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 July 11, 2024, the U.S. Court of Appeals for the Seventh Circuit held in Consumer Financial Protection Bureau v. Townstone Financial, Inc. that the Equal Credit Opportunity Act (“ECOA”) protects prospective applicants and...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
Best practices in the area of ERISA health and welfare plan governance are evolving. Concerned group health plan fiduciaries have been evaluating compliance processes while facing a set of rigorous fiduciary duties imposed by...more
In a win for employee retirement plan sponsors and investment managers alike, the U.S. District Court for the Southern District of California recently ruled in favor of the defendants following a bench trial in a class action...more
Since July 1, 2020, Virginia has prohibited employers from entering into, enforcing or threatening to enforce non-compete agreements with “low wage employees.” The definition of “low wage employee” periodically changes...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
Courts and litigants have long acknowledged that, to qualify as a “trade secret,” information must have “independent economic value” derived from its secrecy. Some commentators believe this requirement has been fairly...more
On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
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
For over 100 years, tenure has provided the security of an indefinite academic appointment to professors across the United States. Tenure is a lifetime contract between institutions of higher education and their faculty that...more
On Jan. 12, 2023, the U.S. District Court for the District of New Jersey held in Ramos v. WalMart, Inc. that Pennsylvania plaintiffs have up to six years to file claims against employers for improper use of criminal history...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 July 16, in Smith v. Professional Transportation Inc., the Seventh Circuit answered what might at first seem like an unnecessary question: how does a plaintiff “commence” an FLSA lawsuit? Under most circumstances, of...more
Virginia has adopted permanent COVID-19 safety rules for employers that will remain in effect as long as the commonwealth remains in a state of emergency. When that ends, the Safety and Health Codes Board will determine...more
On May 6, 2020, the Department of Education (DOE) issued the long-awaited final Title IX regulations, which go into effect Aug. 14, 2020. This tight timeline will mean a lot of policy and procedure changes for many schools in...more
On May 6, 2020, the Department of Education (DOE) issued the long-awaited final Title IX regulations, which go into effect Aug. 14, 2020. This tight timeline will mean a lot of policy and procedure changes for many schools in...more
On April 12, 2020, Virginia Gov. Ralph Northam signed a series of new employee protection laws related to employee unpaid wage complaints. Notably, the enactment of HB 123 and SB 838, known as the Wage Theft Law, for the...more
In March and April 2020, Gov. Ralph Northam signed multiple bills into law meant to combat worker misclassification. The new legislation creates a private cause of action for misclassified workers, prohibits retaliation...more
Since the COVID-19 crisis began, employees have submitted unsafe workplace complaints to the U.S. Occupational Safety and Health Administration (OSHA) in record numbers. Some of these employees have staged strikes to ensure...more
Although Virginia’s recent amendments to its Human Rights Act have garnered the most media attention, Gov. Ralph Northam has also signed or proposed amending several other laws that will significantly impact Virginia...more
On April 11, 2020, Gov. Ralph Northam signed the Virginia Values Act (VVA), making Virginia the first state in the South to enact comprehensive protections for the LGBTQ community against discrimination in employment,...more
Since the enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, states have rapidly begun to expand COVID-19-related consumer financial protections, including those regarding...more
The Consumer Financial Protection Bureau announced on April 1, 2020, that it will take a “flexible approach” to supervision and enforcement practices under the Fair Credit Reporting Act and Regulation V because of the CARES...more