In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more
7/24/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Former Employee ,
Health Insurance ,
Retirement ,
SCOTUS ,
Stanley v City of Sanford Florida
The Department of Labor (DOL) recently released an AI & Inclusive Hiring Framework, including ten focus areas employers should consider in order to remain compliant and avoid artificial intelligence (AI) hiring...more
U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more
7/17/2024
/ College Athletes ,
Colleges ,
Compensation ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Right to Control ,
Universities
The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education...more
5/10/2024
/ Anti-Discrimination Policies ,
Biden Administration ,
Colleges ,
Compliance ,
Department of Education ,
Educational Institutions ,
Final Rules ,
LGBTQ ,
Pregnancy ,
Reporting Requirements ,
Sex Discrimination ,
Sexual Harassment ,
Title IX ,
Universities
U.S. privacy laws continue to develop in the new year, as several jurisdictions have enacted and updated privacy legislation. There are now 15 states with comprehensive data privacy laws: California, Colorado, Connecticut,...more
Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more
6/30/2023
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Interactive Process ,
Medical Leave ,
Mental Health ,
Reasonable Accommodation ,
Retaliation ,
Termination
Consistent with its obligation to revisit the sexual harassment resources it publishes every four years, New York State recently finalized updates to its Model Sexual Harassment Policy (the "Model Policy") and Model Sexual...more
As we previously discussed, the Federal Trade Commission (FTC) has proposed a rule that, if enacted, would result in a nearly complete nationwide ban on employers' use of non-compete agreements. The rule has passed through...more
On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more
1/24/2023
/ 501(c)(3) ,
Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new...more
On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers....more
In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those...more
9/27/2022
/ Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Section 7 ,
Tesla ,
Uniforms ,
Union Insignia ,
Unions ,
United Auto Workers ,
Wal-Mart
As the 2022-2023 school year begins, independent schools should revisit their COVID-19 protocols. The newer COVID-19 variants have proved to be milder than the original strain, justifying shorter self-isolation periods...more
As we turn the page to summer break, it is not too early for independent school leaders to think about the next school year and plan for back-to-school training of faculty and staff. Independent schools would be wise to...more
6/14/2022
/ Best Practices ,
Coronavirus/COVID-19 ,
Employee Training ,
Harassment ,
Mandatory Reporting Laws ,
Mental Health ,
Policies and Procedures ,
Private Schools ,
Sexual Harassment ,
Students ,
Training
As New York independent schools prepare for the 2022-2023 school year, they would be wise to review their employee handbooks and other employee-facing policies to ensure they are in compliance with the most recent New York...more
With many heads of school retiring, independent schools are finding themselves in a transition period as they adjust to building relationships with a new head of school. Searching for a new head of school involves time,...more
Spring has arrived, which means that it is time for independent schools to consider updating their employee and parent-student handbooks for the 2022-2023 school year. As many schools experienced a surge of conduct, mental...more
As we enter hiring season in a very tight job market, school administrators may feel tempted to reach an understanding with other school leaders not to recruit or hire employees from each other. The Department of Justice...more