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|NLRB Regional Director Holds Northwestern University Football Players Are Employees, And Can Unionize|
Vorys Sater Seymour Pease LLP;
April 3, 2014, previously published on March 27, 2014Yesterday, the NLRB’s regional director for Region 13, Peter Ohr, issued a 24-page ruling in which he held that college football players at Northwestern University were employees entitled to the right to organize. Ohr reasoned that the players met the standard for an employee under the NLRA...
|Northwestern University - The NLRB Should Have Passed|
Terry L. Potter; Husch Blackwell LLP;
April 2, 2014, previously published on March 31, 2014The Regional Director for the Chicago office of the NLRB issued a decision this week finding that football players receiving scholarships at Northwestern University constituted an appropriate unit for purposes of collective bargaining under the NLRA. From my perspective, the decision is flawed in...
|A Mundane Lesson from an Important Decision, or, the Importance of Presenting Evidence|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
April 1, 2014, previously published on March 20, 2014While many Kansans eagerly awaited the Kansas Supreme Court main decision on the constitutionality of school finance, the court also issued a holding reminding counsel that plaintiffs must prove standing, and defendants may raise this jurisdictional issue at any time.
|Update on Recent Education Legislation Carbon Monoxide Devices for School Facilities and Conflict of Interests|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
April 1, 2014, previously published on March 13, 2014According to the Legislative Counsel’s Digest, the Leroy F. Greene School Facilities Act of 1998 currently provides that specified new school facilities construction projects that are subject to the approval of the Department of General Services must include an automatic fire detection,...
|Non-Courtside Madness? Resume Fraud Costs Manhattan Coach Steve Masiello From Securing South Florida Coaching Job|
Jennifer B. Rubin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 31, 2014, previously published on March 27, 2014Our attention on the NCAA college basketball tournament was temporarily diverted by the non-courtside drama that played out this week when the University of South Florida revoked its head coaching offer to Steve Masiello after it learned that he lied about his educational credentials.
|Bracketology 101: Part 2 - Survive and Advance: NLRB Says Northwestern Football Players Can Unionize|
Tyrone P. Thomas; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 31, 2014, previously published on March 27, 2014Last week, we placed the union recognition effort of Northwestern University’s football players as the No. 1 seed in the Midwest Region in our blog entry of issues that may change the face of the Final Four. That issue has now certainly cemented its No. 1 status. In a decision with...
|Sometimes Your Mistakes Are Not Held Against You|
Jason K. Wright; Weltman, Weinberg & Reis Co., L.P.A.;
March 31, 2014, previously published on March 27, 2014One of my favorite sayings is "I have never seen anyone punished for doing the right thing." I have had many opportunities to share this advice with others, and it's true. The people who will judge your conduct later will ultimately measure you against their own set of beliefs regarding...
|NLRB Regional Director Rules Northwestern University Football Players Have the Right to Unionize|
R. Joseph Stennis; Wyatt, Tarrant & Combs, LLP;
March 31, 2014, previously published on March 27, 2014Yesterday afternoon the Director of the NLRB’s regional office located in Chicago, Illinois ruled in a landmark decision that Northwestern University football players presently on scholarship at the school are an “employee” as that term is defined under the National Labor...
|Contracts Must Be Clear When Adding Percentage-Based Collection Fees to Delinquent Student Accounts|
Sharon Pietras; Weltman, Weinberg & Reis Co., L.P.A.;
March 31, 2014, previously published on March 27, 2014Each school has an obligation to honor the terms set forth in their enrollment contracts with students, particularly when it comes to adding collection fees to delinquent accounts. Although the school, as an original creditor, may not be subject to the Fair Debt Collection Practices Act (FDCPA),...
|Is Your Tuition Receivable Discharged in Your Debtor's Bankruptcy?|
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
March 31, 2014, previously published on March 27, 2014This is not always a simple answer. The answer to whether or not your tuition receivable is discharged in your debtor's bankruptcy may depend on two issues: (1) the factual scenario the student became liable for the tuition debt; and (2) the court jurisdiction where the student filed bankruptcy.