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U.S. Department of Education Signals It Will Revise Title IX Guidance

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

Food and Beverage Law Update: August 2017

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Office for Civil Rights Changes Complaint Investigation Policy

Reversing the practice under the Obama Administration, the U.S. Department of Education's Office for Civil Rights (OCR) has just issued new internal guidance changing how regional OCR offices will investigate discrimination...more

Massachusetts Enacts Groundbreaking Pay Equity Law

Massachusetts enacted the most expansive pay equity law in the country on Aug. 1, 2016. The law, which the Massachusetts legislature passed unanimously, amends and expands the Massachusetts Equal Pay Act (MEPA), defining...more

Federal Government Provides Schools New Guidance Regarding Transgender Students

Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more

Defend Trade Secrets Act Approved by Congress - The Legislation Has Implications for Employers and Trade Secret Holders Nationwide

The U.S. House of Representatives passed the Defend Trade Secrets Act (DTSA) on April 27, 2016, significant legislation that proposes to amend the Economic Espionage Act. The DTSA had previously passed the Senate and is...more

Shootings on Campus: Institutions Should Review These Security Measures Now

The disturbing increase in campus shooting tragedies demands a careful review of campus safety measures. Recent incidents in several states remind us that violence can erupt without much, if any, advance warning. Educational...more

Using Student Medical Records: Department of Education Issues New Guidance

When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more

Office for Civil Rights Issues New Guidance for Title IX Coordinators

The children's rhyme regarding April showers bringing May flowers should be revised to include reference to April also bringing guidance from the U.S. Department of Education's Office for Civil Rights (OCR). For the third...more

5/4/2015  /  OCR , Sex Discrimination , Title IX

The New FBI Study on Active Shooters – Is Your Workplace Safe?

The FBI's much anticipated study of active shooter incidents in the United States between 2000 and 2013 was released at the end of 2014. This federal study is the first of its kind and its findings are eye-opening, dispelling...more

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

Massachusetts Voters Approve New Sick Leave Law - Voters Approved a Ballot Measure Granting Workers Up to 40 Hours of Sick Leave...

With the approval of ballot Question 4 in the election on Nov. 4, 2014, workers in Massachusetts will soon have the statutory right to earn and use up to 40 hours of sick time per calendar year. The effective date of the new...more

U.S. Department of Education Publishes Final Campus Security Rules

The U.S. Department of Education (DOE) published final regulations implementing the Violence Against Women Reauthorization Act of 2013 (VAWA), including the Campus Sexual Violence Act (Campus SaVE). The regulations were...more

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more

U.S. Department of Education Issues Guidance to Protect Student Privacy Online

Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions...more

Bring Your Own Device Policies: What Employers Need to Know

Employers that allow their employees to use their own mobile devices for work purposes should have in place well-considered Bring Your Own Device (BYOD) policies.Effective employer BYOD policies anticipate and address a range...more

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as...more

$41.7 Million Jury Verdict Against School Triggers Scrutiny of Travel Abroad Programs

The $41.7 million jury verdict last week against The Hotchkiss School in Lakeville, Connecticut sent shock waves through the independent school community. A 15-year-old Hotchkiss student suffered insect bites on a...more

4/5/2013  /  Jury Verdicts , School Safety , Travel

Veterans Affairs Bans Incentive Compensation Based on Securing Student Enrollments or Financial Aid

This alert is designed to help educational institutions understand the new Improving Transparency of Education Opportunities for Veterans Act, which establishes a ban on incentive compensation based on success in securing...more

Deadline Approaches for Gainful Employment Disclosures

Institutions of higher education that receive Title IV funding must properly disclose certain information concerning course offerings that are or may be considered gainful employment programs by the U.S. Department of...more

Establishing a Culture of Ethical Behavior and Legal Compliance: Finding Perspective After Penn State and the Freeh Report

Ethical behaviors and legal compliance within any educational institution cannot be presumed; they must be cultivated, monitored and enforced. It is a team effort. It begins with senior leadership, including an informed and...more

9/24/2012  /  Child Abuse , Penn State , Sexual Abuse
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