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Educational Institutions National Labor Relations Board

Littler

First Circuit Finds University Police Sergeants and Sergeant Detectives are “Supervisors” Under the National Labor Relations Act

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On May 23, 2025, the First Circuit Court of Appeals reversed the National Labor Relations Board’s 2024 decision that police sergeants and sergeant detectives in Northeastern University’s police department were statutory...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

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As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Epstein Becker & Green

A Tie Goes to the Runner, a Common Law Extravaganza, and the Administration Gets a Break - SCOTUS Today

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Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more

Fisher Phillips

2025 Summer Reading List for Educational Leaders

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Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

Franczek P.C.

100 Days In: Where Do Things Stand?

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Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more

Littler

The First 100 Days of the Second Trump Administration

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President Donald Trump embarked on an aggressive agenda in the first 100 days of his administration, relying largely on executive orders and administrative action that appear designed to test the limit of the executive...more

Franczek P.C.

Week in Review: Important Recent Court Rulings, Continued Changes at the NLRB, and The Department of Ed Continues Its...

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We saw a flurry of activity this week from the Supreme Court, with rulings that employers and educational institutions should be aware of. Specifically, the Supreme Court ruled in the Trump Administrations’ favor on several...more

Fisher Phillips

No Slowing Down: Employers’ Recap of the Trump Administration’s First 50 Days

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While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s...more

Eversheds Sutherland (US) LLP

Film Room: updates on House implementation, DOE and NLRB

It was another busy week of courtroom and regulatory activity in college athletics. In this week’s Film Room, we share important takeaways regarding: - House implementation committee update - Department of Education’s...more

Alston & Bird

How College Legal Departments Can Prepare for Changes in Student-Athletes’ Employment Status

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Our Education Group discusses how college and university legal counsel can track and prepare for changes in student-athletes’ employment status....more

Franczek P.C.

Week in Review – EEOC and NLRB Start Enacting Trump’s Executive Orders, Challenges to Federal Agencies’ Independence, and New...

Franczek P.C. on

Each week as the new presidential administration takes shape, we get a clearer picture of how its priorities will affect federal agencies, and how those changes will affect the employers and educational institutions that...more

Franczek P.C.

Week in Review: Whiplash Over Federal Funding, Changes in Agency Leadership, New EEOC Priorities, and New K-12 Executive Order

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It is no secret that whenever there is a change in the Oval Office it is common for the incoming administration to implement quick and widespread changes to effectuate campaign promises. Indeed, in modern times, newly elected...more

Genova Burns LLC

From Backcourt To The Gridiron, Universities Oppose The NLRB’s Enforcement Position Regarding Their Athletes

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On New Year’s Eve, the union attempting to organize Dartmouth College's men’s basketball team dropped its NLRB case after winning a groundbreaking decision in February 2024 from a NLRB Regional Director who decided that the...more

Fisher Phillips

Dartmouth Basketball Team Withdraws Petition to Form First Student-Athlete Union: 5 Compliance Tips for Colleges and Universities

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The country’s first unionized college basketball team is no more. After making history just under a year ago, the union representing Dartmouth College men’s basketball players withdrew its petition on December 31 and will no...more

Husch Blackwell LLP

NCAA Answers Some House Questions, Leaves Others Up in the Air

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The National Collegiate Athletic Association (NCAA) updated its House Settlement Question and Answer document on December 9, 2024, giving insight into how the NCAA is preparing for the settlement’s potential approval (see our...more

Venable LLP

From the White House to the Workplace: How Trump's 2024 Victory Could Reshape Labor and Employment Laws

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America has made it across the finish line for the 47th time: Donald Trump has been elected the country's new president. The 2024 presidential election is set to have far-reaching implications for both employers and...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

Littler

NLRB Reaffirms that Graduate Students Are Statutory Employees under NLRA

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On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers...more

Robinson & Cole LLP

Legal Update: NLRB General Counsel Tries to Reconcile FERPA and the NLRA

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As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...more

Littler

NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

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Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more

McGuireWoods LLP

NLRB Issues Guidance for Academic Institutions on Labor and Privacy Laws

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Institutions of higher education have seen a rise in student unionization under the National Labor Relations Act (NLRA). As part of this process, educational institutions often are required to disclose student-related...more

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

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The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Fisher Phillips

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

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Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

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Introduction - In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more

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