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JD, Loyola Law School, Los Angeles

MA, University of California, Los Angeles

BA, University of California, Riverside

Did You Know

Michael studied "back in the USSR."

Wrongful Termination Claim (2015) – A private university obtained summary judgment against a former employee who alleged harassment and discrimination. The University’s former Director of Student Recruitment claimed that the University terminated her in violation of the California Fair Employment and Housing Act. Specifically, she alleged that her termination was motivated by her race and disability. The Court granted summary judgment in favor of the University. The Court determined the documented complaints, and verified attempts by plaintiff’s supervisor to improve her performance, constituted legitimate, non-discriminatory reasons for separating her. Plaintiff could not proffer sufficient evidence to support her claims of harassment or discrimination.

Discrimination Claim (2011) – A private school terminated employee for misconduct. He then filed a claim with the EEOC and threatened litigation based on a claim of discriminations. The School put forth legitimate, nondiscriminatory basis for terminating the employee who then formally dropped the suit.

Religious Discrimination (2011) – A religious school restricted applicants to those whose religious beliefs were consistent with those of the school. Within the School rejected an applicant based on religion, he filled a claim with the EEOC. The School responded that it appropriately followed state and federal law. Both the EEOC and applicant dropped the complaint.

Defense Verdict For School District On Student Discipline (2010) – School district disciplined a student for cheating. Parents appealed using internal district procedure and lost at each level. Then parents sought a writ, which the court denied.

Breach of Contract Claim (2010) – A private school laid off a secretary who brought suit in breach of contract. The secretary sought attorneys’ fees, damages, and penalties under the Labor Code. The School demurred and the court granted the motion without leave to amend.

Can Campuses Be Safe For Students and Free Speech?
03/18/2024
Daily Journal

Recently published in the Daily Journal, LCW Partner Michael Blacher and Senior Counsel David Urban examine the balance between free speech and anti-harassment on college campuses. Among other things, their article emphasizes the need to comply with constitutional obligations and federal and state...

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Following in California’s Footsteps
03/07/2024
Inside Higher Ed

Recently featured in Inside Higher Ed, LCW Partner Michael Blacher and Attorney Gabriella Kamran delve into California’s race-neutral admissions policies, offering insights for diversity objectives. They emphasize, “California’s experiments with race-neutral diversity measures—and courts’...

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Department of Industrial Relations Issues FAQs on Compliance with New Paid Sick Leave Law Requirements
12/15/2023
LCW Special Bulletin

As of January 1, 2024, California’s paid sick leave law requirements will expand. The California Department of Industrial Relations (“DIR”), which is tasked with enforcing the paid sick leave law, just released new guidance regarding the recent changes to the law.
Some of the key provisions of the...

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Department of Industrial Relations Issues FAQs on Compliance with New Paid Sick Leave Law Requirements
12/15/2023
LCW Special Bulletin

As of January 1, 2024, California’s paid sick leave law requirements will expand. The California Department of Industrial Relations (“DIR”), which is tasked with enforcing the paid sick leave law, just released new guidance regarding the recent changes to the law.
Some of the key provisions of the...

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Department of Industrial Relations Issues FAQs on Compliance with New Paid Sick Leave Law Requirements
12/15/2023
LCW Special Bulletin

As of January 1, 2024, California’s paid sick leave law requirements will expand. The California Department of Industrial Relations (“DIR”), which is tasked with enforcing the paid sick leave law, just released new guidance regarding the recent revisions.
Some of the key provisions of the law...

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California Supreme Court Clarifies “Fair Procedure” Required for Student Discipline at Private Educational Institutions
08/01/2023
LCW Special Bulletin

Yesterday the California Supreme Court issued its decision in Boermeester v. Carry, a case involving the expulsion of a student from the University of Southern California (“USC”).  The Court unanimously held that private universities are not required to provide students accused of serious...

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U.S. Supreme Court Prohibits Admissions that Consider Race
06/29/2023
LCW Special Bulletin

Today, the United States Supreme Court issued its highly-anticipated decision involving race-conscious admission programs at a public and private university.  As expected, the Court determined that the admissions programs violated the United States Constitution and federal law.  This decision is...

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NAIS Legal Tip: Federal Agency Places New Restrictions on Severance Agreements
06/07/2023
NAIS Bulletin

This article originally appeared in the May 31, 2023 NAIS Bulletin as the Legal Tip of the Week
The National Labor Relations Board (NLRB) is the federal agency that oversees unionized and non-unionized employee rights for private employers.  It recently issued a wide-ranging decision severely...

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California Court of Appeal Affirms Ruling that School District May Not Require COVID-19 Vaccine for Students
11/28/2022
LCW Special Bulletin

On November 22, 2022, a California Court of Appeal affirmed that state law prohibited the San Diego Unified School District (SDUSD) from mandating student COVID-19 vaccinations.  The case has statewide implications for public schools and may affect private schools as well.
Background
SDUSD adopted...

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California Department of Public Health Lifts Vaccine Verification and Weekly Testing Requirements for Workers in K-12 Schools
09/19/2022
LCW Special Bulletin

As of Saturday, September 17, 2022, the California Department of Public Health (“CDPH”) ended its policy of requiring schools to verify the vaccination status of workers.  Schools are also no longer required to test unvaccinated or partially vaccinated workers on a weekly basis. A copy of the...

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California District Court Rules on Tax Exempt Status and Title IX: What California Private and Independent Schools Need to Know
07/29/2022
LCW Special Bulletin

On July 25, 2022, the United States District Court for the Central District of California ruled on an issue that stands at the intersection of tax law and Title IX.  In E.H. v. Valley Christian Academy (2022) Case No. 2:21-cv-07574-MEMF, a female student, identified only as E.H., played wide...

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Governor Signs Law Reauthorizing COVID-19 Supplemental Paid Sick Leave
02/10/2022
LCW Special Bulletin

Yesterday Governor Newsom signed a new COVID-19 Supplemental Paid Sick Leave (SPSL) bill into law. The new SPSL obligations will take effect on February 19, 2022.  The law requires covered employers to provide SPSL to employees retroactive to January 1, 2022 and through September 30, 2022.  This...

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CDPH Updates K-12 Guidance for Schools Related to Student Quarantine Requirements
01/14/2022
LCW Special Bulletin

On January 12, 2022, the California Department of Public Health (“CDPH”) updated its COVID-19 Public Health Guidance for K-12 Schools in California.  The new guidance modified the student quarantine procedures.  It also introduced a new Group-Tracing Approach to Students Exposed to COVID-19 in a...

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CDPH Adopts Shortened Isolation/Quarantine Periods with Unclear Application to Workplaces, Including Schools
01/04/2022
LCW Special Bulletin

On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) shortened its recommended isolation and quarantine periods for people who test positive for, or are exposed to, COVID-19.   On December 30, 2021, the California Department of Public Health (“CDPH”) followed suit by...

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Five COVID-19 Related Issues to Consider as Schools Return from Winter Break
12/30/2021
LCW Special Bulletin

As schools begin 2022, here are five COVID-19 related issues they should consider:

Travel Quarantines

The CDC currently recommends a seven-day quarantine for those who are unvaccinated after international and domestic travel.  No quarantine period applies to those who are fully vaccinated. ...

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COVID-19 Vaccine To Be Required For K-12 School Staff and Students in Phases
10/01/2021
LCW Special Bulletin

On October 1, 2021, Governor Newsom announced a forthcoming statewide COVID-19 vaccine mandate for both school staff and students.  For students, the California Department of Public Health (CDPH) will be adding the COVID-19 vaccine to other vaccinations required for in-person school attendance—such...

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California Department of Public Health Issues COVID-19 Guidance and FAQs to K-12 Schools
09/27/2021
LCW Special Bulletin

On September 22, 2021, the California Department of Public Health (CDPH) issued updated COVID-19 K-12 Guidance to provide new recommendations for the timing of unvaccinated students to exit modified quarantines after close-contact exposure at the supervised school setting, and includes pooled PCR...

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Gov. Approves AB 272, Allowing Minors to Disaffirm Provisions in Enrollment Agreements that Require Arbitration of Claims of Criminal Sexual Assault & Sexual Battery
09/02/2021
LCW Special Bulletin

On August 31, 2021, Governor Gavin Newsom signed Assembly Bill 272 (“AB 272”) into law.  The bill has significant implications for arbitration provisions in enrollment agreements for California private schools.
AB 272 adds Section 1002.7 to the California Code of Civil Procedure.  The new law...

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Kehillah Students Must be Vaxed. Other Local Jewish schools are Still Weighing their Options.
08/23/2021
J. The Jewish News of Northern California

LCW Partner Michael Blacher recently weighed in on the discussion of COVID-19 vaccine mandates at California Jewish high schools. In J. The Jewish News of Northern California article “Kehillah Students Must be Vaxed. Other Local Jewish schools are Still Weighing their Options,” which was published...

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3 Takeaways From High Court’s Ruling In LGBTQ Rights Fight
07/29/2021
Law360

LCW Partner Michael Blacher weighed in on the Supreme Court’s decision to avoid making any sweeping decisions on LGBTQ bias laws after its recent ruling that Philadelphia violated the religious rights of a foster care agency that refused to place children with same-sex couples. In the June 17...

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The U.S. Supreme Court Decides Landmark Case on Student Free Speech which has Implications for California Private High Schools
06/23/2021
LCW Special Bulletin

Today, the United States Supreme Court issued its highly anticipated decision in Mahanoy Area School District v. B.L., finding that a high school violated a cheerleader’s First Amendment rights when it disciplined her for a short, profane Snapchat post she created off-campus and on a Saturday.  The...

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Permissibility of Requiring That Employees at Private Schools Receive the COVID-19 Vaccination
12/07/2020
LCW Special Bulletin

Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our private school clients have inquired whether it will be permissible to require school employees be vaccinated for COVID-19. This question is important from a public...

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Governor Newsom Announces New Regional Stay At Home Order (Private Education)
12/04/2020
LCW Special Bulletin

On December 3, in order to slow the unprecedented rise in the rate of increase in COVID-19 cases and hospitalizations in the state, Governor Gavin Newsom announced a new Regional Stay At Home Order (the “Order”).
The Order will take effect on December 5, 2020 in any region of the state, as...

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CDC Reduces Recommended Quarantine Period Following “Close Contact” Exposures to Individuals with COVID-19 – What Private Schools Need to Know
12/03/2020
LCW Special Bulletin

On December 2, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. The guidance reduces the recommended quarantine period from 14 days to either 10...

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California Department of Public Health and the Center for Disease Control and Prevention Issue Updated Guidance for the Use of Face Coverings
11/24/2020
LCW Special Bulletin

On November 16, 2020, in response to significant increases in the incidence rates of COVID-19 in the state, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings. The updated guidance requires that individuals wear a face covering at all...

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California Department of Public Health Issues COVID-19 Travel Advisory Recommending 14-Day Self Quarantine for Any Non-Essential Travel Out of State and Previous Public Health Guidance Issued Regarding Holiday Gatherings and Higher Risk Activities
11/13/2020
LCW Special Bulletin

On November 13, 2020, in response to alarming increases in the incidence rates of COVID-19 in other countries and states, the California Department of Public Health (“CDPH”) issued a travel advisory to California residents.  This travel advisory follows recent state and federal guidance limiting...

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Federal Funding and Federal Laws: What Participating in Federal Loan Programs Means for California Private Schools
04/17/2020
LCW Special Bulletin

Federal funds are available to assist California private schools respond to the COVID-19 pandemic.  The Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL), both offered through the Small Business Administration (SBA), as well as the recently announced Main Street Lending...

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Reference Checks
07/20/2018
National Business Officers Association (NBOA)’s Net Assets Magazine

Checking references should be a part of every school’s hiring practice.  It increases the likelihood of making a well-informed hiring decision, protects against claims of negligent hiring, and demonstrates fairness, equity, and transparency in the recruitment process. Yet we repeatedly find that...

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Anxious Parents in a Litigious Age
07/20/2018
National Business Officers Association (NBOA)’s Net Assets Magazine

Managing relationships between schools and parents is becoming more, not less, difficult.  Parent anxiety generally reflects concerns about their children: social interactions, academic achievement (at increasingly younger ages), and eventually college enrollment.  The result can be parents...

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Exchange Programs and Host Families
07/20/2018
National Business Officers Association (NBOA)’s Net Assets Magazine

The world is getting smaller and students are exploring it in greater numbers.  Exchange programs and stays with host families, once an oddity, are increasingly the norm.  As schools integrate these programs into their curriculum, families expect their children to participate in them.
Yet with...

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September 19, 2024
Back to School: HR Roundtable
Webinar | Bolton-LCW Roundtable With HR Professions in California Independent Schools
September 24, 2024
Back-to-School Legal Update
Webinar | National Business Officers Association (NBOA) Webinar
November 07, 2024
Legal Update/Emerging Legal Issues
Webinar | Cal ISBOA/LCW Legal Symposium
November 20, 2024
Hot Legal Topics
La Jolla | San Diego Heads of School
February 25, 2025
HR Game Show … on Broadway!
New York | The National Business Officers Association (NBOA) Annual Training

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