Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more
9/13/2024
/ Colleges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Harassment ,
Jurisdiction ,
Pending Litigation ,
Public Schools ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Students ,
Title IX ,
Universities
This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more
8/26/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Non-Compete Agreements ,
Pending Litigation ,
Popular ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more
The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten...more
6/7/2024
/ Antitrust Litigation ,
Class Action ,
College Athletes ,
Colleges ,
Compensation ,
Federal Labor Laws ,
NCAA ,
NLRA ,
NLRB ,
Revenue Sharing ,
Settlement ,
State Labor Laws ,
Student Athletes ,
Universities
The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education...more
5/10/2024
/ Anti-Discrimination Policies ,
Biden Administration ,
Colleges ,
Compliance ,
Department of Education ,
Educational Institutions ,
Final Rules ,
LGBTQ ,
Pregnancy ,
Reporting Requirements ,
Sex Discrimination ,
Sexual Harassment ,
Title IX ,
Universities
Federal agencies have been busy bees this spring, releasing multiple rules that will have a serious impact on employers’ labor and employment practices. This alert provides a high-level summary of some major updates from the...more
4/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Minimum Salary ,
Non-Compete Agreements ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision...more
Institutions of higher education (IHEs) are often focal points of community activity, and inevitably attract all members of the public to various events and programs that take place on campus, including the youngest—and most...more
On September 15, 2023, the New York City Department of Consumer and Worker Protection issued a Final Rule (Final Rule) amending the Rules of the City of New York governing the Earned Safe and Sick Time Act (the Act). The...more
A new rule, proposed by the U.S. Department of Labor's Wage and Hour Division (DOL) on August 30, 2023 (the Proposed Rule), will expand the group of workers who are entitled to overtime. If implemented, the Proposed Rule will...more
9/20/2023
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more
9/11/2023
/ Civil Rights Act ,
Colleges ,
Department of Education ,
Educational Institutions ,
Employment Litigation ,
Failure to Accommodate ,
Gender Identity ,
LGBTQ ,
OCR ,
Proposed Rules ,
Religious Beliefs ,
Religious Discrimination ,
Retaliation ,
School Districts ,
Sexual Orientation ,
Students ,
Teachers ,
Title IX ,
Title VII ,
Transgender ,
Universities
On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more
1/24/2023
/ 501(c)(3) ,
Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new...more
Publicly available artificial intelligence (AI) programs and applications (apps), and the tasks they can perform, have been gaining much more attention lately. The average internet user can access websites and apps that use...more
With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur...more
One of the chief concerns for any employer is determining the proper exemption status of its workers to ensure compliance with federal, state, and local wage and hour laws. Getting the exemption status of an employee...more
Fall has arrived and the academic year has kicked off for a majority of institutions of higher education (IHEs). In addition to the normal considerations for onboarding new students and faculty, IHEs will likely...more
For administrators and staff of institutions of higher education (IHEs), "summer break" may not be the vacation they want it to be - while the summer months may seem slower when most students are away, this time still...more
Severance agreements outline the rights and responsibilities of both the employer and employee at the point that an employee separates from their job. These contracts summarize the benefits the employee will receive upon...more
6/2/2022
/ Colleges ,
Confidential Information ,
Confidentiality Policies ,
Contract Drafting ,
Contract Terms ,
Employer Liability Issues ,
Hiring & Firing ,
Non-Disparagement Provisions ,
Severance Agreements ,
Student Privacy ,
Universities
Colleges and universities are grappling with the proliferation of mental health issues among their student populations in the wake of COVID-19 as they deal with the effects of burnout, limited support resources, and social...more
It is no stretch to suggest that the upcoming midterm elections will be a hotbed of political activity across all spectrums. Each election cycle presents exciting opportunities for institutions of higher education (IHEs) and...more
4/1/2022
/ Colleges ,
Educational Institutions ,
Employment Policies ,
General Elections ,
IRS ,
NLRA ,
Political Campaigns ,
Political Candidates ,
Political Speech ,
Protected Concerted Activity ,
State Elections ,
Universities ,
Voter Registration
For institutions of higher education (IHEs), diversity, equity, and inclusion (DEI) is a top priority. DEI is achieved through a culture and policies that recognize the value of the unique abilities and perspectives of every...more
On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), drastically limiting the scope of pre-dispute arbitration agreements and class/collective...more
On Monday, January 24, 2022, the Supreme Court of the United States (the Supreme Court) announced it will hear a challenge to the use of affirmative action in admissions for institutions of higher education (IHE). The two...more
2/3/2022
/ Affirmative Action ,
Certiorari ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Race Discrimination ,
SCOTUS ,
Title VI ,
Universities