A lot has transpired in the world of education and workplace law over the past school year, and you may have been too distracted handling the day-to-day functions of your job to stay up to speed. But never fear – we have...more
5/25/2023
/ Affirmative Action ,
Artificial Intelligence ,
Bylaws ,
Child Custody ,
Colleges ,
Educational Institutions ,
Equal Pay ,
Gender Identity ,
Mental Health ,
Remote Learning ,
School Policies ,
School Safety ,
Students ,
Title IX ,
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
Right before the start of this school year, the DEA issued a warning regarding “rainbow fentanyl,” which, as the name suggests, is a brightly colored form of the opioid said to resemble candy or sidewalk chalk – and has the...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
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
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
Whether your school is aiming to be more diverse and inclusive or wanting to be in the best possible position to enforce religious tenets, it is important to consult with experienced independent or private school legal...more
9/8/2021
/ Anti-Discrimination Policies ,
Colleges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employee Handbooks ,
Employment Contract ,
Employment Discrimination ,
Liability ,
Ministerial Exception ,
Religious Schools ,
School Districts ,
School Policies ,
Students ,
Universities
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
The EEOC kicked off the unofficial start of summer with a bang by clearing the way for employers to offer their employees incentives to get the COVID-19 vaccine in new guidance released on the eve of the Memorial Day weekend....more
6/1/2021
/ Confidential Information ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Family Members ,
Gifts ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
The announcement yesterday from the CDC that fully vaccinated people no longer need to wear a mask or physically distance in any non-healthcare setting was a welcome relief for all Americans and a hopeful sign that we have...more
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
As colleges, universities, and other institutions of higher education grapple with how best to return to campus with some sense of pre-pandemic “normalcy” for the 2021-2022 academic year, the issue of whether to require...more
Many private and independent schools annually provide their employees with the convenience of on-campus flu vaccines – and now hope to extend this complimentary service to COVID-19 shots. In part, schools hope that easing the...more
In the wake of the ravages COVID-19 is wreaking on educational institutions, independent and private school boards of trustees are seeking clarity on legal protections for board members and boards of trustees acting on behalf...more
3/8/2021
/ Best Practices ,
Board Members ,
Board of Trustees ,
Colleges ,
D&O Insurance ,
Educational Institutions ,
Fiduciary Duty ,
Private Schools ,
School Boards ,
School Districts ,
Universities
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
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
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