U.S. Department of Education Takes Action Against Five Schools for Disbursing Federal Student Aid to Students Enrolled in Unaccredited Programs -
“The settlement agreements include the payment of liabilities for all five...more
10/2/2023
/ Colleges ,
Corporate Transparency Act ,
Cybersecurity ,
Data Security ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
Federal Student Aid ,
Legislative Agendas ,
Personal Data ,
Research Funding ,
School Districts ,
Students ,
Tax Exempt Entities ,
Universities
Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools -
On June 27, 2023, the Pregnant Workers Fairness Act went into effect. This new law requires covered...more
8/3/2023
/ Affirmative Action ,
Artificial Intelligence ,
Civil Rights Act ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Department of Education ,
Duty to Accommodate ,
Educational Institutions ,
Employer Liability Issues ,
Hackers ,
Legislative Agendas ,
LGBTQ ,
Loan Forgiveness ,
New Legislation ,
Personal Information ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
School Districts ,
Sports ,
Sports Injuries ,
Student Loans ,
Title IX ,
Undue Hardship ,
Universities
Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts -
"In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more
7/5/2023
/ Affirmative Action ,
Alston v NCAA ,
Artificial Intelligence ,
Biden Administration ,
Borrowers ,
Bots ,
Civil Rights Act ,
College Admissions ,
College Athletes ,
Colleges ,
Compensation ,
COPPA ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Facial Recognition Technology ,
FERPA ,
Florida ,
Fourteenth Amendment ,
IDEA ,
Mental Health ,
Multidistrict Litigation ,
Name and Likeness ,
NCAA ,
Privacy Laws ,
Race Discrimination ,
Repayment Options ,
SCOTUS ,
Social Media ,
SRO ,
Student Loans ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Technology ,
Title IX ,
Title VI ,
Title VII ,
Universities
In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more
6/26/2023
/ Biden Administration ,
Employees ,
Employer Covenants ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Section 7 ,
State Bans
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis-
“At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.”
...more
6/1/2023
/ Artificial Intelligence ,
Biotechnology ,
Bots ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employees ,
Enforcement Actions ,
Financial Services Industry ,
Healthcare ,
Investment ,
Popular ,
Ransomware ,
Research and Development ,
School Districts ,
Technology Sector ,
Telehealth ,
Universities
Summer is Coming: Are Youth Camps Part of Your Clery Compliance Program?
“Regarding compliance and safety, many institutions have youth protection policies that camps must follow.”
Why this is important: The Jeanne...more
5/24/2023
/ Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Debt ,
Educational Institutions ,
Loan Forgiveness ,
New Legislation ,
Ransomware ,
School Districts ,
Sports ,
Student Loans ,
Students ,
Universities
ChatGPT’s Impact on Education and Student Data Privacy -
Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more
5/1/2023
/ Alabama ,
Burden of Proof ,
Colleges ,
Commercial Litigation ,
Content Publishing ,
Defamation ,
First Amendment ,
Fox News ,
Free Speech ,
Human Trafficking ,
Libel ,
New Legislation ,
Permits ,
Political Speech ,
Public Forum ,
Public Use ,
Religious Accommodation ,
SCOTUS ,
Settlement ,
Students ,
Universities
What Employers Can Do When a Union Knocks on Their Door -
When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more
4/6/2023
/ 3D Printing ,
Amended Rules ,
Building Codes ,
Business Development ,
Citations ,
Construction Industry ,
Construction Project ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Employer Liability Issues ,
Enforcement Actions ,
Environmental Policies ,
Florida ,
Highways ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
North Carolina ,
OSHA ,
Pennsylvania ,
Permits ,
Property Owners ,
Proposed Legislation ,
Remote Working ,
State and Local Government ,
Sustainable Projects ,
Unions ,
Workplace Safety
Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements -
In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more
4/6/2023
/ Confidentiality Agreements ,
Confidentiality Policies ,
Construction Industry ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Former Employee ,
Harassment ,
Health and Safety ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Offer Letters ,
OSHA ,
Regulatory Requirements ,
Remote Working ,
Safety Violations ,
Section 7 ,
Severance Agreements ,
Strategic Enforcement Plan ,
Unions ,
Workplace Hazards ,
Workplace Safety
When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that...more
4/3/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
Florida ,
Labor Regulations ,
Labor Relations ,
NLRA ,
Protected Concerted Activity ,
State and Local Government ,
Strategic Planning ,
Unions
When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that...more
Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions -
On March 1, 2023, the U.S. Department of Education (“DOE”) released guidance related to the instances in which...more
3/24/2023
/ Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Florida ,
Gun Laws ,
Gun Permits ,
Loan Forgiveness ,
New Guidance ,
New Legislation ,
Pennsylvania ,
Personal Liability ,
Proposed Legislation ,
State Legislatures ,
Student Loans ,
Title IV ,
Universities ,
Virginia
Win in Court doesn’t Assure More Pennsylvania School Funding -
“Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more
3/2/2023
/ Colleges ,
Cybersecurity ,
Department of Labor (DOL) ,
Disabilities ,
Educational Institutions ,
Exemptions ,
First Amendment ,
Funding ,
Lactation Accommodation ,
Libraries ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Public Schools ,
Religious Schools ,
School Districts ,
State and Local Government ,
State Funding ,
Students ,
Third-Party Service Provider ,
TikTok ,
Title IX
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to correct discrimination and harassment in the construction industry following a review of data that revealed the construction sector to be...more
EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing -
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more
3/1/2023
/ Biden Administration ,
Building Standards ,
Business Entities ,
Buy America ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Discrimination ,
Diversity ,
Employer Liability Issues ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joint Venture ,
Minority-Owned Businesses ,
OMB ,
OSHA ,
Price Inflation ,
Proposed Rules ,
Regulatory Agenda ,
Section 8(a) ,
Small Business ,
Strategic Enforcement Plan ,
Supply Chain ,
Workplace Safety
In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers around the country. From Amazon workers in Jacksonville to Starbucks employees in 280 stores and counting,...more
Welcome to the second year of The Academic Advisor. The aim of this publication is to help our clients navigate the myriad legal issues and evolving regulatory landscape that affect schools, colleges and universities, and...more
1/18/2023
/ Colleges ,
DACA ,
Debt Forgiveness ,
Department of Education ,
Educational Institutions ,
Equal Protection ,
First Amendment ,
Freedom of Religion ,
Gender Discrimination ,
Gender Equity ,
Legislative Agendas ,
New Regulations ,
Regulatory Agenda ,
Sports ,
Student Athletes ,
Student Loans ,
Title IX ,
Transgender ,
Universities
Welcome to our 7th and final edition of The Academic Advisor for 2022 - our e-newsletter focused on education law insights.
In this issue, we discuss the academic strike occurring at the University of California and how...more
1/4/2023
/ Biden Administration ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Debt ,
Educational Institutions ,
LGBTQ ,
Loan Forgiveness ,
Policies and Procedures ,
Popular ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
Strike ,
Student Loans ,
Threat Management ,
Title IX ,
Unions ,
Universities
Welcome to the 12th and final issue of the year for The Site Report.
Top Three Construction Disputes and How to Avoid Them -
Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more
1/3/2023
/ 3-D Technology ,
3D Printing ,
Collective Bargaining ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contractors ,
Drones ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Contractors ,
Infrastructure ,
Inspections ,
Marijuana ,
Medical Marijuana ,
Popular ,
Subcontractors ,
Technology ,
Unions ,
Unmanned Aircraft Systems ,
Workplace Safety
In this fourth and final issue of SuperVision for 2022, we asked our Spilman Team to highlight some of the big labor and employment developments from 2022 and to preview issues they expect to see in 2023. Consider this our...more
12/15/2022
/ Collective Bargaining ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Marijuana ,
Pay Transparency ,
PHRA ,
Remote Working ,
Unions ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Welcome to our 6th edition of The Academic Advisor - our e-newsletter focused on education law insights. In this issue, we look at a variety of topics, including a recent federal court challenge to employment options for F-1...more
11/21/2022
/ Colleges ,
Cybersecurity ,
Department of Education ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Educational Institutions ,
F-1 Visa ,
Federal Trade Commission (FTC) ,
Foreign Exchange Students ,
FTC Act ,
Immigration and Nationality Act ,
Opioid ,
Personal Data ,
Ransomware ,
Section 5 ,
Student Privacy ,
Students ,
Substance Abuse ,
Title IX ,
Universities
Legal Challenges Mount for Biden’s Student Loan Debt Forgiveness Plan -
“Six Republican-led states and a libertarian policy organization sued the Biden administration over its plan to cancel up to $20,000 in student loan...more
10/19/2022
/ Biden Administration ,
College Admissions ,
Colleges ,
Department of Education ,
Educational Institutions ,
Financial Services Industry ,
Loan Forgiveness ,
Relief Measures ,
School Districts ,
Student Loans ,
Title IX ,
Universities
Welcome to our fourth edition of The Academic Advisor - our e-newsletter focused on education law insights. As schools settle into the pace of fall semester/terms, we understand that you may experiencing a variety of familiar...more
The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard -
On September 6, 2022, the National Labor Relations Board issued a notice of proposed rulemaking regarding the standard for determining joint employer status...more
9/9/2022
/ Anti-Harassment Policies ,
Employee Benefits ,
Employee Handbooks ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Franchises ,
Gender Dysphoria ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Remote Working ,
Reproductive Healthcare Issues ,
Unions
On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking ("NPRM") regarding the standard for determining joint employer status under the National Labor Relations Act...more