Universities

News & Analysis as of

The New FLSA Exemption Rules and Higher Education

As we previously reported, the Department of Labor has now issued its long-anticipated final overtime exemption rules for white collar workers. In addition, the DOL published more detailed guidance for higher education...more

The FLSA’s New Overtime Rule Is Here - Higher Ed Applications

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016,—will...more

Department of Education Cash Management Regulations To Become Effective

Final regulations promulgated last year by the United States Department of Education (the “Department”) become effective July 1, 2016. The Department stated that the purpose of the regulations is “to address recent changes in...more

Penalty Relief for Colleges and Universities Filing IRS Forms 1098-T, Tuition Statement, for 2016

Colleges, universities, vocational schools and other postsecondary educational institutions are required to furnish Forms 1098-T to students and the IRS annually reporting qualified tuition and related expenses paid by, or on...more

Is the DOL Lowering the Salary Threshold in its Overtime Regulations?

As the Office of Management and Budget continues to consider the DOL’s proposed regulations – to drastically increase the minimum salary that employees must be paid in order to be exempt from payment of overtime – industry...more

Georgia governor issues 17 vetoes

Georgia's Republican governor on Tuesday issued his final 16 vetoes of legislation passed this session by the GOP-controlled legislature, most notably breaking with his party over a controversial measure that would have...more

CFPB Cannot Force For-Profit College Group to Comply With Investigative Demand

On April 21, the United States District Court for the District of Columbia ruled that due to a lack of authority under existing consumer protection laws, the Consumer Financial Protection Bureau (“CFPB”) cannot require a...more

Massachusetts Court Holds Department of Revenue’s Guidance to Be Unreasonable

Northeastern University, the Trustees of Boston University, Wellesley College and 131 Willow Avenue, LLC prevailed in their appeal of the Massachusetts Department of Revenue’s (the Department) rejection of their Brownfields...more

CFPB lacked authority to issue CID issued to college accrediting organization, D.C. federal district court rules

The D.C. federal district court has ruled that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for Independent Colleges and Schools (ACICS) in August 2015....more

Illinois Appellate Court Upholds $2 Million Punitive Award Against Chicago State University

The due process review of a punitive damages award for excessiveness has a number of interconnected parts. A series of relatively small errors can quickly add up and dramatically skew the outcome of a review process that is...more

Open Communication and Collaboration Make Campus Networks Vulnerable to Cyberattack

Institutions of higher education face growing threats from cyber attackers. Instances of attacks on universities are increasing, with recent large-scale attacks at some of the country's top universities. Approximately one...more

The Rise of “Reverse Title-IX” Lawsuits – Do Colleges and Universities Have Anything to Fear?

Recently, Judge Gregory Woods of the Southern District of New York dismissed a Title IX lawsuit against Columbia University, asserting “reverse Title-IX” lawsuits do not constitute sex-based discrimination....more

Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor....more

4 takeaways for higher ed from the Alaburda student lawsuit verdict

Last week a California jury rejected a law school graduate’s claim that her alma mater falsified graduate-employment data in the much-anticipated Alaburda v. Thomas Jefferson School of Law trial. The lawsuit was filed on May...more

Alert: Negotiations on New Defense to Repayment Rules Fail: It's All Up to ED Now

Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education...more

Suit Seeks To Block N.C. “Bathroom Bill”

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination....more

More Money, More Problems? – The Rise of Compensation and Expectations for College Coaches

This is the second installment of a series regarding legal issues affecting college athletics that will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches of high profile...more

Senate Likely to Address Higher Education Bills Next Week

Next week, the Massachusetts Senate is likely to address legislation that will have an impact on higher education institutions in Massachusetts, their students and financial institutions extending loans to such students. ...more

Cyber Crime in Higher Education

With each passing year, higher education becomes a more vulnerable target of cybercrime. Symantec’s 2015 Internet Security Threat Report indicates that education is the third most frequently breached of the public or private...more

Response to data breach at UCLA creates controversy

Universities are an attractive target for hackers because they contain many access points in their networks, and the networks contain financial and personal data as well as intellectual property. Last summer, hackers breached...more

“Mattress Performance” Title IX Lawsuit Against Columbia Is Dismissed

Last May, a former Columbia University student sued the university over the circumstances around Emma Sulkowicz’s widely publicized “Mattress Project,” in which Sulkowicz vowed to carry a mattress around campus so long as the...more

Congressional Hearing Examines Free Speech and Tax Constraints on Campus Political Activity

Campuses across the country are wrestling with how free speech, tolerance, diversity and politics mix in a higher education environment. Recently, the Oversight Subcommittee of the House Ways and Means Committee examined the...more

Does your compliance program bear the hallmarks of excellence? 7 steps to support your program's maximum effectiveness

Colleges and universities face the daunting task of keeping pace with an ever-evolving landscape of regulation. Institutions need to ensure they are complying with the law, avoiding government intervention and fines,...more

If You Blinked You Might Have Missed Important Affordable Care Act Guidance

Notice 2015-87 issued by the IRS on December 16, 2015, provides guidance on numerous Affordable Care Act provisions. Below are some of the highlights....more

A Blogster's Miscellany: Thoughts on Judges, Living and Gone, and on a Former AG

LET’S HEAR IT FOR POLITICS. Justice Robert J. Cordy has received some serious praise since announcing earlier this month his intention to leave the Massachusetts Supreme Judicial Court this summer, three years before he...more

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