|July 1, 2016 | www.fisherphillips.com|
The light criminal sentence meted out to former Stanford swimmer Brock Turner, coupled with a scathing independent report about the way Baylor University purportedly responded to claims of sex misconduct in general and sex misconduct claims against athletes in particular, has once again focused the nation’s collective attention on campus sex assault.
The Family Medical Leave Act (FMLA) grants unpaid, job-protected leave to eligible employees for specified family and medical reasons, also providing them with continuation of group health insurance coverage under the same terms and conditions as if they had not taken leave. Although schools (regardless of size) are required to comply with the notice-and-posting requirements of the FMLA, you need only provide job-protected FMLA leave if the employer is covered by the Act and the employee meets the eligibility requirements.
The long awaited changes to the federal wage and hour regulations were finally released by the Department of Labor (USDOL) on May 18, 2016. The changes, which generally relate to the salary basis amount required for the white collar exemptions, go into effect on December 1, 2016.
On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that reaffirmed its 2015 opinion letter on how Title IX’s regulations apply to transgender students. This latest guidance includes a publication summarizing best practices on how to handle student transition, privacy, confidentiality, student records, sex-segregated activities and facilities, and various support issues.