Education Law, Labor & Employment Law, Civil Procedure

Michigan Ban on School Employee Union Dues Deductions Legal

by Beverly Hall Burns, M. Misbah Shahid | Miller Canfield on 5/13/2013

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. ....more

IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting

by Richard Frazier, Elizabeth Mullen | Saul Ewing LLP on 5/1/2013

A recent report of the IRS’ Exempt Organizations (EO) division provides the results of a multi-year audit of tax-exempt colleges and universities regarding their compliance with IRS reporting requirements. The report focuses...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/24/2013

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Recent Alberta Court of Queen's Bench Decision Finds that Grievance Process Communications are Privileged

by Mick Wall | Field Law on 4/17/2013

A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties. Accordingly, Arbitrators have long held that communications exchanged in the grievance...more

School Board Liability for Sexual Abuse of Students by Staff - An Area to be Watched

by Elizabeth K.P. Grace | Lerners LLP on 4/12/2013

In the last year, there have been two Ontario trial decisions dealing with sexual abuse of students by teachers. While we are still awaiting the full decision in the second case, it appears these cases may have yielded...more

Sixth Circuit Stands by School System's Promotion Decisions

by Todd Photopulos | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/11/2013

Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived...more

Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

by Diana Halpenny, Marie Nakamura, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/29/2013

In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school...more

PERB Ruling Affirms Teacher on 39-Month Reemployment List Remains an Employee of the District and Able to File Grievance

by Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a...more

Teacher On 39-Month Reemployment List Remains A District Employee With The Right To File A Grievance

by Diana Halpenny, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a teacher’s...more

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

by Kendra Berner | Franczek Radelet P.C. on 3/6/2013

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

Superintendent’s Lawsuit For improper Discharge Should Have Been Filed In State Court, Federal Court Says

by Jackie Wernz | Franczek Radelet P.C. on 1/8/2013

A federal trial court recently held that a superintendent’s lawsuit for improper discharge in violation of her constitutional due process rights and in breach of her employment contract was not proper for federal court...more

Illinois Supreme Court to Tackle Public Employees' Right to Strike

by Kirk Jenkins | Sedgwick LLP on 12/24/2012

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with The Board of Education of Peoria School District No. 150 v. The Peoria Federation of Support Staff,...more

Argument Report: Debating an Arbitrator's Power to Interpret a Collective Bargaining Agreement

by Kirk Jenkins | Sedgwick LLP on 11/19/2012

Our reports on the November term oral arguments at the Illinois Supreme Court begin with Griggsville Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board. Griggsville-Perry arose from...more

Another Lawsuit Alleging Misleading Law School Job Statistics Dismissed

by Franczek Radelet P.C. on 9/18/2012

The lawsuit alleging that the DePaul University College of Law in Chicago misled prospective students by disseminating incomplete and misleading job placement data was dismissed this week in its entirety. ...more

Teacher’s Retaliation Suit Against School District For Exercising Right of Free Speech Involved a Matter of Public Concern

by Franczek Radelet P.C. on 9/13/2012

In Gschwind v. Heiden, the Seventh Circuit Court of Appeals found that the dismissal of a teacher’s suit against a school district for retaliation for exercising free speech rights involved a matter of public concern and,...more

The Importance Of Accurate Time/Hours Records In The Social Media Age

by Michael Schmidt | Cozen O'Connor on 8/24/2012

Just because it’s that I-Can’t-Believe-There’s-One-Week-Left-In-August time of year, doesn’t mean there isn’t some fun and exciting law coming down the pike. An important decision was issued this month by the Second Circuit...more

Seventh Circuit Upholds Jury Verdict in Favor of Teacher with Seasonal Affective Disorder

by Franczek Radelet P.C. on 7/31/2012

On June 26, 2012, the U.S. Court of Appeals for the Seventh Circuit upheld a jury verdict finding in favor of a teacher with seasonal affective disorder claiming a Wisconsin school district violated her rights under the...more

Beware The Sounds of Silence

by Sedgwick LLP on 6/21/2012

In a time of budget cuts -- including cuts directed against public employees -- Griggsville Perry Community Unit School District v. Illinois Educational Labor Relations Board may wind up offering important guidance to the...more

Employee Privacy On Work Computers To Be Decided By Supreme Court

by Dentons on 5/8/2012

The Supreme Court of Canada has granted leave to appeal the Ontario Court of Appeal’s decision in R. v. Cole, 2011 ONCA 218. Mr. Cole, a teacher, was charged with possession of child pornography and unauthorized use of a...more

Elder Law & Long Term Care: August 2011 Newsletter

by Kippy Wroten on 8/17/2011

Articles: The Increasing Number of Claims for Violation of Patient's Rights and Its Impact on Liability Costs; Postscript: 1 Year After Humboldt; Dukes Revisited, a Much Needed Win for Employers; Purposeful Leadership; 3rd...more

Third Circuit Sends Title VII Discrimination Case Back to the Trial Court for Failing to Properly Apply the Burden Shifting...

by Wendy Beetlestone on 5/10/2011

A university professor sues his employer for discrimination on the basis of race and national origin. The Third Circuit sets out what each party needs to show under the burden shifting framework of McDonnell Douglas...more

Newsletter Spring 2011- Social Media and Employment, The Lavender Trial: Copycat Class Actions, Communication and Conflict...

by Kippy Wroten on 3/22/2011

The Spring 2011 Newsletter covers a variety of topics. The first one is Social Media and Employment dealing with the hiring process and the different social media avenues. The second is the third and last installment of the...more

Requirements to File Suit on Discrimination in the Workplace - Research Memorandum

by Patricia L Brown & Associates on 12/13/2010

This memo was prepared to update a senior partner on the requirements of filing a suit by a teacher for discrimination in the workplace. In this case the client was passed over for promotion in favor of a male teacher who...more

Weekly Law Resume - November 11, 2010: School District Not Liable for Employee's Sexual Misconduct

by Low, Ball & Lynch on 11/8/2010

C.A., a minor et al., v. William S. Hart Union High School District, et al. Court of Appeal, Second District, Division One (November 5, 2010) This case addresses the pleading requirements for proceeding with a...more

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Education Law › Labor & Employment Law › Civil Procedure