Overtime Regulation Revamp Continues Forward Under Trump Administration With Two Notices of Proposed Rulemaking

John Christopher, Manley Burke, john.christopher@manleyburke.com On Thursday, March 7th, the Department of Labor published a proposed rule which, if implemented, would substantially modify the rules governing overtime pay—including increasing the salary threshold for overtime exemption from $23,660 ($455/week) to $35,308...
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California Appellate Court Breaks New Ground in Fraternity Litigation

OVERVIEW In California, no state appellate court had considered the issues of duty of care and vicarious liability in the fraternity context until the Court of Appeal of California issued its opinion in Barenborg v. Sigma Alpha Epsilon Fraternity in...
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Important Title IX Decision Involves Unnamed Fraternity Parties

Tim Burke, Manley Burke, tburke@manleyburke.com The U.S. Court of Appeals has affirmed the denial of Kansas State University’s Motions to Dismiss in a consolidated case that will likely have a lasting impact in how colleges and universities handle claims of...
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California Court of Appeal Instructs on What Constitutes Minimum Due Process

Tim Burke, Manley Burke, tburke@manleyburke.com It is understandable that colleges and universities are taking far more seriously issues related to sexual assault on campus than was historically the case. But, one court after another has found that far too frequently...
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First Sentences Handed Down following Tim Piazza’s death

Tim Burke, Manley Burke, tburke@manleyburke.com More than two years after the death of Timothy Piazza at Penn State, the first four members of the Beta Theta Pi chapter who were involved in his death have received sentences of jail terms...
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Lawsuit Alleges Disturbing Hazing

Katherine Schoepflin, Manley Burke, kschoepflin@manleyburke.com When a prospective member of a fraternity is seriously injured or dies as a result of hazing, in addition to likely criminal charges against the wrongdoers, a civil lawsuit will likely follow against the wrongdoers,...
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Charges Dismissed Against Pi Kappa Alpha

Tim Burke, Manley Burke, tburke@manleyburke.com In December of 2017, in a highly unusual, indeed inexplicable move, Pi Kappa Alpha International Fraternity, Inc. was indicted for hazing. Some fifteen months later, in a short Court Order, Judge Kelley Andrews—Presiding Judge of...
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Good News and Not So Good News in the Challenge to USC's Deferred Recruitment Policy

Tim Burke, Manley Burke, tburke@manleyburke.com On May 1st, the Court of Appeal for the State of California, Second Appellate District, announced its decision1 in the lawsuit challenging the University of Southern California’s deferred recruitment policy. That lawsuit, which was originally...
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Hang ‘em all…it is easier than figuring out who is guilty.

Tim Burke, Manley Burke, tburke@manleyburke.com As reported in the March 2019 issue of Fraternal Law, the zoning ordinance of the City of Bloomington, Indiana, was found to violate both the Indiana and U.S. Constitutions  because of the manner in which...
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New Hampshire Law Infringes on Voting Rights

Tim Burke, Manley Burke LPA, tburke@manleyburke.com On behalf of two Dartmouth College sophomores, the ACLU has filed suit in United States District Court to block a New Hampshire state law that would require college students who register to vote in...
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