On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. (together, SFFA). The SFFA decision held that race-conscious admissions policies violate the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. While the departments’ guidance provides institutions with suggested approaches for supporting student body diversity, it also leaves open other important questions, including the funding and use of race-conscious scholarships and other financial assistance.
Category: Counseling & Compliance Training
New York State DOL Issues Amended WARN Regulations
The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses to provide advance notice of closures and layoffs to the Commissioner of Labor and affected employees. The NY WARN regulations are more expansive than the federal WARN regulations, defining “covered business” as any private business employing 50 or more full-time employees in New York. As outlined below, it also has stricter notice requirements.
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UK Government Announces Significant Increase to Immigration Fees
Employers and sponsors of overseas workers, as well as individuals who require permission to live and work in the UK, should take note of the upcoming fee increases and consider making applications early to offset the risk of paying more for future applications.
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State & Local Employment Law Developments: Q2 2023
The trend of increasing workplace regulations by state and local governments continued throughout the second quarter of 2023. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance.
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Significant Changes Ahead for Colorado Employers – Colorado’s 2023 Legislative Session Produces Extensive Employment Law Changes
The 2023 Colorado legislative session ended with the state significantly increasing employee protections through several laws that either created new protections or materially amended current protections.
DOJ Settles Discrimination Claims with Employers Using Campus Recruiting Services
In May, the U.S. Department of Justice announced that 10 employers have settled claims that they violated the Immigration and Nationality Act (INA) by posting discriminatory job advertisements on a college recruiting platform. These actions have cost individual employers over $300,000 and serve as a warning to make sure that online job boards are compliant with the INA before posting to them.
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