As independent school Boards consider how to best support the mission of their schools, one place they can start is to ensure that their governance documents and procedures conform to both legal requirements and best...more
As protests erupt across college campuses, educational institutions are grappling with how to handle escalating situations and balance important interests like free speech and student safety. Colleges and universities are...more
Schools sometimes forget that they are businesses – and businesses are required to submit workforce demographic data to the Equal Employment Opportunity Commission (EEOC) by December 5 this year. This legal requirement...more
A recent lawsuit against a private school focuses on a lesser-known aspect of the Americans with Disabilities Act (ADA) and serves as a reminder that the law also protects employees and job applicants who have a relationship...more
Religious schools in New Jersey that make employment decisions based on the tenets of their faith just received a favorable ruling from the state’s highest court last week. The case involves an unmarried Catholic school...more
Even companies that diligently prepare non-competes and other restrictive covenants for their employees to sign often miss some of the essential steps necessary to ensure those agreements will later be enforceable. One rule...more
Last year, drawing on lessons learned during the pandemic, we provided a list of considerations for schools to take into account as you update your bylaws... Now that the school year is close to wrapping up and you cast your...more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
As the COVID-19 pandemic persists and a new academic year is upon us, private and independent schools are understandably exhausted by the additional obligations imposed upon them over the last two years. Many are resistant to...more
7/26/2022
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Infectious Diseases ,
Masks ,
School Policies ,
Students ,
Teachers ,
Universities ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Educational institutions across the country are facing an upcoming compliance deadline as the mandate-or-test workplace vaccine emergency rule will soon take effect (pending the outcome of ongoing litigation). The rule will...more
11/10/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Educational Institutions ,
Employer Mandates ,
Employment Policies ,
OSHA ,
Professors ,
Reasonable Accommodation ,
Religious Accommodation ,
Remote Working ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Independent and private schools are wondering how they will be affected by the impending vaccine-or-test mandate the Biden administration announced last week. The Occupational Safety and Health Administration (OSHA) will soon...more
9/16/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
OSHA ,
Professors ,
School Districts ,
Teachers ,
Universities ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As schools reflect on the most challenging year in memory and start a new one, you may want to consider using this time to update your school’s bylaws. There have been a number of lessons learned over the past 18 months that...more
9/9/2021
/ Audit Committee ,
Board Meetings ,
Board Members ,
Board of Trustees ,
Bylaws ,
Colleges ,
Educational Institutions ,
Resignation ,
School Boards ,
School Districts ,
Students ,
Universities ,
Virtual Meetings
The Centers for Disease Control and Prevention (CDC) just substantially relaxed its pandemic guidance for K-12 schools. While certain restrictions remain and the guidance may continue to evolve in the coming months,...more
7/13/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Masks ,
New Guidance ,
Re-Opening Guidelines ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Vaccinations
With less than a month left in the school year, yesterday’s guidance from the Centers for Disease Control and Prevention (CDC) stating that fully vaccinated people no longer need to wear a mask or physically distance, was met...more
5/14/2021
/ Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
School Districts ,
Students ,
Universities ,
Vaccinations ,
Workplace Safety
It appears to be official: unless the election results can be overturned in several states, Joe Biden will soon be our nation’s 46th president. Now the work begins to forecast what the next four years will bring. We’ve spent...more
11/9/2020
/ Affirmative Action ,
Biden Administration ,
Data Privacy ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Federal Labor Laws ,
Immigration Procedures ,
Immigration Reform ,
Labor Relations ,
Legislative Agendas ,
Paid Leave ,
Pay Equity Laws ,
Political Campaigns ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
The White House recently announced that nonimmigrant visa holder students may not remain in the United States if they take full online course loads in the fall. Additionally, the Department of State announced it will not...more
7/10/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Distance Learning ,
Educational Institutions ,
F-1 Visa ,
Foreign Exchange Students ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
M-1 Visa ,
Non-Immigrant Visas ,
Remote Learning ,
SEVP ,
Universities
As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location,...more
5/22/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Employer Responsibilities ,
Health and Safety ,
Personal Protective Equipment ,
Professors ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
School Districts ,
School Policies ,
Social Distancing ,
Students ,
Teachers ,
Tuition ,
Universities ,
Virus Testing ,
Workplace Safety
Many independent and private schools are contemplating applying for Paycheck Protection Program (PPP) and/or Economic Injury Disaster (EIDL) loans under the CARES Act. The PPP loan offers an attractive incentive in...more
4/9/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Civil Rights Act ,
Colleges ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Federal Loans ,
Financial Assistance Policies ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Rehabilitation Act ,
Relief Measures ,
SBA ,
School Districts ,
Title IX ,
Title VI ,
Universities
Many schools have closed temporarily and moved to remote learning processes consistent with local or state orders, health department, or CDC guidance. We are receiving many questions regarding how schools should manage...more
Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus – especially now that the...more
3/3/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Foreign Workers ,
Global Workforce ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
Labor Relations ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
WARN Act ,
Workplace Safety
The Centers for Disease Control (CDC) recently addressed the possible spread of COVID-2019 coronavirus across the United States and outlined contingency recommendations for schools and businesses. To help schools think...more
3/3/2020
/ Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
School Districts ,
School Policies ,
Students ,
Universities ,
Workplace Safety
California’s San Diego Unified School District recently disclosed that it had sustained a data breach when multiple phishing emails from malicious hackers were used to gather login information of staff members throughout the...more
6/6/2019
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employee Training ,
Encryption ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation ,
School Districts ,
Student Privacy
For the first time, a court used a civil rights law to hold a school district financially accountable in a case of student bullying. In the recent case of Cohen v. Philadelphia School District, the court awarded $500,000 to a...more
9/4/2018
/ Anti-Bullying Laws ,
Bullying ,
Gender Discrimination ,
Gender Identity ,
Harassment ,
Policies and Procedures ,
Private Schools ,
Public Schools ,
School Districts ,
Sex Discrimination ,
Students ,
Transgender
When it comes to filling vacant positions at your school, you not only need to find the best talent available, but you also need to locate faculty and administrators who will thrive in your unique community. In many cases,...more
The Family Medical Leave Act (FMLA) grants unpaid, job-protected leave to eligible employees for specified family and medical reasons, also providing them with continuation of group health insurance coverage under the same...more