News & Analysis as of

Educational Institutions Jurisdiction

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

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U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Epstein Becker & Green

When is a TRO Treatable as a Preliminary Injunction? - SCOTUS Today

While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....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

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

NLRB Judge’s Decision Tees Up Reconsideration of Test for Religious Exemption

On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Disagreements on Display

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

Saul Ewing LLP

Updated Title IX Rules: Analysis on Jurisdiction

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Participating or Attempting to Participate - In order to file a formal complaint, the complainant must be “participating in or attempting to participate in” the recipient’s education program or activity at the time the formal...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Cozen O'Connor

NLRB Severely Limits Jurisdiction Over Religious Schools

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On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more

Littler

NLRB Reverses Course, Holds it has no Jurisdiction over Faculty at Religious Institutions of Higher Education

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In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education.  The...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

Proskauer - Labor Relations Update

NLRB Decides to Assert Jurisdiction Over Charter Schools On A Case By Case Basis

The NLRB continues to operate during the novel coronavirus crisis. Regional offices are largely working remotely as is the rest of the country. The Board itself continues to issue decisions, albeit at a slower pace than...more

Littler

D.C. Circuit Rejects NLRB’s Attempt to Certify Union Vote by University Adjunct Faculty

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The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more

Carlton Fields

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

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Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

Proskauer - Labor Relations Update

Are Charter Schools Covered by the National Labor Relations Act? NLRB to Reconsider Its Jurisdiction over Charter Schools

On February 4, the NLRB granted United Federation of Teachers, Local 2, AFT, AFL-CIO’s (the “Union”) request for review of the Regional Director’s Decision and Direction of Election concerning a decertification petition filed...more

Ballard Spahr LLP

NY bars use of mandatory arbitration agreements by career training schools

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The New York Education Department (NYED) has issued a ruling which states that the Bureau of Proprietary School Supervision (BPSS) will not permit an enrollment agreement, including an arbitration clause, to infringe on the...more

Hogan Lovells

Sovereign immunity shields university from inventorship dispute

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In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...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

McNees Wallace & Nurick LLC

Pennsylvania Charter Schools Are Subject to Jurisdiction of National Labor Relations Board

In a recent decision, the National Labor Relations Board confronted the issue of whether it has jurisdiction over The Pennsylvania Virtual Charter School (PVCS) – a school formed pursuant Pennsylvania’s Charter School Law. In...more

Littler

NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

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In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the...more

Robinson+Cole RLUIPA Defense

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...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

Franczek P.C.

A Break From The Trend? NLRB Regional Director Finds Carroll College Exempt From Board Jurisdiction Under Pacific Lutheran

Franczek P.C. on

Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the...more

Franczek P.C.

Illinois Supreme Court Says School District’s Subject to Municipal Zoning

Franczek P.C. on

On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must...more

Carlton Fields

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

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The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

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