A recent False Claims Act settlement against a charter school demonstrates that schools and tech companies may violate the law if they engage in bid rigging and kickbacks during the procurement process. Concept Schools, NFP, a charter school company based in Illinois, agreed to pay $4.5 million to settle claims by the Government that Concept […]

On August 14, 2020, the Department of Education’s final regulations regarding sexual harassment under Title IX went into effect. This marks the final step in a controversial process that began in November 2018, when President Trump’s Secretary of Education Betsy DeVos submitted a proposal to drastically overhaul many aspects of the Title IX guidelines instituted […]

The Securities and Exchange Commission (“SEC”) recently voted to accept long-anticipated revisions to the rules governing its whistleblower program. While not all of the changes present a boon to whistleblowers, one modification clearly does—because under revised Rule 21-F6, there is now a presumption that, for many awards, the SEC will pay a whistleblower the statutory […]

On September 22, 2020, President Donald Trump signed Executive Order 13950, “Combating Race and Sex Stereotyping,” which, contrary to its title, seeks to undercut workplace equity and inclusion. The Executive Order—ostensibly targeting the anti-racism trainings that proliferated in the wake of the murder of George Floyd and the subsequent national reckoning with systemic racism—prohibits federal […]

The U.S. Department of Labor (“DOL”) recently issued a guidance document explaining that 401(k) plans are permitted to invest in private equity funds, albeit only indirectly.[1] The DOL touts its new guidance as a policy that “level[s] the playing field for ordinary investors” and helps “ensure that ordinary people investing for retirement have the opportunities […]

The “Human Resources” or “HR” department of an organization typically performs various employee management functions, such as overseeing compliance with labor law and employment standards, administration of employee benefits, organizing employee files with documents for future reference, recruitment, and employee onboarding and offboarding.  At their best, HR departments provide critical support to both employers and […]

The New York Times recently reported that the Trump campaign has proposed that former aide and Apprentice contestant Omarosa Manigault Newman pay for an ad campaign costing over $846,000 to remedy allegedly damaging comments Newman made about the president in a recent memoir. The campaign’s suggestion came as a proposed remedy for Newman’s alleged violation […]

A ground-breaking lawsuit against Cisco tests this novel question. On June 30, the California Department of Fair Employment and Housing (“DFEH”) filed a lawsuit in federal court on behalf of a Dalit Indian (“untouchable” caste) engineer who alleges that he was discriminated against by high-caste Indian supervisors and coworkers.[1] The suit alleges that Cisco management […]

Sanford Heisler Sharp is at the forefront of the movement holding the opioid industry accountable for the ruinous effects its drugs have had on people and governments throughout our country. This opioid work pits us against the companies that profited off the addictive potential of the drugs they peddled. New EEOC guidance indicates that our […]

Many Americans are familiar with the formulation “reasonable accommodation,” which the Americans with Disabilities Act (ADA) requires employers to make on for employees who have a disability. The ADA is a federal law. Less well known is that New York City has its own counterpart law that protects employees with disabilities. The New York City […]