HR and the Courts — May 2024
CUPA-HR General Counsel Ira Shepard’s overview this month includes unfair labor practice charges related to campus protests of the Israel-Hamas war. An Employee Retirement Income Security Act lawsuit brought against Georgetown University was dismissed. The unionization of Dartmouth College’s men’s basketball team might force the IRS to consider whether student-athlete scholarships are taxable compensation. The IRS is also giving more scrutiny to name, image and likeness payments from booster groups to student-athletes. The Supreme Court ruled that employees need not show “significant” harm to claim discrimination because of a job transfer. Finally, the NLRB reports a 10% rise in cases due to both an increase in unionization efforts and unfair labor practice charges.