The U.S. National Science Foundation (NSF) has implemented new rules requiring institutions of higher education (IHEs) to submit annual reports regarding financial support of $50,000 or more received directly or indirectly...more
On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden...more
The U.S. Department of Labor (DOL) has proposed to substantially raise the pay thresholds that must be met for employees to be classified as exempt from overtime under the Fair Labor Standards Act (FLSA) “white-collar”...more
On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more
The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers...more
The Consumer Financial Protection Bureau (CFPB) issued Supervisory Highlights in late September 2022 stating that post-secondary institutions that provide loans directly to students (Institutional Lenders) and that have...more
This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more
On June 23, 2022, the U.S. Department of Education (ED) released its long-awaited proposal to amend ED's regulations implementing Title IX of the Education Amendments of 1972 (Title IX). ED’s proposed regulations include...more
After nearly one year of advocacy efforts and watchful waiting by education associations and other stakeholders, Congress has now confirmed via legislation that institutions may approach incentive payment requirements for...more
Join us for the second program of the intercollegiate webinar series on Wednesday, December 8, 2021 as we unpack legal issues related to the hiring (and firing) of college coaches.
We have special guests from both sides of...more
11/15/2021
/ Best Practices ,
Buyouts ,
Coaches ,
Colleges ,
Continuing Legal Education ,
Contract Drafting ,
Contract Terms ,
Hiring & Firing ,
Life Insurance ,
NCAA ,
Webinars
Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more
10/15/2021
/ Alston v NCAA ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
SCOTUS ,
Section 7 ,
Student Athletes ,
Student Employees ,
Unions
On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more
On 29 July 2021, the Biden Administration announced a wave of White House programs to boost vaccination rates in the United States, including programs aimed directly at federal contractors. These initiatives, summarized in a...more
Just days ago, in NCAA v. Alston, the Supreme Court unanimously ruled that the NCAA may place no limits on “education-related” benefits to student-athletes. Siding with current and former student-athlete plaintiffs, the Court...more
As we’ve previously reported in detail, on November 1, 2019, the U.S. Department of Education (ED) published final rules concerning state authorization of distance education programs and other topics. Notably, the new rules...more
On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to...more
In response to the COVID-19 pandemic, universities have had to make difficult, but important, decisions to protect the health of their students, among others. By necessity, these decisions have affected the way students are...more
On April 9, the U.S. Department of Education (ED) released information and guidance related to the Higher Education Emergency Relief Fund (HEERF), the approximately US$14 billion fund created under the Coronavirus Aid, Relief...more
The COVID-19 pandemic has sparked renewed interest in offering online programs, both in the United States and internationally, as a means for students to continue their studies on an uninterrupted basis. The U.S. Department...more
The Student and Exchange Visitor Program (SEVP) released guidance on 9 March 2020 regarding potential procedural adaptions that SEVP-certified schools may take to address COVID-19. On behalf of the Department of Homeland...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
F-1 Visa ,
Foreign Exchange Students ,
Foreign Nationals ,
Foreign Students ,
Immigration Procedures ,
Infectious Diseases ,
M-1 Visa ,
Non-Immigrant Visas ,
Public Health ,
SEVP ,
USCIS ,
Visas
On 5 March 2020, the U.S. Department of Education (ED) published an electronic announcement to provide guidance on compliance with federal student financial aid (Title IV) requirements in connection with students for whom...more
3/10/2020
/ Best Practices ,
China ,
Colleges ,
Coronavirus/COVID-19 ,
Department of Education ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Students ,
Title IV ,
Universities
On 4 February 2020, the Office of Management and Budget (OMB) announced that OMB and the U.S. Department of Education (ED) have decided to withdraw the emergency information collection request that ED had submitted to OCR on...more
2/12/2020
/ Department of Education ,
Disclosure Requirements ,
Education Reform ,
Educational Institutions ,
Gifts ,
Higher Education Act ,
Information Management ,
New Regulations ,
OMB ,
Regulatory Requirements ,
Reporting Requirements
On 17 December 2019, the U.S. Department of Education (ED) published in the Federal Register notice of a new information collection request (ICR) related to reporting requirements under Section 117 of the Higher Education Act...more
12/31/2019
/ Department of Education ,
Disclosure Requirements ,
Education Reform ,
Educational Institutions ,
Gifts ,
Higher Education Act ,
Information Management ,
New Regulations ,
OMB ,
Regulatory Requirements ,
Reporting Requirements
Two recent antitrust investigations by the U.S. Department of Justice (DOJ) into student recruitment practices highlight the agency's increased interest in higher education. These investigations are the latest in a number of...more
Higher education institutions increasingly leverage P3s to deliver campus projects, including with respect to energy and utility assets, instead of traditional project structures that involve the institution owning and...more
10/18/2019
/ Carbon Emissions ,
Colleges ,
Construction Project ,
Educational Institutions ,
Electricity ,
Energy Efficiency ,
Infrastructure ,
Project Finance ,
Public Private Partnerships (P3s) ,
Public Projects ,
Real Estate Development ,
State and Local Government ,
Universities ,
Urban Planning & Development