In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of
Articles Discussing The Workplace In The Education Industry.
NCAA Bars Transgender Athletes from Women’s Sports Aligning With President Trump’s Executive Order
On February 6, 2025, the National Collegiate Athletic Association (NCAA) announced its new policy, prohibiting athletes assigned male at birth from participating in women’s sports competitions, aligning the NCAA eligibility rules with President Donald Trump’s recent executive order (EO) barring transgender athletes from women’s sports. The new rules reverse a
Recent Executive Orders and Dear Colleague Letter Affecting Educational Institutions
In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our education clients.
Revised Executive Order 13899 – Combatting Anti-Semitism
The Stop Campus Hazing Act—The Bipartisan Effort to Prevent Hazing in Higher Education Settings
At least forty-four states have enacted laws prohibiting hazing. However, the regulations, penalties, and requirements vary significantly by state. The enactment of the federal Stop Campus Hazing Act (SCHA) exemplifies the bipartisan effort aimed at combating hazing and protecting the health and safety of students on college campuses. The SCHA’s
Five-Star High School Football Player Sues North Carolina State Board of Education Over NIL Prohibitions
Rolanda Brandon—the mother of sixteen-year-old star quarterback Faizon Brandon, the Greensboro, North Carolina, Grimsley High School football player who has committed to play for the University of Tennessee Volunteers in 2026—recently filed a lawsuit on behalf of her son in Wake County Superior Court, challenging the North Carolina State Board
Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees
The Third Circuit in Johnson v. NCAA ruled that athletes at NCAA Division I schools may be considered employees under the Fair Labor Standards Act. The Johnson decision creates a circuit split that could lead the United States Supreme Court to resolve this issue. Colleges and universities could face substantial
Antitrust—Labor Market Violations: NCAA Agrees to Stop Restricting College Athlete Transfers
The National Collegiate Athletic Association (NCAA) will stop enforcing rules restricting Division I athletes from transferring from one institution to another under a consent judgment filed in an antitrust lawsuit brought by the U.S. Department of Justice (DOJ), ten states, and the District of Columbia.
Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender Nondiscrimination Regulations
The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department has released a fact sheet, a summary of the major provisions of the 2024 Title
Biden Administration Proposes Rule to Amend Higher Education Act as Part of Latest Effort to Tackle Student Loan Debt
On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan borrowers.
NCAA Athletes as Employees Could Raise Immigration Concerns for International Students
A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of college athletes, could upend the structure of college sports and have unintended immigration consequences for international
Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions
On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining enforcement of the National Collegiate Athletic Association’s (NCAA) Name, Image, and Likeness (NIL) recruiting ban with respect to
NCAA Adopts Proposal for Stricter Name, Image, and Likeness Rules for Student-Athletes
On January 10, 2024, the National Collegiate Athletic Association’s (NCAA) Division I Council unanimously adopted a proposal for stricter student-athlete protections related to name, image, and likeness (NIL) rules. The protections include making education on NIL available to student-athletes and schools; the creation of standardized NIL contract recommendations; “voluntary” registration
Highlights of the Federal Proposals to Regulate NIL Deals
Although most Name, Image, and Likeness (NIL) laws exist at the state level, Congress is weighing several competing bills that seek to create uniform regulations across the country. These proposals have unique aspects that institutions and businesses interested in entering NIL endorsement deals should understand and be prepared to
The Year Ahead 2024: Higher Education
Welcome to We get work™ and The Year Ahead 2024 podcast series.
NCAA Proposes Classifying Certain NCAA Student Athletes as Employees
By: NCAA Proposes Classifying Certain NCAA Student Athletes as Employees
The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National Labor Relations Act. This year:
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