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.
Are College Athletes Employees?
Should college athletes be classified as employees under federal labor laws?
EEOC Sues Walmart for Disability Discrimination
The United States Equal Employment Opportunity Commission has brought a lawsuit against Walmart, alleging disability discrimination.
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.
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.
US Supreme Court rules against union in fight over strike that damaged property
The U.S. Supreme Court on Thursday dealt a setback to organized labor by making it easier for employers to sue over strikes that cause property destruction in a ruling siding with a concrete business in Washington state that sued the union representing its truck drivers after a work stoppage.
NLRB Slams Starbucks in Buffalo Organizing Case
Starbucks committed “egregious” violations of federal labor law in terminating employees during a union-organizing campaign.
NLRB Issues Decision on Severance Agreements
NLRB Issues New Ruling on Severance Agreements.
FTC Proposes New Antitrust Regulation on Non-Compete Agreements for Employees
The FTC recently proposed new regulations on non-compete agreements that could significantly impact employers and employees.
Supreme Court asks Biden Administration to Weigh in on “Adverse Employment Action” Doctrine in Title VII Cases
Supreme Court asks Solicitor General to weigh in on Title VII adverse employment action doctrine.
NLRB Decision Expands Relief Available to Employees
National Labor Relations Board expands relief available to employees (to include financial relief)
Brown University Passes Ban on “Caste” Discrimination
Brown University Bans “Caste” Discrimination
Biden Administration Proposes Significant Changes to Gender Equity Law Title IX
The Biden administration proposed sweeping changes Thursday to federal rules under the gender equity law Title IX that would revoke Trump administration mandates surrounding sexual misconduct that advocates for assault survivors said discriminated against victims.
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.
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.
Council of Christian Colleges Seeks to Intervene in Department of Education Title IX Litigation
The Council of Christian Colleges and Universities has moved to intervene in a lawsuit that seeks to overturn a religious exemption to Title IX, the federal law that prohibits sex-based discrimination in education.
In-N-Out Burger Accused of Retaliation and Failure to Enforce Covid-19 Safety Measures
In-N-Out-Burger wrote an employee up for protected and approved leave, and failed to institute and enforce Covid-19 safety measures, according to a private attorney general suit filed on behalf of the state in California state court.
Holy Bologna! NLRB Finds Against Boar’s Head in Union Deterrence Case
The National Labor Relations Board upheld on Thursday an administrative judge's ruling that Boar’s Head Provisions Co. Inc. violated the National Labor Relations Act when the meat supplier promised workers benefits if they decided not to unionize.
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”).