As schools prepare for the upcoming academic year, you should consider the impact of Florida’s new law addressing locker room and bathroom use. The Safety in Private Spaces Act was recently signed into law by Governor...more
The Supreme Court just severely restricted higher educational institutions from using race or ethnicity as part of their admissions process, curbing the practice of using affirmative action principles during admissions for...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
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 ,
Universities
Florida lawmakers passed a bill on Wednesday that will make it a crime for individuals to use certain bathrooms that don’t align with their gender at birth, raising many questions for schools, public employers, and businesses...more
5/5/2023
/ Colleges ,
Educational Institutions ,
Employer Liability Issues ,
Employment Policies ,
Florida ,
Gender Discrimination ,
Gender Identity ,
New Legislation ,
Public Employers ,
Rules of Professional Conduct ,
School Districts ,
School Policies ,
Sex Discrimination ,
Universities
Schools may soon face repercussions from the liquidity crisis caused by Silicon Valley Bank’s collapse, subsequent bank failures, and the resulting financial tremors rippling across the country. Many of those employed by...more
The United States Supreme Court is poised to decide the future of race-conscious admissions in higher education – and potentially alter the landscape of affirmative action in education across the country. At issue in two...more
1/12/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
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
This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more
9/9/2022
/ Business Closures ,
Corporate Counsel ,
Disaster Preparedness ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Visas ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
While the great majority of schools will not be requiring their students or staff to be vaccinated against COVID-19 this coming school year, that’s not necessarily true for schools in the Northeast and on the West Coast....more
9/7/2022
/ Colleges ,
Coronavirus/COVID-19 ,
Distance Learning ,
Educational Institutions ,
Masks ,
Private Schools ,
Professors ,
Public Schools ,
Religious Schools ,
Remote Learning ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities ,
Vaccinations
Just days after a Baltimore court dropped a bombshell on the nation’s private and independent school community by ruling that a school’s nonprofit status automatically led it to be subject to Title IX, a California federal...more
In a decision that should put the nation’s private and independent school community on notice, a federal judge in Baltimore recently ruled that a school’s nonprofit status in and of itself constituted the receipt of federal...more
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
As early as April 5, 2020, we warned independent schools that accepting COVID stimulus cash in the form of loans could put you on the hook to comply with several federal laws you might not be familiar with, including Title...more
We recently provided our predictions for what education employers could expect to see in the area of workplace law over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition....more
4/29/2022
/ Child Abuse ,
Employer Liability Issues ,
Equal Pay ,
Gender Identity ,
Name and Likeness ,
Private Schools ,
Public Schools ,
Reasonable Accommodation ,
Religious Schools ,
School Districts ,
School Policies ,
Student Athletes ,
Students ,
Teachers ,
Transgender ,
Wage and Hour
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
4/27/2022
/ 401k ,
Car Dealerships ,
Cyber Attacks ,
Educational Institutions ,
Employee Benefits ,
Employee Retention ,
Employer Group Health Plans ,
Employment Policies ,
Excessive Fees ,
Gender Identity ,
Health Plan Sponsors ,
Hiring & Firing ,
Job Descriptions ,
Leave of Absence ,
Mental Health ,
Paid Leave ,
Reasonable Accommodation ,
Religious Institutions ,
Remote Working ,
Students ,
Wage and Hour
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
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
Florida Governor Ron DeSantis just signed into law the Parents’ Bill of Rights on June 29, enumerating the rights of parents and legal guardians to “direct the upbringing, education, health care, and mental health” of their...more
7/2/2021
/ Emergency Response ,
Governor DeSantis ,
Guardians ,
Health Care Providers ,
Minor Children ,
New Legislation ,
Parental Consent ,
Parental Rights ,
Physicians ,
Private Schools ,
Students ,
Written Consent
After unanimous approval by both Florida’s Senate and House, Governor Ron DeSantis signed the Educator Conduct Act on June 21, amending several sections of the state’s K-20 Education Code and imposing new statutory...more
6/24/2021
/ Background Checks ,
Charter Schools ,
Confidentiality Agreements ,
Department of Education ,
Disqualification ,
Employee Training ,
Ethical Standards ,
Hiring & Firing ,
New Legislation ,
Posting Requirements ,
Private Schools ,
Public Schools ,
Recordkeeping Requirements ,
Scholarships ,
School Districts ,
School Policies ,
Students ,
Teachers
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
Our firm just published a “Silver Linings Playbook” gleaned from our various practice groups and industry teams highlighting the various ways that businesses can emerge for the better after the pandemic. While educational...more
5/3/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Hiring & Firing ,
Information Technology ,
Interviews ,
Job Applicants ,
Paycheck Protection Program (PPP) ,
Professors ,
Remote Learning ,
Remote Working ,
School Districts ,
Students ,
Teachers ,
Universities ,
Videoconference
There is no doubt that 2020 brought huge challenges for schools. As we near the end of the first semester and plan for the rest of the 2020-2021 school year and beyond, there are some lessons we can learn, some processes to...more
11/30/2020
/ Anti-Discrimination Policies ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Employee Handbooks ,
Employment Contract ,
Gender Identity ,
Health and Safety ,
Infectious Diseases ,
Pay Equity Laws ,
Paycheck Protection Program (PPP) ,
School Districts ,
School Policies ,
Social Justice Issues ,
Student Enrollment ,
Students ,
Teachers ,
Universities ,
Wage and Hour
The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...more
11/24/2020
/ Comment Period ,
Corporate Counsel ,
Educational Institutions ,
Employee Rights ,
Employer Rights ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Guidance Update ,
LGBTQ ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Public Comment ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Religious Expression ,
Religious Institutions ,
Religious Schools ,
Religious Workers ,
School Policies ,
Title VII
The Centers for Disease Control and Prevention (CDC) recently released updated guidance on COVID-19 testing protocols for K-12 schools, making clear that the Equal Employment Opportunity Commission (EEOC) permits schools to...more
By a 7-to-2 vote, the U.S. Supreme Court issued an important and expansive ruling for religious institutions yesterday, holding that the “ministerial exception” primarily requires an inquiry into whether an employee carries...more
7/9/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
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