Benefits / Employment / Higher Education 

This is a blog devoted to information and developments in the areas of employee
benefits law (ERISA), employment law, and higher education law. The blog was created and
is maintained by the attorneys of the law firm of Ehrenberg Legal & Higher Ed Solutions PLLC.

Jason Ehrenberg Jason Ehrenberg

Yale University Settles Affirmative Action Lawsuit

Yale University recently settled the affirmative action lawsuit challenging its admissions policies. This follows the Supreme Court’s recent affirmative action decision involving Harvard University.

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Jason Ehrenberg Jason Ehrenberg

NLRB Modifies Independent Contractor Standard under National Labor Relations Act

In a decision issued today in The Atlanta Opera, Inc., the National Labor Relations Board returned to the 2014 FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act, and overruled SuperShuttle (2019). In applying the FedEx II standard, the Board found that the makeup artists, wig artists, and hairstylists who work at the Atlanta Opera— who had filed an election petition with the Board seeking union representation—are not independent contractors, excluded from the Act, but rather are covered employees.

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Jason Ehrenberg Jason Ehrenberg

NLRB Proposes New “Joint-Employer” Test

The National Labor Relations Board released a Notice of Proposed Rule Making addressing the standard for determining “joint-employer” status under the National Labor Relations Act.

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Jason Ehrenberg Jason Ehrenberg

Supreme Court to Hear Harvard and UNC Affirmative Action Cases

The Supreme Court today agreed to hear an appeal of a decision that Harvard University’s use of affirmative action in college admissions is legal. The Court will also hear an appeal of a ruling that the University of North Carolina at Chapel Hill’s use of affirmative action was legal.

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Jason Ehrenberg Jason Ehrenberg

Ninth Circuit Rules in Favor of CalSavers in ERISA Preemption Case

The Ninth Circuit Court of Appeals ruled in favor of California's state-run retirement program (“CalSavers”) Thursday in a lawsuit challenging the program’s right to exist, holding that the state law that created CalSavers isn't preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”).

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