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Latest Cases & Developments
Date:
U.S. Dep.’t of Labor OIRA Filing (July 12, 2023)
U.S. Department of Labor filing with the Office of Information and Regulatory Affairs (OIRA). Through this action pursuant to Executive Order 12866, the Department shared with OIRA its proposed rule on Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. OIRA has 90 days to conduct a cost-benefit analysis before returning the proposed rule to the Department for publication in the Federal Register.
Topics:
Faculty & Staff | Fair Labor Standards Act (FLSA) & Categorization of EmployeesDate:
Lee v. Yale Univ. (2nd Cir. June 20, 2023)
Summary Order affirming dismissal. Plaintiff, a forensic psychologist and former voluntary Assistant Clinical Professor in the Law and Psychiatry Division of the Yale School of Medicine, brought contract and state law claims against the University, alleging it violated her academic freedom when it declined to renew her appointment citing ethical concerns over her public statements diagnosing political figures with a “shared psychosis.” In affirming dismissal, the Second Circuit held that her contract claims failed because she had not adequately alleged a promise to renew her appointment even in the face of such public statements. It further held that her claim under a state statute establishing liability for an employer who disciplines or discharges an employee for exercising First Amendment rights failed because she had not adequately alleged remuneration.
Topics:
Academic Performance and Misconduct | Employee Discipline & Due Process | Faculty & Staff | Students
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