School and Higher Education

Playing with Fire – Are You Using PBIS Appropriately with Disciplinary Removals?

By D|K's School and Higher Education Law Team In August, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released guidance regarding the use of positive behavioral interventions and supports (PBIS) in individualized education programs (IEPs). OSEP outlined schools’ obligations in providing PBIS to ensure that...

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U.S. Supreme Court to Weigh in on Transgender Issue as Wisconsin Federal Judge Allows Transgender Discrimination Lawsuit to Proceed Under Title IX

By D|K's School and Higher Education Law Team On October 28, 2016, the U.S. Supreme Court agreed to hear the appeal of the 4th Circuit’s decision in the G.G. v. Gloucester County School Board (discussed in our Client Alert dated August 8, 2016), which will clarify the status of the law and split in lower court decisions. The U. S. Supreme Court...

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Are Your District Websites Accessible to Individuals with Disabilities?

By D|K's School and Higher Education Law Team An increasing area of attention for the U.S. Department of Education Office of Civil Rights (OCR) is whether school districts are providing accessible websites for individuals with disabilities. OCR has heightened its enforcement actions against larger educational institutions over the past few years...

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Temporary Workers and the FMLA: What You Don’t Know Can Hurt You

Temporary Workers and the FMLA: What You Don’t Know Can Hurt You

By Laurie E. Meyer Temporary Workers and the FMLA As most employers know, the federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the...

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Federal District Court in Texas Issues Preliminary Injunction Halting Federal Government’s Enforcement of Transgender Discrimination Guidance

By D|K's School and Higher Education Law Team A new development has arisen in the current evolution of transgender discrimination law applicable to school districts and other entities receiving federal money throughout the country. The latest turn involves a Texas federal district judge’s decision to issue a preliminary injunction against the...

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Temporary Workers and the FMLA: What You Don’t Know Can Hurt You

OFCCP Updates Sex Discrimination Guidelines for Government Contractors

By Laurie Meyer On June 14, 2016 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued a final rule (set forth in 41 C.F.R. Part 60-20), which for the first time since 1970, updated the sex discrimination guidelines applicable to federal government contractors and subcontractors as well as contractors and...

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EEOC Releases Final ADA Wellness Program Rules and Sample Notice

Workplace wellness programs have been a complex and controversial topic in recent years with Equal Employment Opportunity Commission (EEOC) lawsuits, proposed rules, and now final rules. On May 17, 2016, the EEOC issued a final rule (the “Rule”) to amend the regulations and guidance implementing Title I of the Americans with Disabilities Act...

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Continuing “Education” – Developing Law and Guidance on Transgender Discrimination Against Students and Employees

By D|K's School and Higher Education Law Team The legal rights of individuals who identify as “transgender” and “gender nonconforming” are at the forefront of our national attention. As this area of the law continues to develop, it is critical that school districts and employers review policies and procedures to understand the various compliance...

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New overtime rules announced. Millions of employees impacted. Are you ready?

New overtime rules announced. Millions of employees impacted. Are you ready?

By Laurie E. Meyer & Bruce B. Deadman Breaking News: Federal Judge Blocks DOL Overtime Rules (November 23, 2016) Original May 2016 article: On Tuesday, May 17, the Department of Labor (DOL) announced new rules on overtime pay, fulfilling President Obama’s 2014 promise to raise the salary level at which employers are required to pay overtime....

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