Higher Education Report

Higher Education Report

Category Archives: Employment

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NLRB Rules that Graduate (and Undergraduate!) Students are Employees and May Unionize

Posted in Employment
The National Labor Relations Board (Board), in Columbia University , has issued a 3-1 decision holding that graduate, and undergraduate, student assistants are common law employees within the meaning of the National Labor Relations Act and therefore are eligible to organize and bargain collectively under federal labor law.  In so doing, the Board overruled its 2004… Continue Reading

Universities Are Targets of Lawsuits over Retirement Plan Fees

Posted in Employment, ERISA, Higher Education
Three lawsuits filed in early August suggest that plaintiffs’ law firms, representing employees of colleges and universities, are looking at higher education retirement plans as potential targets for lawsuits seeking millions of dollars in damages. The New York Times reported[1] that class action lawsuits were commenced on August 9, 2016 against three prominent universities –… Continue Reading

Adjuncts, Governance and Union Organizing

Posted in Employment, Faculty, Governance
In the private sector, most full-time (tenured/tenure track) faculty are currently considered “managerial” under the National Labor Relations Act (“NLRA”), making them ineligible for the protections of the NLRA, including the right to organize and bargain collectively.  (Managers and supervisors are not considered “employees” under the NLRA.)  Managerial status does not preclude an institution from… Continue Reading

Ten Steps Higher Education Institutions Should Take to Prepare for OFCCP’s Revised Regulations Applicable to Veterans and Disabled Individuals

Posted in Affirmative Action, Employment
Many colleges and universities are federal contractors and, as such, need to comply with Department of Labor, Office of Federal Contract Compliance Programs’ (“OFCCP”) regulations relating to affirmative action.  Revised Regulations have been issued by OFCCP addressing affirmative action obligations applicable to disabled individuals under the Rehabilitation Act of 1973, as amended (“Section 503”), and… Continue Reading

Another Roadmap to Title IX Compliance: The SUNY/OCR Resolution Agreement

Posted in Discrimination, Employment, Student Affairs
At the end of last week, the U. S. Department of Education announced that its Office for Civil Rights (“OCR”) had entered into a Resolution Agreement with the State University of New York (“SUNY”) dealing with Title IX compliance issues.  Significantly, the Agreement arose out of an OCR initiated investigation and was not based on… Continue Reading