News & Analysis

On May 6, 2020, the Department of Education (DOE) issued its Final Rule adopting amended regulations implementing Title IX of the Education Amendments of 1972 (Title IX).

On March 11, 2020, the Colorado Department of Labor and Employment issued emergency rules that require certain employers to provide paid sick leave for employees with flu-like symptoms who are being tested for COVID-19, effective immediately.

The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college.

The Second Circuit recently laid out warnings that employers, faced with both an onslaught of #MeToo claims and the efforts of federal, state and local legislators to make harassment claims easier to prove and harder to settle, need to consider seriously.

On September 20, 2019, the NLRB issued a proposed rule that would exclude from the National Labor Relations Act undergraduate and graduate students at private colleges and universities who perform services in connection with their studies.

The OFCCP recently updated its website with an Opinion Letters link and issued its first Opinion Letter applicable to colleges and universities, dated May 20, 2019.

For 20 years, public agencies in Washington State have been barred from favoring or discriminating against applicants, employees, or contractors based on sex, ethnicity, color, race, or national origin.

The 6th Circuit recently held that in conducting Title IX investigations, colleges and universities must provide parties an opportunity to cross-examine witnesses in the presence of a neutral fact-finder in cases hinging on witness credibility.

On July 31, 2018, a New York federal court issued an opinion in favor of NYU, in the first case to reach trial concerning ERISA challenges to fees and investment lineups in school retirement plans.

On April 12, 2018, the United States Department of Labor issued three opinion letters and a new fact sheet providing guidance on various wage and hour issues.