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Home > Federal Law Articles > Human Resources > Education Industry

Articles Discussing The Workplace In The Education Industry.

NCAA Makes Next Play in Attempt to Limit Name, Image, and Likeness Activity

May 13, 2022 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

For the first time since the NCAA issued its Interim Name, Image and Likeness (NIL) Policy on July 1, 2021, the NCAA Board of Directors issued new guidance in an attempt to place some limits on the involvement of boosters in the rapidly growing NIL landscape.

The new guidance, issued

Effort to Classify Student-Athletes as Employees Continues With New Twist to Include Public University Students

February 11, 2022 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

Ongoing efforts to urge the National Labor Relations Board (NLRB) to classify student-athletes as employees continue with the latest unfair labor charge filed by the National College Players Association (NCPA) and their Executive Director Ramogi Huma. The unfair labor practice charge alleges that the NCAA, the Pac-12 Conference, and University

High School Student-Athletes Asserting Name, Image, and Likeness Rights Moves to Forefront

November 19, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

Not only are name, image, and likeness (NIL) rights being asserted in collegiate sports, high school athletics are beginning to experience expansion of NIL rights as well.

After the National Collegiate Athletic Association (NCAA) announced it would no longer enforce almost all of its NIL rules prohibiting individual athletes competing

First NLRB Charge Filed Alleging Student-Athletes Are Employees Since NLRB General Counsel’s Memorandum

November 16, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

Unable to find a student-athlete willing to file an unfair labor practice charge to support the effort of the General Counsel of the National Labor Relations Board (NLRB) to reclassify student-athletes as “employees” as defined in the National Labor Relations Act (NLRA), Michael Hsu, co-founder of the recently formed college

Bipartisan Federal Legislation Introduced to Drastically Modify NCAA’s Current Infractions Process

November 4, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

A little more than two years ago, James Wiseman was the University of Memphis’ prize recruit expected to lead that school back to the Final Four. Now, following his very limited college career that was plagued by allegations of NCAA rules violations and an NCAA declaration of ineligibility for 12

Department of Education Recommends Steps to Ensure Inclusivity of Intersex Students

October 28, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

The U.S. Department of Education’s Office for Civil Rights (OCR) has published a fact sheet that addresses key issues intersex students face in schools and provides recommendations on how schools can support intersex students.

Federal Judge Refuses to Dismiss Action Seeking to Classify Student-Athletes as Employees

September 1, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

A case that may signal the continued erosion of the amateur status of college student-athletes will continue as the action in Ralph “Trey” Johnson et al. v. NCAA has survived the defendants’ motion to dismiss the complaint.

U.S. District Court Judge John Padova allowed the six student-athlete plaintiffs’ claims against

NCAA Division I Council Approves Interim Name, Image and Likeness Policy Which Places Additional Burdens on Conferences and Schools

June 29, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

In its ongoing reaction to the recent unanimous Supreme Court decision in NCAA v. Alston finding the NCAA in violation of federal antitrust laws, the NCAA Division I Council has voted to support the interim name, image and likeness (NIL) policy provided below. The NCAA Board of Directors will now

The Hits Keep Coming: NCAA Loses Another Name, Image, and Likeness Court Decision

June 25, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

The NCAA has lost an additional federal court battle on name, image, and likeness (NIL) compensation for student-athletes just days after the U.S. Supreme Court’s unanimous decision confirming the Ninth Circuit’s ruling that the NCAA’s limitation on education-related benefits for student-athletes violates federal antitrust laws.

In its latest legal

The Wait Is Over…What’s Next for the NCAA?

June 24, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

It was a class action case that captured the attention of sports fans across the country: The United States Supreme Court agreed to tackle the issue of “amateurism” in collegiate sports, and the extent to which the National Collegiate Athletic Association (NCAA) could limit the education-related benefits that institutions of

NCAA v. Alston-The Wait Is Over..What’s Next for the NCAA

June 22, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

From the last line of Justice Kavanaugh’s concurring opinion, one thing is clear from the U.S. Supreme Court’s unanimous ruling against the NCAA in NCAA v. Alston,

“The NCAA is not above the law.”

The Supreme Court, in a unanimous opinion authored by Justice Neil Gorsuch and supported by all

Not All Fun and Games? College Athletes May Soon Drive a Hard Bargain With Union Support

June 7, 2021 | CDF Labor Law LLP Filed Under: Education Industry

On May 27, 2021, Sens. Bernie Sanders (I-Vt.) and Chris Murphy (D-Conn.) introduced the College Athlete Right to Organize Act seeking to provide collective bargaining rights for college athletes. Specifically, the bill seeks to amend the National Labor Relations Act (NLRA) to define any college athlete as an employee, if they receive any direct compensation (inclusive of scholarships and other forms of financial aid).

New Federal Legislation Proposal Authorizes Student-Athletes to Unionize

May 27, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

A group of Democratic U.S. Senators, led by Senator Chris Murphy (D-Conn.) and Senator Bernie Sanders (D-Vt.) have introduced the College Athlete Right to Organize Act. The proposed legislation would amend the National Labor Relations Act (NLRA) and provide student-athletes collective bargaining rights, regardless of any existing state law restrictions.

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

May 12, 2021 | Ogletree Deakins Filed Under: Education Industry

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 for additional guidance from the NCAA to address some of the questions left unanswered, the only additional communication from

State Name, Image, and Likeness Laws With July 1st Effective Dates Continue To Grow

May 7, 2021 | Jackson Lewis Filed Under: Education Industry

Jackson Lewis

The race to enact Name, Image and Likeness (NIL) legislation moves forward on a state-by-state basis while the NCAA continues to hold its promised formal NIL legislation in abeyance while awaiting one of several federal legislative proposals to move forward. While the number of states that have either introduced legislation

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