Education Labor & Employment Civil Remedies

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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

McKee v. Peoria Unified School District: Court of Appeals Reverses Judgment Against School District in Public Records Case

In May, 2010, a student at a Peoria high school drowned during a swimming class supervised by physical education teacher Timothy McKee. After an internal investigation, the District sought to terminate McKee’s employment....more

Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have...more

School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated. During her employment, Ms. Fair had developed a psychiatric disorder, namely,...more

Whistleblower verdict upheld against Chicago State University

A Cook County judge recently upheld the verdict in a whistleblower case against Chicago State University. In February 2014, former university employee James Crowley told a jury that Chicago State fired him after he reported...more

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

White Collar Watch - June 2014

In This Issue: - Whistleblower’s one-two punch: Confidential informant/employee spurs criminal investigation, then successfully sues individual company owner in qui tam action - Alleged illegal recruiting for...more

Illinois Whistleblower Awarded $3 Million Following Jury Trial

In what appears to be an alarming trend for employers, the Chicago Tribune recently reported that a former Chicago State University employee was awarded $3 million after a Cook County, Illinois jury found that the University...more

Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are For Real

If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement? A recent Florida appellate decision is a good reminder to think carefully about the...more

Health Care Reform: Seventh Circuit Rejects Notre Dame’s Request For Injunction Against ACA Contraception Mandate While Supreme...

A three-judge panel on the Seventh Circuit Court of Appeals rejected the University of Notre Dame’s request for a preliminary injunction that would permit the university to avoid complying with the ACA‘s contraception mandate...more

PK Law Attorneys Successfully Defend Charles County Board Against Multi-Million Dollar Wage and Hour Lawsuit

In a wage and hour class action suit that was filed in Maryland’s federal district court, bus drivers and bus assistants sued under the Fair Labor Standards Act (“FLSA”), 29 U.S. C. Section 201 et seq., for back-pay,...more

CWP 2693 of 2010/ 9968 of 2009 [Hemant Goswami vs. Union of India]

Final Order of High Court in Child Labour Case

Under the J.J. Act of 2000, a person up to the age of 18 years is treated as ‘child’. Same age is prescribed under the CPCR Act, 2005 as well. However when it comes to prohibition of Child Labour Act of 1986, the definition...more

University School of Milwaukee to Pay $37,500 in EEOC Pregnancy Discrimination Suit

Employee Was Fired Because of Her Pregnancy, Federal Agency Charged - MILWAUKEE - A Milwaukee K-12 school will pay $37,500 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

Colorado Supreme Court Upholds Judgment Against Ward Churchill

Recently, the Colorado Supreme Court affirmed the trial and appellate courts’ rulings in favor of the University of Colorado in the case of Churchill v. University of Colorado at Boulder. In so ruling, the Court conducted an...more

$60 Million and Counting – Lessons from Penn State

On July 23, the NCAA imposed severe monetary and participation sanctions on the Penn State football program with the purpose of bringing about a cultural change at the school. NCAA President Mark Emmert stated “the...more

Chad Roark v. LaGrange School District

Holding That FMLA Illness Precludes ADA Count of "Regarded as" ADA

This is a decision from almost a year ago, which in many ways is a typical summary judgment ruling wherein two FMLA claims survived but two ADA claims perished. The two ADA claims were based on illegal medical inquiries, 29...more

Commercial General Liability Insurance Covers FLSA Claims: Republic Franklin Insurance Company v. Albemarle County School Board

Who pays for the defense of FLSA claims against a local government entity, and who pays for the liquidated damages and attorneys’ fees if the local government entity loses?  The Fourth Circuit Court of...more

The Student-Teacher Bond: How Close Is Too Close?

A recent court ruling in Texas shines a spotlight on the student-teacher boundary issues in schools. Recent headlines involving instances of teachers having allegedly inappropriate relationships with students always take our...more

Ninth Circuit Holds that an Employer Need Not Reasonably Accommodate an Employee Who Does Not Meet the Job's Minimum Requirements

On December 8, 2011, the Ninth Circuit Court of Appeals held that a disabled teacher who failed to meet the minimum requirements for her position was not a “qualified individual” under the Americans with Disabilities Act...more

U. C. Regents Have Constitutional Immunity from Plaintiff's Attorney Fee Motion

In Goldbaum v. The Regents of the University of California, 2011 DJDAR 339 (2011), the Fourth District California Court of Appeal decided a novel issue arising under the California Constitution and Labor Code § 218.5. Labor...more

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

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

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