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Seyfarth Shaw Policy Matters Newsletter - December 13, 2018
Still Waiting for that Budget. With just over a week to go on the current continuing resolution, we once again find ourselves waiting to see ...
United States
20 Dec 2018
The 10th Circuit Massaged The Idea Of Whether Student-Trainees Were Employees Under The FLSA
Seyfarth Synopsis: Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.
United States
3 Dec 2018
The NY Child Victim Act: An Election Night Update Which Will Impact Your Institution
Our Management Alerts have been closely following efforts to enact the Child Victim Act, the passage of which has the potential to impact educational institutions for years to come.
United States
22 Nov 2018
Did Holly Judge Really Resign? After Close Review, Third Circuit Rejects Her Constructive Discharge Claims
In Judge v. Shikellamy Sch. Dist., No. 17-2189, 2018 U.S. App. LEXIS 27229 (3d Cir. Sep. 24, 2018), the 3rd Circuit Court of Appeals adopted a new approach to constructive discharge cases where an employee alleges...
United States
2 Nov 2018
Understanding And Planning For The Excise Tax On Executive Compensation Paid By Tax-Exempt Employers
In the past decade or so, the competition for executive talent in the tax-exempt sector of the United States economy has increased.
United States
17 Aug 2018
Seventh Circuit Affirms Likelihood Of Success That Schools Bathroom Policy Violates Title Ix And Equal Protection Clause
In Whitaker v. Kenosha Unified School District No. 1 Board of Education, a transgender high school student alleged that his school district informed him that, because he was listed as "female"...
United States
23 Jun 2017
Seventh Circuit Affirms Likelihood Of Success That School's Bathroom Policy Violates Title IX And Equal Protection Clause
Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district's decision to prohibit him from using the boys' restroom...
United States
19 Jun 2017
UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand
Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning.
United States
23 Mar 2017
Supreme Court Remands Transgender Rights Case To Court Of Appeals After Trump Administration Withdraws Obama Era Guidance
On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights...
United States
15 Mar 2017
Supreme Court Rules That Title II And Section 504 Claims Can Proceed To Court Without Exhausting IDEA Administrative Process If Relief Sought Is Not For Denial Of FAPE
The Supreme Court has clarified IDEA's exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the "gravamen" of the complaint seeks...
United States
8 Mar 2017
Supreme Court Rules Title II And Section 504 Claims Can Proceed To Court Without Exhausting IDEA's Administrative Processes In Certain Circumstances
The Supreme Court's recent ruling in Fry v. Napoleon Comm. Schools limits IDEA's exhaustion requirement to those cases which seek relief for a denial of FAPE...
United States
8 Mar 2017
Trump Administration Withdraws Prior Department Of Education Interpretations Regarding Title IX Protections Afforded To Transgender Students
The February 22, 2017 guidance notes that the Departments made their decision "in order to further and more completely consider the legal issues involved"...
United States
7 Mar 2017
Federal Legislators Tell NLRB GC Griffin To Rescind His Education Report Or Step Aside
Congressional Committee Head Virginia Foxx (R-NC) and Subcommittee Chair Tim Walberg (R-MI) ask NLRB General Counsel Griffin to either immediately rescind his January 31 report...
United States
15 Feb 2017
Title IX Enforcement And Interpretation: The Winds Of Change Are Blowing
Title IX enforcement issues continue to notably permeate the agenda of colleges and universities. The winds of change to Title IX enforcement may be blowing in 2017.
United States
6 Jan 2017
Higher Education Institutions Are Beginning To Get An Education In The FCPA
Seyfarth Synopsis: No differently than companies doing business overseas—especially in high-risk markets—American colleges and universities who do business overseas...
United States
4 Jan 2017
Texas District Court Enjoins Federal Gender Identity Protection Of Students
A District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for transgender students...
United States
31 Aug 2016
Back To School: NLRB Takes Aim At Colleges And Universities
The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities.
United States
31 Aug 2016
NLRB Paves Way For Student Unionization
The NLRB ruled that students who work as teaching assistants at colleges and universities are "employees" under the NLRA and are thus permitted to engage in collective bargaining.
United States
30 Aug 2016
Fourth Circuit Holds That "Sex" Under Title IX Incorporates Gender Identity
The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity.
United States
9 May 2016
Fourth Circuit Holds That Title IX Protects Transgender Student's Right To Use Men's Restroom Consistent With The Student's Gender Identity
The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student's right to use the restroom that aligns with the student's gender identity.
United States
27 Apr 2016
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