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Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Fisher Phillips

Divine Intervention? NLRB Rejects Challenge to Jurisdictional Test for Religious Educational Institutions

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In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more

Venable LLP

Title IX's Final Rule Enforceability Still in Flux

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Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Disagreements on Display

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This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS...more

Fisher Phillips

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

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In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...more

Holland & Knight LLP

In Reversal, NLRB Decides It Lacks Jurisdiction Over Religious College

Holland & Knight LLP on

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

Ballard Spahr LLP

D.C. Circuit hears oral argument on CFPB authority to issue CID to college accrediting organization

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Last week, the D. C. Circuit held oral argument in the CFPB’s appeal from the D.C. federal district court’s April 2016 ruling that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for...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

Seyfarth Shaw LLP

Back to School: NLRB Takes Aim at Colleges and Universities

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Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Jackson Lewis P.C.

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

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The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees....more

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

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

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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

Miller Canfield

NLRB Punts on College Athlete Unions

Miller Canfield on

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...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

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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

Ballard Spahr LLP

NLRB Issues Significant Decision on Faculty Unionization

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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

Bond Schoeneck & King PLLC

The National Labor Relations Board Strikes Again – How Managerial Are Your Faculty and How Religious Is Your Institution?

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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

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