Institutions of higher education have seen a rise in student unionization under the National Labor Relations Act (NLRA). As part of this process, educational institutions often are required to disclose student-related...more
On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in CCST v. U.S. Dept. of Education, reversing the order of the U.S. District Court for the Western District of Texas, and granting a...more
On March 27, 2024, in a long-awaited decision that carries major implications for 501(c)(3) organizations and independent schools, the Fourth Circuit held that an independent school’s 501(c)(3) tax-exempt status did not...more
Education institutions at both the K-12 and higher education levels have grappled with complex First Amendment and anti-discrimination issues since the events occurring in Gaza in October 2023. A new lawsuit in the U.S....more
On Sept. 19, 2023, the Virginia Court of Appeals held in Fogleman v. Commonwealth of Virginia, that the General Assembly has not waived sovereign immunity under the Virginia Human Rights Act (VHRA), either expressly or by...more
On June 13, 2023, the City of Norfolk Circuit Court held in Jordan v. Sch. Bd. of the City of Norfolk that sovereign immunity bars a plaintiff’s claims against the Norfolk City School Board for allegedly violating the...more
As social media and K-12 education issues continue to evolve, on April 24, 2023, the U.S. Supreme Court granted certiorari in a case concerning an interesting, yet important issue: Under the First Amendment, when can elected...more
On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports.
Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more
On March 2, 2023, the U.S. Department of Education announced it will hold individuals representing corporations or other legal entities, including a member of the board of directors or a chief executive officer, personally...more
On Jan. 31, 2023, the U.S. Department of Education Office for Civil Rights (OCR) published a fact sheet titled “Diversity and Inclusion Activities Under Title VI.” Title VI prohibits discrimination based on race, color or...more
Historically, most independent schools have not been subject to Title IX of the Education Amendments Act of 1972 because they do not accept federal funds. As a result, many independent schools carefully evaluate whether to...more
On March 21, 2022, the Virginia Safety and Health Codes Board rescinded the commonwealth’s COVID-19 workplace safety regulations, the first regulations of their kind enacted in the United States. In their place, the...more
On Jan. 24, 2022, the U.S. Supreme Court agreed to hear two cases on the use of race in undergraduate admissions. Just one month later, federal district courts were already beginning to hear challenges to similar programs...more
Schools should be aware of several notable developments in the application and enforcement of Title IX. These developments include a federal decision on the most recent 2020 amendments to the Title IX regulations, a letter...more
Less than two weeks after the U.S. Supreme Court’s significant decision in NCAA v. Alston, college athletes secured yet another win in their prospects for compensation. The NCAA recently announced a new interim policy...more
On June 21, 2021, the U.S. Supreme Court issued a historic opinion concerning the NCAA and its policies on student-athlete compensation. The Court’s ruling signals potentially drastic changes to come in the NCAA’s...more
On May 5, 2021, the U.S. Department of Labor (DOL) eliminated a Trump administration end-of-term rule for determining whether workers should be classified as independent contractors or employees under the Fair Labor Standards...more
On April 27, 2021, President Biden signed an Executive Order (EO) requiring federal contractors performing service, construction or concession contracts to pay a $15 minimum wage to those employees who are working on such...more
In the first four months of 2021, numerous states, including Virginia, New Mexico, New York and New Jersey passed laws dismantling restrictions on recreational and medical cannabis. Employers in these states are raising...more
On Aug. 13, 2020, the District of Columbia enacted the Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020. The new law requires D.C. employers to implement social distancing and worker protection...more
On April 27, 2020, the District of Columbia enacted the D.C. Transportation Benefits Equity Amendment Act of 2020. The new law requires certain D.C. employers to reduce the number of employees who commute into the city by...more
On April 27, 2020, the District of Columbia enacted the Leave to Vote Amendment Act of 2020. Once the D.C. government funds the new law, it will grant all D.C. employees paid leave to vote in person and will grant students a...more
On March 26, 2020, the U.S. Department of Labor (DOL) issued a series of opinion letters clarifying how to calculate properly an employee’s “regular rate” under the Fair Labor Standards Act (FLSA) for overtime payment...more