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Labor Board Withdraws Proposed Bar To Student Workers Unionizing At Private Colleges, Universities

The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA)...more

Biden Administration To Review Title IX Policies And Regulations And Establish Gender Policy Council

The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021. ...more

The Year Ahead: Litigation Hot Spots at a Glance  [Audio]

With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

Universities Sued For Closing Campuses Amidst COVID-19 Crisis-UPDATE

As of early this week, nearly 70 class actions have been filed by students against colleges and universities challenging their institutions’ responses to the COVID-19 crisis. The students argue they are entitled to refunds...more

Department Of Education Releases Long-Awaited Final Rule Amending Title IX Regulations

The U.S. Department of Education (DOE) has released its long-awaited, final amendments to Title IX regulations on how colleges and universities must handle allegations of sexual misconduct. The new regulatory requirements go...more

Universities Sued For Closing Campuses Amidst COVID-19 Crisis

Students at the country’s colleges and universities are challenging their institutions’ responses to the COVID-19 crisis in putative class-action lawsuits seeking reimbursement for tuition, room and board, and more following...more

What Employers Should Know About Furloughs, Layoffs, And WARN Act Obligations In Light Of COVID-19

Employers struggling with the challenges presented by the COVID-19 pandemic may be contemplating reductions in force or in hours. It is important that employers consider a wide range of factors when deciding whether to...more

Attorneys General, Lawmakers, Higher Education Groups Urge Delaying Proposed Title IX Regulations

State attorneys general, lawmakers, and higher education industry groups have been urging the Department of Education to delay issuing the final regulations on how colleges and universities must handle allegations of sexual...more

Coronavirus (COVID-19) FAQs For Higher Education Employers

The threat from the coronavirus (COVID-19) outbreak means employers that are institutes of higher education (IHEs) are confronting some complex questions. To assist employers, this Special Report discusses some issues that...more

Department Of Education Issues Guidance On Students With Disabilities, Privacy During COVID-19 Pandemic

The U.S. Department of Education (DOE) has issued guidance to assist educators and educational institutions to ensure that students with disabilities continue to receive services mandated by the Individuals with Disabilities...more

Special Education Considerations For COVID-19 Interruptions

In response to the threat to safety and health from the Coronavirus (COVID-19) outbreak, some school districts across the country have closed and others are contemplating closing or moving to a home-based program. Such...more

NLRB Proposes Rule To Exclude Student Workers At Private Colleges, Universities From NLRA Coverage

The National Labor Relations Board (NLRB) has issued a Notice of Proposed Rulemaking to establish that “students who perform any services for compensation, including, but not limited to, teaching or research, at a private...more

Illinois Bill Introduced To Require Sexual Harassment Training For All Restaurant Employees

Illinois has joined the growing number of states proposing mandatory sexual harassment training with a bill that requires training for restaurant employees. If the Restaurant Anti-Harassment Act is enacted, restaurants must...more

State Legislators React To Proposed Federal Title IX Regulations With State Law Proposals

While college, universities and educational professionals await the Department of Education’s (DOE) proposed new Title IX regulations, which will dictate a revised process by which allegations of sexual misconduct must be...more

Remembering Dr. Bernice Sandler, Champion Of Title IX

Dr. Bernice Sandler, a prominent activist for gender equality, passed away on January 5, 2019, at the age of 90. Dr. Sandler is well known for her efforts to increase gender equality in education. She was also a vital figure...more

Department Of Education Unveils Proposed Title IX Regulations

On Friday, November 16, 2018, the Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and universities must handle allegations of sexual misconduct. Institutions of...more

Education Department Rescinds Obama-Era Guidance On Campus Sexual Assault Investigations, Issues Interim Guidance

Secretary of Education Betsy DeVos on September 22, 2017, released Title IX interim guidance, while rescinding Obama-era policies, for handling sexual assault cases on college campuses . Specifically, the Department of...more

Grad-Student Unions One Year After Columbia University: More To Come Or A Thing Of The Past?

In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor...more

Affirmative Action In College Admissions To Become A Justice Department Priority?

The Trump Administration is preparing to focus on affirmative action in college admissions, according to The New York Times, which reportedly obtained an internal announcement to the Department of Justice (DOJ) Civil Rights...more

What to Expect under Secretary of Education Betsy DeVos

DeVos has a record of promoting charter schools and school vouchers at the K-12 level, but little is known about her priorities for higher education. Her prepared comments and responses during her Senate confirmation hearing...more

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more

Increasing Ransomware Attacks in Higher Education

Malicious “ransomware” attacks — where a hacker takes control of the victim’s information systems and encrypts data, preventing the owner from accessing it until the victim pays a sum of money — are on the rise against...more

Seventh Circuit Confirms Student-Athletes Not Entitled to Minimum Wage under FLSA

The U.S. Court of Appeals for the Seventh Circuit has affirmed U.S. District Judge William T. Lawrence’s dismissal of the student-athlete litigation against the NCAA and over 120 NCAA Division I member schools alleging that...more

U.S. Departments of Justice and Education Issue ‘Significant Guidance’ on Transgender Rights under Title IX

The U.S. Departments of Justice (DOJ) and Education (DOE) have issued a joint “Dear Colleague Letter” (DCL) containing “significant guidance” on how these departments will apply sex discrimination protections under Title IX...more

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