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Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of...

The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher...more

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more

2024 Title IX Regulation Update, Part III: Section 106.44 - Recipients’ Duty to Address Sex Discrimination

This is part three of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education, which were released by the U.S. Department of Education on April 19, 2024. This...more

U.S. Department of Education Delays Release of Title IX Final Rules to October 2023

The much-anticipated release of the Biden administration’s final revisions to the regulations implementing Title IX of the Education Amendments of 1972 will be delayed to October 2023, the U.S. Department of Education...more

NLRB Judge’s Decision Tees Up Reconsideration of Test for Religious Exemption

On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...more

Eleventh Circuit Rules Forensic Photography Intern is Not Entitled to FLSA Wages

On June 9, 2022, a divided panel of the United States Court of Appeals for the Eleventh Circuit decided an unpaid intern who participated in a forensic photography training program was not entitled to wages under the Fair...more

Preparing to Comply With the NCAA’s New Sexual Violence Policy

It has been nearly one full year since the National Collegiate Athletic Association (NCAA) expanded its campus sexual violence policy, placing additional obligations on member institutions. While many stakeholders were hoping...more

Title IX Homework for Spring Break: Preparing for a Potential Uptick in Title IX Reports

My grandmother lived by the rule that summer flowers should not be planted before spring break, no matter how much warm weather March might bring. The week after spring break would find her working furiously in her garden,...more

NLRB Disentangles Itself From Religious Education Institutions

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

Bankruptcy and Benefits Beyond a Crisis: How Chapters 11 and 7 Affect Retirement and Welfare Plans

Businesses large and small have been affected by the coronavirus crisis. It seems that no industry has been spared economic hardship. As many states prepare to reopen their economies, there are some businesses that will not...more

Alabama COVID-19 Update: Governor Ivey Issues Relaxed Safer At Home Order; Birmingham Ordinance Requires Face Masks

Alabamians are currently under a stay-at-home order that Governor Kay Ivey issued on April 4, 2020,which shut down all non-essential business. On April 28, 2020, Governor Ivey announced at a press conference that she approved...more

The NLRB Goes Back to Church (Schools), Gets Entangled

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more

NLRB Finally Finds Facebook Activity That It Doesn’t “Like”

The National Labor Relations Board (NLRB) finally found a Facebook conversation it couldn’t bring itself to “Like.” In Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014), the NLRB held that a Facebook...more

Alabama Heightens Attention on Misclassified Employees

The U.S. Department of Labor continues its “misclassification initiative” by adding Alabama to its list of state partners. On October 2, 2014, Alabama Labor Commissioner Fitzgerald Washington and DOL regional director Wayne...more

Alabama’s New “Guns In The Parking Lot” Law Takes Effect On August 1, 2013

On August 1, 2013, Alabama laws regarding firearms will change to permit employees to bring guns to the parking lots of their workplaces, if certain conditions are met....more

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