Higher Education
Overview
Colleges and universities, both public and private, have unique legal needs. Higher education institutions must maintain compliance with a complex array of regulatory and statutory requirements while providing the best and safest environment for faculty, students, staff, visitors and other stakeholders. These requirements are all in addition to the basic corporate, contract, employment, and other legal issues all businesses encounter.
Bean, Kinney & Korman has decades of experience in key areas responding to these issues. Tim Hughes and Doug Taylor are members of the National Association of College and University Attorneys. We are approved counsel in Virginia for a leading higher education insurer and have extensive specific higher education experience in a broad range of services including:
Academic Programs
Study abroad programs and activities
Academic Integrity
Student Conduct
Grade appeals
Section 504 of the Rehabilitation Act
Americans with Disabilities Act
First Amendment Issues
Sexual Misconduct
Title IX of the Education Amendments of 1972
Title IX policies, procedures, and investigations
Titles VI, VI, and VII of the Civil Rights Act of 1964
Virginia Sexual Assault Reporting Statute
Virginia Transcript Notation Statute
Employment and Human Resources
Recruitment and Retention
Employee training – Title IX and Title VII
Employee discipline
Wage / Hour classifications and audits
Equal Employment Opportunity Commission
Retirement Benefits
Faculty Tenure
Executive Compensation
Age Discrimination in Employment Act
Family and Medical Leave Act
Fair Credit Reporting Act
Disabilities / Accommodations
Americans with Disabilities Act
Section 504 of the Rehabilitation Act
Information Privacy and Cybersecurity
Family Educational Rights and Privacy Act of 1974
EU General Data Protection Regulation
Health Insurance Portability and Accountability Act
Campus Safety
Clery Act
Violence Against Women Reauthorization Act
Minors on campus
Federal Financial Aid
Title IV of the Higher Education Act of 1965
Department of Education financial aid audits
Student Housing
Fair Housing Act of 1968
Virginia Fair Housing Law
Contracts and Procurement
Vendor contracts; leasing and land use; construction
Records Retention and Management
Intellectual Property and Technology Protection
Insurance and Risk Management
Federal / State litigation defense
Employment law litigation
Personal injury litigation
Board Governance
Best Practices
Strategic / Sustainability Planning
Risk Management
Shared Governance
Diversity
Bylaws Updates
Non-Profit Tax Compliance
Unrelated Business Income Tax
Real Property Tax Planning and Appeals
Tax-exempt Financing
Endowments and Charitable Giving
Publications
- Unpacking The University of Virginia’s New Legacy Admissions Approach
September 5, 2023 - Student can sue over lack of due process
Virginia Lawyers Weekly, September 5, 2022 - Are California-Style Right of Recall and Worker Retention Laws Right for Virginia?
LinkedIn, October 22, 2020 - New Employee Protections for Non-Payment of Wages Go Into Effect in Virginia
July 21, 2020 - New Protections against Workplace Discrimination Based on Sexual Orientation, Gender Identity, and Pregnancy Now in Effect in Virginia
July 21, 2020 - New Enhanced Whistleblower Protections for Virginia Employees Now in Effect
July 21, 2020 - Virginia Law Now Prohibits Non-Compete Restrictions for Low-Wage Employees
July 21, 2020 - Virginia Joins Lawsuit to Block Implementation of New Title IX Final Rule
June 15, 2020 - Virginia Enacts New, Far-Reaching Employment Laws
Arlington Chamber of Commerce Blog, June 3, 2020 - What Can Employers Ask and Do About Their Employee’s Health During the Coronavirus Crisis? Answers from the EEOC
April 14, 2020 - Documentation and Recordkeeping: COVID-19 Paid Leave and Employer Paid Leave Tax Credits
April 7, 2020 - Emergency Paid Leave Laws: DOL Issues Additional FAQs to Answer Employer Questions
April 2, 2020 - Wages & Benefits Questions During the Coronavirus Business Downturn
Arlington Chamber of Commerce Blog, April 1, 2020 - DOL Issues Second FAQs: Provides More Guidance to Employers on Paid Leave Laws
March 30, 2020 - Trump Signs Law: U.S. Workers Get Expanded FMLA Leave and Paid Sick Leave
March 19, 2020 - House Amendments to Families First Coronavirus Act – Mixed Bag for Employee Leave Benefits
March 18, 2020 - Families First Coronavirus Response Act
March 16, 2020 - What Can I Ask Job Applicants? Some Basic Do’s and Don’ts
LinkedIn, November 13, 2019 - New Virginia Law Requires Employer Disclosure of Requested Personnel Records
October 3, 2019 - Employers Take Heed: DOL Reiterates You Cannot Delay FMLA Designation Beyond Five Business Days
LinkedIn, September 18, 2019
Blogs
- Mental Health Crisis Management for Employers
Employment Law, Tuesday November 19, 2024 - Courts Issue Mixed Rulings in Legal Challenges to FTC’s Ban on Non-Competes. What Should Employers Do Now?
Employment Law, Monday November 11, 2024 - EEOC’s 2024 Litigation Has Focused on the ADA and PWFA
Employment Law, Thursday November 7, 2024 - Do Employees Have the Right to Federal Holidays Off?
Employment Law, Friday October 25, 2024 - NLRB Adds “Stay-or-Pay” Provisions to the List of Employee Restrictions that Violate Federal Law
Employment Law, Wednesday October 16, 2024 - Corporate Transparency Act Reporting Deadlines Are Here!
Business Insights, Wednesday October 16, 2024 - Employers: Be Careful What You Say About a Former Employee. Inflammatory Posts Can Result in a Charge of Retaliation
Employment Law, Wednesday October 9, 2024 - Best Practices for Terminating Remote Workers in Virginia
Employment Law, Wednesday October 2, 2024 - Will Virginia’s New Massive Education Union Influence K-12 and College Labor Policies?
Employment Law, Monday September 16, 2024 - Mini-COBRA Laws in Virginia, DC, and Maryland: What Small Business Employers and Benefit Managers Should Know
Employment Law, Thursday September 12, 2024 - Pay Transparency: Key Insights for Employers in the DMV
Employment Law, Thursday July 25, 2024 - OSHA Proposes New Heat Injury and Illness Protections for Workers
Employment Law, Wednesday July 17, 2024 - New Virginia Higher Ed Laws: A Significant Shift in College Admissions
Employment Law, Monday July 8, 2024 - With the Demise of the Chevron Doctrine, Will the FTC’s Ban on Non-Competes Survive Judicial Review?
Employment Law, Tuesday July 2, 2024 - Is a Private School’s 501(c)(3) Status Enough to Subject it to Title IX Compliance Obligations?
Employment Law, Wednesday April 17, 2024 - EEOC Doubles Enforcement Effort Against Employers in FY2023
Employment Law, Wednesday April 10, 2024 - What is a “Low Wage” Worker and Why It Matters to Virginia Employers
Employment Law, Wednesday February 7, 2024 - When Stormy Weather Closes Your Business, Do You Still Have to Pay Your Employees?
Employment Law, Monday January 22, 2024 - NLRB Delays Start Date for New Joint Employer Rule
Employment Law, Wednesday November 22, 2023 - Are You a Joint Employer Under the NLRB’s New Rule? Why it Matters to Your Business
Employment Law, Thursday November 16, 2023 - The Risks of Reusing Employment Document Templates
Employment Law, Monday October 30, 2023 - EEOC Touts its Aggressive Enforcement Efforts in FY’23
Employment Law, Monday October 2, 2023 - New Overtime Protections: What Employers and Employees Need to Know
Employment Law, Thursday September 14, 2023 - EEOC Proposes New Regulations for Pregnant Workers Fairness Act
Employment Law, Tuesday August 15, 2023 - NLRB Adopts Employee-Friendly Standard for Evaluating Workplace Rules
Employment Law, Tuesday August 8, 2023 - Unraveling the Legal Labyrinth of Workplace Retaliation Claims
Employment Law, Monday July 10, 2023 - Will Liability Waivers Bar the Families of the Titan Expedition Victims from Recovering Damages?
Employment Law, Wednesday July 5, 2023 - Employee Noncompetes Violate Federal Labor Law, According to NLRB General Counsel
Employment Law, Tuesday June 27, 2023 - NLRB Ditches Trump-Era Independent Contractor Test – Reverts to 2014 Obama Standard
Employment Law, Wednesday June 21, 2023 - Holidays and Calculating FMLA Leave
Employment Law, Thursday June 1, 2023 - Remote Work Revolution: Legal Challenges and Telecommuting
Employment Law, Monday May 15, 2023 - Elon Musk’s “What Not to Do” Moments – Part 4: Racial Discrimination by Supervisors Should Never be Tolerated!
Employment Law, Tuesday April 11, 2023 - Elon Musk’s “What Not to Do” Moments – Part 3: Just Say No to Twitter!
Employment Law, Thursday April 6, 2023 - FTC Votes to Extend Public Comment Period for Proposed Ban on Non-Competes
Employment Law, Monday March 20, 2023 - Elon Musk’s “What Not to Do” Moments, Part 2: Don’t Forget to Tell Your Employees That They Have Been Terminated!
Employment Law, Monday March 13, 2023 - Elon Musk’s “What Not to Do” Moment: Don’t Insult Your Disabled Employees on Twitter!
Employment Law, Thursday March 9, 2023 - Equal Pay and Your Workplace: What Employers Need to Know
Employment Law, Wednesday March 8, 2023 - NLRB Changes Rules for Employee Severance Agreements
Employment Law, Friday February 24, 2023 - Best Practices to Reduce Employer Risks in Implementing a Reduction-in-Force
Employment Law, Wednesday February 22, 2023 - Data Security in the Technological World
Employment Law, Thursday February 16, 2023 - DOL: Best Practices to Minimize Risks of Remote Worker Unpaid Wage Claims
Employment Law, Tuesday February 14, 2023 - OCR Says School Diversity, Equity and Inclusion Activities Do Not Violate Title VI’s Prohibition Against Race Discrimination
Employment Law, Wednesday February 8, 2023 - Federal Trade Commission Proposes Rule to Ban Employer Non-Compete Agreements
Employment Law, Monday January 9, 2023 - Understanding the Pros and Cons of Pay Transparency
Employment Law, Tuesday January 3, 2023 - What Employers Need to Know About Office Holiday Parties
Employment Law, Thursday December 1, 2022 - New “Know Your Rights” Poster Issued by the EEOC
Employment Law, Monday October 24, 2022 - Does Title IX Prohibit Discrimination Based on Sexual Orientation and Gender Identity? Not according to Virginia and Other States
Employment Law, Monday August 22, 2022 - 501(c)(3) Tax Exempt Status, Private Schools, and Title IX
Employment Law, Friday August 12, 2022 - The Pandemic Has Evolved: EEOC Issues Updated COVID-19 Viral Testing Guidance for Employers
Employment Law, Thursday July 21, 2022 - Fourth Circuit: Title VII Doesn’t Require Civility at Work
Employment Law, Monday July 18, 2022 - Are Emotional Distress Damages Recoverable Under Title IX? No, Says the Supreme Court.
Employment Law, Monday July 11, 2022 - What Impact Will the Biden Administration’s New Proposed Title IX Regulations Have on Colleges and Universities?
Employment Law, Wednesday July 6, 2022 - DOLI Moves to Repeal Virginia’s COVID-19 Workplace Safety Regulations
Employment Law, Thursday February 24, 2022 - Are Facemasks Still Required in Virginia Workplaces?
Employment Law, Friday January 28, 2022 - Big News for Big Employers: Sixth Circuit Court of Appeals Reinstates OSHA COVID Workplace Safety Standards for Large Employers
Employment Law, Monday December 20, 2021 - Fourth Circuit Concludes that Title IX’s Prohibition Against Discrimination on the Basis of “Sex” May Extend to Charter School Uniforms
Employment Law, Wednesday August 11, 2021 - Virginia Expands Workplace Protections for Individuals with Disabilities
Employment Law, Monday July 12, 2021 - The New Virginia Overtime Wage Act: Big Changes are Coming for Many Virginia Employers
Employment Law, Thursday July 1, 2021 - Tackling the New Normal – EEOC Issues Updated Guidance for COVID-19 Vaccines in the Workplace
Employment Law, Tuesday June 8, 2021 - Fourth Circuit Nixes Appellate Review of Arbitration Award
Employment Law, Thursday May 27, 2021 - Fourth Circuit Adopts Expansive View of Same-Sex Harassment
Employment Law, Tuesday May 25, 2021 - COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021
Employment Law, Tuesday April 13, 2021 - COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021
Business Insights, Tuesday April 13, 2021 - Bean, Kinney & Korman: Helping to Develop Cost-Effective COVID-19 Workplace Safety Policies and Procedures that Meet Virginia’s New Regulatory Requirements and OSHA, CDC Guidelines
Employment Law, Monday April 5, 2021 - Should we use In-House Counsel for Internal Investigations?
Employment Law, Tuesday March 23, 2021 - Legal Considerations When Terminating an Employee
Employment Law, Tuesday March 23, 2021 - Avoiding Liability Under the Fair Labor Standards Act
Employment Law, Tuesday March 23, 2021 - Complying with DC’s Accrued Sick and Safe Leave Requirements
Employment Law, Tuesday March 23, 2021 - Thinking About Hiring an Unpaid Intern this Summer?
Employment Law, Tuesday March 23, 2021 - OSHA Tells Employers: Vaccinated Employees Should Still Wear Face Coverings
Employment Law, Wednesday February 3, 2021 - DOL Explains FLSA Travel Time Payment Rules for Part-Day-Telework Employees
Employment Law, Friday January 15, 2021 - DOL Allows Employers to Electronically Post Required FLSA/FMLA Notices
Employment Law, Friday January 8, 2021 - DOL Adjusts their View of Telemedicine to Support FMLA Leave
Employment Law, Monday January 4, 2021 - Deck the Halls (but stay Home) this Holiday Season
Employment Law, Tuesday November 3, 2020 - The IRS Chief Counsel’s Informal Guidance Clarifies Some Issues Left Open after Notice 2020-65 Regarding the “Payroll Tax Holiday”
Business Insights, Wednesday October 14, 2020 - The IRS Chief Counsel’s Informal Guidance Clarifies Some Issues Left Open after Notice 2020-65 Regarding the “Payroll Tax Holiday”
Employment Law, Wednesday October 14, 2020 - IRS Releases Instructions to Form 941 Expanding on Prior Guidance on Deferral of Social Security Tax
Employment Law, Thursday October 8, 2020 - Virginia Phase 3 Reopening: Will a COVID-19 Liability Waiver Protect Your Business from Legal Risks?
Employment Law, Monday July 6, 2020 - Summer Camps Closed Due to COVID-19? DOL Issues Additional Guidance for FFCRA Leave Eligibility
Employment Law, Wednesday July 1, 2020 - Employer Antibody Testing for COVID-19 Violates the ADA, According to New EEOC Guidance
Employment Law, Friday June 19, 2020 - DOL Final Rule: Employers Can Pay Bonuses and Premium Pay Under FLSA Fluctuating Workweek Compensation
Employment Law, Tuesday June 9, 2020 - Can Virginia Employees Still Get Paid Leave Under the FFCRA After Businesses Reopen and Schools Close?
Employment Law, Wednesday June 3, 2020 - Virginia Adds a “Ban the Box” Law for Pot Possession
Employment Law, Tuesday May 26, 2020 - Employees in Virginia are Heading Back to the Workplace. What Can Employers Ask or Do?
Employment Law, Tuesday May 19, 2020 - Virginia Enacts Dramatic and Far-Reaching Employment Law Protections
Employment Law, Monday April 27, 2020
Events
- Big Changes Coming to Your Business
Online, Thursday, June 27, 2024 - COVID-19 Vaccine Rollout: Key Legal Considerations for Employers
Online, Wednesday, March 10, 2021 - COVID-19 Vaccines are Here: Key Public Health and Legal Considerations for Employers
Online, Wednesday, January 27, 2021 - Remote Work Is Here to Stay: Key Legal Issues for Employers
Webcast recording - view on demand, Tuesday, December 15, 2020 - 2020 Legal Drama in the Commonwealth:
Online, Thursday, November 19, 2020 - Overview of Virginia Department of Labor and Industry COVID-19 Regulations for Employers
Online, Tuesday, August 4, 2020 - Webinar: Moving Beyond COVID-19 – EEOC/DOL/IRS Guidance and Getting Back to Business
Online, Friday, May 1, 2020 - Webinar: Moving Beyond COVID-19
Online, Thursday, April 30, 2020