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Federal Court Blocks OSHA Vaccine Mandate

On Saturday, November 6, 2021, the 5th Circuit Court of Appeals, located in New Orleans, LA, issued a stay of the Biden Administration’s Covid vaccine mandate, published the day before. “Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action…

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Employee Benefits Update: IRS Benefit Plan Limitations

Late yesterday, the Internal Revenue Service issued most of the adjusted retirement plan limitations for 2022. As expected, most of the limits will be increased from 2021: Elective Deferral Limit: $20,500 (increased from $19,500 in 2021) Catch-Up Contributions: $6,500 (unchanged from 2021) 415 (Total) Plan Limit: $61,000 (increased from $58,000 in 2021) Compensation Limit: $305,000…

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President Biden’s Vaccination Mandate to Go Into Effect Friday, November 5, 2021

Today, the Biden Administration, through the Occupational Safety and Health Administration (OSHA), issued an emergency temporary standard (ETS) mandating vaccinations or weekly testing for workers of employers with 100 or more employees. Who is covered by the mandate? The ETS applies to businesses with 100 or more employees “firm or company-wide.” The 28 states and…

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Apple on the desk

Department of Education Releases Guidance on Supporting Intersex Students

On October 26, 2021, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a fact sheet addressing key issues that intersex students face in schools and providing recommendations on how students, families, and educators can lend support. The guidance, released on Intersex Awareness Day, first provides general information on the meaning of “intersex”…

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Department of Education Publishes Guidance on Mental Health Impact of COVID-19

On October 19, 2021, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (“OSERS”) released guidance regarding the ongoing effects of the pandemic on children’s psychological health. This new guidance, entitled, Supporting Child and Student Social, Emotional, Behavioral and Mental Health, addresses seven key barriers to implementing mental health supports for children,…

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Path Out of the Pandemic: President Biden’s COVID-19 Action Plan

On September 9, 2021, President Biden unveiled the “Path Out of the Pandemic: President Biden’s COVID-19 Action Plan.”  The Plan consists of six main components aimed at stopping the spread of COVID-19 and its variants.  The Plan would impose new obligations on federal employees, healthcare facilities, school districts, and private employers with 100 or more…

Janus v AFSCME

U.S. Supreme Court to Address First Amendment Rights of Censured Board Member

On April 26, 2021, the U.S. Supreme Court granted a Petition for Certiorari review in Wilson v. Houston Community College System. The issue before the Court is whether a Board’s resolution to censure a Board member violated the First Amendment. This issue is before the U.S. Supreme Court after a decision by the U.S. Court of…

CDC Relaxes In-School Masking Guidelines For Vaccinated Students And Staff

On Friday July 9, 2021, the Centers for Disease Control and Prevention (CDC) relaxed its guidance on mask-wearing within K-12 schools, advising that vaccinated teachers and students no longer need to wear masks inside school buildings. In anticipation of the 2021-2022 school year, the CDC published new guidelines, highlighting the need for flexible, context-specific decision-making…

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Dept. of Education’s Proposed Rule Prompts Debate about Critical Race Theory in Schools

As the 2020-21 school year drew to a close, public and private schools across the state began receiving an influx of inquiries from parents, community members, and the media regarding the issue of “critical race theory” and curriculum.  Public school districts have received various public records requests from citizens and organizations regarding any such curriculum…

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Supreme Court Rules in Student Free Speech Case

On June 23, 2021, the U.S. Supreme Court issued its decision in Mahanoy Area School District v. B.L., finding in favor of the student plaintiff (B.L.) in a highly anticipated school speech case. The Supreme Court held that, though public schools may have a special interest in regulating certain off-campus student speech, the interests offered…

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