against Gay & Transgender Students Under...

On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies....more

U.S. Department of Labor: Final Rule on Tip Regulations Under Fair Labor Standards Act

On December 30, 2020, the United States Department of Labor published a long-anticipated Final Rule on tip pooling and payment for side tasks by tipped employees when the tasks do not lead to tips. The Final Rule takes effect...more

Michigan Campaign Finance Act: Do's and Don'ts for School Districts

School district board members, administrators and employees are required to abide by the Michigan Campaign Finance Act. The Act prohibits the contribution of public funds or resources to a campaign for a candidate or ballot...more

U.S. Department of Education: New Title IX Protocols Required By August 14, 2020

Final Rule Includes Significant Changes to Grievance Procedures and Requires Live Hearings in all Formal Complaints of Sexual Harassment at Post-Secondary Institutions - The United States Department of Education’s Office...more

Michigan’s Newest Stay-At-Home Order: Amendments Employers Need to Know

On April 24, 2020, Michigan Governor Gretchen Whitmer signed Executive Order 2020-59 (the “Order”). The Order rescinds Executive Order 2020-42 and extends the duration of Michigan’s stay-at-home requirements from April 30,...more

COVID-19: Continuity of Learning for K-12 Students under Executive Order 2020-35

As anticipated, on April 2, 2020, Governor Whitmer issued Executive Order 2020-35 (the “Order”) regarding the provision of K-12 education in Michigan for the remainder of the 2019-20 school year. The 17-page order, in short,...more

COVID-19: DOE Guidelines on Student Privacy

The U.S. Department of Education (DOE) has issued guidance in the form of Frequently Asked Questions to assist school officials with how to protect student privacy under the Family Educational Rights and Privacy Act (FERPA),...more

Designation of Public Education Employees as Critical Infrastructure and Essential Employees Pursuant To Governor Whitmer’s...

On Monday, March 23, 2020, Governor Whitmer issued Executive Order No. 2020-21 (COVID-19) (the “Order”) ordering residents to remain at home to the maximum extent feasible. The Order is to “be construed broadly to prohibit...more

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