March 2023 Community College Legal Update Newsletter

Notable decisions in this issue include:

• School district response to a citizen’s conduct during board meetings, though reasonable in part, violated his free speech rights, resulting in $299,200 attorney’s fees award.
• Former offshore oilrig employee was not exempt under the Fair Labor Standards Act of 1938 and was eligible for overtime pay despite earning $200,000 per year since he was paid a daily rate instead of being paid on a salary basis. 
• Student’s claim against a university for breach of contract and unjust enrichment related to the move to remote learning during COVID-19 pandemic was dismissed because the university was shielded by the Pandemic Liability Protection Act.