In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime....more
8/2/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Faculty ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Private Schools ,
Teachers ,
Threshold Requirements
As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more
7/12/2024
/ 501(c)(3) ,
Employee Rights ,
Employment Policies ,
First Amendment ,
General Elections ,
NLRA ,
NLRB ,
Nonprofits ,
Political Expression ,
Political Speech ,
Presidential Elections ,
Private Schools
In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial...more
Each year, new issues, technologies, and events impact the way that independent schools set and carry out their expectations, values, and procedures in their communities. As independent schools embark on the 2024-2025 school...more
3/4/2024
/ 501(c)(3) ,
Artificial Intelligence ,
Employee Handbooks ,
Employment Policies ,
Handbooks ,
Name and Likeness ,
NLRA ,
NLRB ,
Nonprofits ,
Private Schools ,
School Policies ,
Section 7 ,
Student Athletes
Independent schools with more than 100 employees are reminded that they have a legal obligation to file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC)—and the December 5 deadline is here. If an...more
With COVID-era travel restrictions in the rearview mirror, school-sponsored student travel is quickly accelerating back to pre-pandemic levels. As an integral part of the curriculum and an engine to provide a vibrant and...more
As independent schools work to promote equity, understanding, and inclusion of students across the gender spectrum on their campuses, it seems that legislative efforts on the state and federal levels are moving in the...more
On June 29, 2023, in a set of consolidated cases (Students for Fair Admissions v. Presidents & Fellows of Harvard and Students for Fair Admissions v. University of North Carolina et al.), the Supreme Court overturned...more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Private Schools ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
Many independent schools have developed or are in the process of developing policies and procedures regarding students who are transgender or gender non-conforming. Often, the laws that govern these issues are not applicable...more
Reviewing your school's student and employee handbooks on a regular basis is an invaluable practice for ensuring that these documents accurately reflect the school's expectations, values, and procedures, as well as ensuring...more
Yesterday, Governor Wes Moore signed into law the Child Victims Act of 2023, which permits survivors of child sexual abuse to file a civil lawsuit at any time, repealing both the current statute of limitations and the statute...more
Student safety and security is of paramount importance in independent schools. While the goal of a hiring process is primarily to find the best candidate for the position, it is imperative that schools craft policies and...more
Independent school business officers are tasked with a wide range of responsibilities, including payroll, accounting, accounts payable, investments, and facility security. Unfortunately, many independent schools are...more
Independent schools often contract with vendors to support the school's operations and delivery of its curriculum and programming, including transportation providers, food service, cleaning and facilities maintenance,...more
In early August, the New York State Department of Health announced the New York Healthcare Worker Bonus (“HWB”) program. The HWB program aims to award New York's frontline healthcare workers with $1.2 billion in...more
Historically, independent schools have not been required to comply with certain federal non-discrimination laws, including Title IX of the Education Amendments Act of 1972 (Title IX), because they did not accept federal...more
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
Independent schools hold a significant amount of data. Information regularly collected by schools includes Social Security numbers, financial aid information, student medical information, and donor information....more
Social media platforms continue to be a useful way to share information, keep in touch with friends and family, and even promote an independent school; however, they also can continue to create headaches for independent...more
1/20/2022
/ Anonymity ,
Confidential Information ,
Educational Institutions ,
Harassment ,
Hashtags ,
NLRA ,
Online Platforms ,
Online Reputation ,
Political Speech ,
Protected Activity ,
Regulatory Standards ,
Reputation Management ,
Section 7 ,
Social Media ,
Social Media Policy ,
Social Networks ,
Statement of Opinion
As we previously wrote, on September 9, 2021 President Biden announced a strategy to combat COVID-19 that, among other things, directed the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Educational Institutions ,
Employer Liability Issues ,
Employer Mandates ,
Employer Rights ,
Employment Policies ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Public Schools ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety