Education Labor & Employment

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.
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NJ Whistleblowers May Face Criminal Charges for Theft of Company Documents

The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims. In a decision issued on...more

House and Senate Appropriations Committees Approve Funding Bills with Riders Targeting DOL, NLRB Initiatives

Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a...more

NLRB Says Employer Cannot Rescind Contract for Employee Who Wrote Complaining Email to Co-Workers

As previously reported in EmployNews, recent National Labor Relations Board decisions have disrupted established guidelines with regard to employers’ obligations to tolerate uncivil and insulting behavior and comments from...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

NLRB Decision Highlights Problems For Colleges Responding To Organizing Efforts

The National Labor Relations Board (NLRB) has upheld the SEIU’s narrow election victory at Laguna College of Art + Design, despite evidence that a supervisory full-time faculty member had campaigned for the union. In Laguna,...more

Wage claims by unpaid interns heat up

School is out and temperatures are rising. For many employers, summertime means a new crop of student workers. Summer internship programs are a time-honored tradition at many companies, providing educational benefits to the...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Approved by Legislature - Early Wednesday morning the Maine House and Senate...more

New Amendment to the Federal Labor Law in Mexico Raises Minimum Age for Employment

On June 12, 2015, a new amendment to the Federal Labor Law (FLL) was published in the Official Gazette, increasing the minimum age for employment from 14- to 15-years-old. This amendment is consistent with the...more

Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

Universities and medical institutions in close geographic proximity may have faced the same issues as Duke and UNC when their faculties started departing for richer positions at the other’s campuses. With ever-increasing...more

Laid-Off Chicago Teachers Clear Class Certification Hurdles

In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

What to Do When Your Child Turns 18, Part I: Education and Employment

At some point in their child's early adolescence, most families suddenly realize that the services and programs that they rely on to care for the child will soon disappear and be replaced by radically different benefits. ...more

Student Employees and the Affordable Care Act – Part 3 of 4: Can we subsidize student health insurance?

In Part 2 of this miniseries, we discussed whether a student health insurance plan may be used to help an educational institution avoid penalties under t the Affordable Care Act’s “employer shared responsibility” mandate with...more

Duty to Prevent Harm and Duty to Disclose are Both Part of General Duty to Exercise Reasonable Care

In Doe v. Superior Court (filed 5/29/15, No. H040674), the California Court of Appeal, Sixth Appellate District, held that a defendant’s reasonable duty of care to prevent harm to a minor and her parents encompassed the duty...more

Campus SaVE Regulations Take Effect July 1, 2015: Are You Ready?

The Violence Against Women Reauthorization Act of 2013 (“VAWA”) amended the Clery Act by imposing new obligations on institutions of higher education under VAWA’s Campus Sexual Violence Act (“Campus SaVE”) provision. The...more

Student Employees and the Affordable Care Act – Part 1 of 4: Can we exclude student workers from our health plan?

Educational institutions employ students in a variety of positions including work-study positions, teaching and research assistantships, and resident assistantships. This four-part series will discuss several issues that...more

Appellate Court Confirms Group 2 Teachers Subject to RIF Have No Recall Rights

Last week, the Illinois Appellate Court’s Second District held that a teacher subject to dismissal based on a reduction in force (RIF) did not have recall rights because she was in RIF Grouping 2, and that the school district...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization...

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

LinkedIn acquires Lynda.com for $1.5 billion

LinkedIn has announced that it will acquire Lynda.com, a subscription online education service that offers hundreds of thousands of educational videos and over 6,000 online courses to its customers....more

How to Avoid Brown Act Violations When Discussing Litigation Issues

A nearly $400,000 severance deal struck between Pasadena Community College and its former president was nullified by a judge after determining that the deal was improperly discussed and finalized in closed session. A Los...more

Dismissal for "Some Other Substantial Reason"

In the case of Anderson v Chesterfield High School [2015] UKEAT/0206/14/MC, the Employment Appeal Tribunal (EAT) considered the fairness of the dismissal of a Mayor from his salaried role at a school because of his...more

Shaking Down the Thunder From the Sky: Part 2 of Notre Dame's Challenge to the Contraception Mandate

For the second time in as many years, the Seventh Circuit has declined to grant Notre Dame’s request for an injunction exempting the university from the contraception requirements of the Affordable Care Act. As was true back...more

Teacher Discipline Pursuant to §3020-a of the New York State Education Law: Significant Changes

Several years ago, there were changes made to §3020-a intended to streamline the process of disciplining a tenured teacher/administrator. Effective July 1, 2015, even more significant changes have been made to the statute...more

Franczek Radelet Works with ISBE to Clarify School Code

Over the past several months, our firm has received many calls from concerned school district clients regarding a particular provision of the Illinois School Code. Franczek Radelet utilized its relationship with stakeholders...more

In a World Where Talking to Yourself May Now Qualify as “Concerted” Activity . . .

Where up is down and left means right, talking to yourself may now qualify as “concerted” activity under the current NLRB. In Berkeley Preparatory School, Inc. and Kathi Grau, a teacher at a private, non-profit, religious...more

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