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Educational Institutions Wage and Hour Universities

Fisher Phillips

What Should Your Athletic Department Know About Trump’s New NIL Executive Order Attacking “Pay for Play” Deals? 3 Steps For...

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In yet another sweeping move impacting college athletics, President Trump just signed an Executive Order seeking to ban “third-party, pay-for-play payments to collegiate athletes,” while still allowing athletes to enter into...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

Troutman Pepper Locke

Texas NIL Update: Texas Gears Up for a Post-House Settlement World and Beyond

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Texas’s biennial legislature is in session, and revamping Texas’ name, image, and likeness (NIL) laws to keep up with the developments across the U.S. seems to be a hot topic. As of the date of this post, state...more

Ice Miller

Trump U.S. Department of Education Rescinds Biden Administration NIL Title IX Guidance Previewing a Contentious 2025 for Title IX

Ice Miller on

In a move that was expected, the Trump Administration’s new Department of Education (Department) rescinded the Biden Administration’s January 16, 2025, name, image, and likeness (NIL) guidance applying Title IX to NIL...more

Fisher Phillips

NCAA’s Student-Athlete Settlement Signals Big Changes Ahead: 3 Things Higher Education Institutions Need to Know

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The NCAA and its power conferences recently approved a multi-billion-dollar agreement to settle several antitrust claims brought by student-athletes, taking the next step towards reshaping the collegiate sports landscape. The...more

Troutman Pepper Locke

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

Ballard Spahr LLP on

On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Bowditch & Dewey

DOL FLSA Overtime Rule Applied to College and University Employees

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As we covered in our April blog post, DOL Announces Final Rule Increasing Minimum Salary Levels for FLSA Overtime Exemptions, the United States Department of Labor (DOL) released its final overtime rule, which increases the...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

Fisher Phillips on

As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

DCI Consulting

[Webinar] Affirmative Action, OFCCP Compliance, and Pay Equity Analytics in Higher Education - March 14th, 2:00 pm - 3:00 pm EDT

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Join DCI for an insightful webinar where we'll explore the intricacies of affirmative action, OFCCP compliance, and pay equity analyses for higher education institutions. During this engaging session, we'll delve into some of...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

A Pay Audit is the Perfect Way for Schools to Ring in the New Year

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The end of the year is always a good time to assess what measures you can take to ensure compliance with employment laws and strive for a positive work environment at your school. A pay equity audit is one such measure that...more

Fisher Phillips

7-Point Action Plan: How Educational Institutions Should Plan For 2021 And Beyond

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There is no doubt that 2020 brought huge challenges for schools. As we near the end of the first semester and plan for the rest of the 2020-2021 school year and beyond, there are some lessons we can learn, some processes to...more

Epstein Becker & Green

California Legislature Codifies the Professional Exemption for Some Adjunct Professors and Other Faculty

Epstein Becker & Green on

On September 9, 2020, Governor Newsom signed Assembly Bill (“AB”) 736, expanding the professional exemption under Industrial Welfare Commission (“IWC”) under Wage Orders Nos. 4-2001 and 5-2001 to expressly include part-time...more

McDermott Will & Schulte

Severance and Deferred Compensation Considerations for Tax-Exempt Colleges and Universities

In-house counsel and human resources professionals at tax-exempt colleges and universities often face a variety of challenges when structuring, and determining obligations due under, severance arrangements. There are some key...more

Jackson Lewis P.C.

UPDATE: NCAA Flexes Its Muscle In Response To California Fair Pay To Play Act

Jackson Lewis P.C. on

NCAA President Mark Emmert has predicted that it would become “impossible” for the NCAA to consider California colleges eligible to participate in national championship competitions should California pass the Fair Pay To Play...more

U.S. Equal Employment Opportunity Commission...

University of Denver to Pay $2.66 Million and Increase Salaries to Settle EEOC Equal Pay Lawsuit

Female Full Professors at the University's Sturm College of Law Were Paid Average of Nearly $20,000 Less Than Their Male Counterparts, Federal Agency Charged - DENVER - The University of Denver will pay $2.66 million and...more

Parker Poe Adams & Bernstein LLP

DOL Issues Fact Sheet on Overtime Pay for Higher Education Employers

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new fact sheet explaining the applicability of overtime exemptions under the Fair Labor Standards Act to occupations in higher education....more

Nelson Mullins Riley & Scarborough LLP

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

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

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

Fisher Phillips

Labor Department’s New Approach Is A Game Changer For Student Internships

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The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more

Foley & Lardner LLP

Repeat After Me: College Athletes Are Not School Employees Under the FLSA

Foley & Lardner LLP on

“Close some doors today. Not because of pride, incapacity or arrogance, but simply because they lead you nowhere.” This quote (attributed to Brazilian author Paulo Cuelho) comes to mind with last month’s filing of yet another...more

Fisher Phillips

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

Fisher Phillips on

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

Franczek P.C.

Penn Students Seek Rehearing, DOL Files Brief in OT Rules Appeal

Franczek P.C. on

Just a quick update on a couple of our recent stories for you wage and hour litigation junkies: Back on December 5, a three-judge panel of the 7th Circuit Court of Appeals affirmed dismissal of a case in which two former...more

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