Higher Education

The Supreme Court’s recent rulings regarding affirmative action in university and college admissions are already having an impact on employers’ diversity, equity and inclusion (DE&I) efforts and policies. Join Derek Ishikawa and Employment Law Alliance thought leaders along with Dr. Ernest Gundling Aperian Global on September 7, 2023 to discuss the aftermath of these decisions…

The employment law landscape is always shifting, and there’s a lot to navigate, especially as the pandemic drags into its third year. On February 14, 2022, Hirschfeld Kraemer lawyers Steve Hirschfeld, Hieu Williams, Monte Grix, and Ferry Lopez presented a 90-minute webinar providing insight on the hottest developments in labor and employment law in 2021,…

OVERVIEW Opportunities for student-athletes to benefit from use of their name, image, and likeness (NIL) have opened up under new NCAA rules adopted in the face of pressure from state laws challenging NCAA’s former prohibition on student-athletes profiting from their own NIL. As of July 1, 2021, student-athletes who are U.S. citizens or lawful permanent…

Overlapping but fundamentally different legal developments in the last few weeks have transformed how the National Collegiate Athletic Association (NCAA) defines and applies “amateurism” – the core concept by which the NCAA’s more than 1000 member institutions and conferences collectively relate to college athletes, define and limit their rights, and seek to differentiate college athletics…

On Friday, March 12, 2021, the National Labor Relations Board (NLRB) abruptly reversed course and withdrew a proposed 2019 rule that would have barred graduate student teaching assistants at private colleges and universities from unionizing. If the proposed rule (drafted in September 2019 and nearly finalized in December 2020) had been implemented, it would have…

This year saw a host of changes to California employment laws, and not all of them resulted from the COVID-19 pandemic. While the laws changed rapidly to address the needs of employees and employers during these increasingly uncertain times, California laws changed significantly with regard to all sorts of everyday activities. Among other things: Employees…

As of last week, employers, co-workers, and teachers may now seek ex parte gun violence restraining orders against individuals shown to present a substantial likelihood of danger of self-harm or harm to others under A.B. 61. Signed into law by Governor Newsom on October 11, 2019, and effective as of September 1, 2020, A.B. 61…

As previously noted, the U.S. Department of Education issued its Final Rule on Title IX on May 15, 2020 with an effective date of August 14, 2020. Many K-12 and post-secondary institutions wondered whether the Final Rule would be applied retroactively. On August 5, 2020, the U.S. Department of Education Office of Civil Rights (OCR)…

As discussed in previous blog posts, on May 6, 2020, the U.S. Department of Education (DOE) announced a package of sweeping changes to Title IX (the Final Rule), scheduled to take effect August 14, 2020. Since that announcement, the Final Rule has faced significant criticism, including the following statement by American Council on Education President…

*** UPDATE *** June 26, 2020 – see this post about efforts to delay implementation of the Title IX changes outlined below June 24, 2020 – On May 6, 2020, the U.S. Department of Education (DOE) released its Final Rule under Title IX of the Education Amendments of 1972, which we blogged about here. Since…