Franczek Radelet P.C.

Tenured Teacher Dismissal Upheld for Assisting Students on ISAT

In one of the first teacher dismissal decisions of 2017, school districts across the state of Illinois scored a victory as an independent hearing officer upheld the dismissal of a tenured teacher for improperly assisting…more

Disciplinary Proceedings, Hiring & Firing, School Districts, Teachers, Tenure

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Supreme Court Clarifies Title VII’s Definition Of “Supervisor” For Harassment Claims

On June 24, 2013, the United States Supreme Court decided Vance v. Ball State University, ruling that only those employees who have the authority to take “tangible employment actions” qualify as supervisors for purposes of…more

Harassment, SCOTUS, Supervisors, Title VII, Vance v. Ball State University

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Know Where Your Student Data is Going!

As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve…more

Charter Schools, Clickwrap Agreements, Contract Terms, Data Privacy, Data Protection

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New Illinois Law Restricts Use of Employee Non-Compete Agreements

Governor Bruce Rauner has signed into law the Illinois Freedom to Work Act, prohibiting private sector employers from requiring their “low-wage employees” to sign non-compete agreements. The Act takes effect on January 1, 2017,…more

Employment Contract, Fast-Food Industry, Freedom To Work Act, Hiring & Firing, Jimmy John's

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Court Rules that Final Board Action Requires a Public Recital that Includes the Key Terms of an Action Item

In a recent Illinois Appellate Court decision, the Court held that a public body was in violation of the Open Meetings Act (OMA) where the public body failed to include the key terms in its public recital approving two action…more

Open Meetings Act, Section 2(e)

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Non-Compete Agreements may be Transferred and Enforced by the Successor Employer Following an Asset Purchase Sale

The Eighth Circuit Court of Appeals recently held that non-compete agreements may be transferred to a successor employer through an asset sale and enforced by that successor employer against the employees who previously signed…more

Acquisition Agreements, Buy-Sell Agreements, Corporate Counsel, Non-Compete Agreements, Personal Services

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The Latest on Property Tax Exemptions for Illinois Hospitals

Recently, there have been several noteworthy developments in the controversy surrounding property tax exemptions for Illinois hospitals. For the past decade we’ve been providing updates as this issue progressed through the…more

Charitable Organizations, Constitutional Challenges, Health Care Providers, Hospitals, IL Supreme Court

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DeVos Confirmed, Oral Arguments Set in Gloucester County, and Congress Introduces Education Legislation

Last week, the United States Senate voted to confirm Betsy DeVos as Secretary of Education. DeVos’ confirmation hearings were contentious, as telephone switchboards in Congress were flooded with constituent calls opposing her…more

Administrative Proceedings, Confirmation Proceedings, Congressional Review Act, Department of Education, Educational Institutions

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DOE Dear Colleague Letter Advises Districts To Consider Whether IEPs of Students Experiencing Short-Term Disciplinary Removals Contain Adequate Behavioral Supports

On August 1, 2016, the United States Department of Education’s Office of Special Education and Rehabilitative Services and Office of Special Education Programs issued a Dear Colleague Letter suggesting that, in many cases, a…more

Dear Colleague Letter, Free Appropriate Public Education (FAPE), IDEA, IEP, Public Schools

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ADA Suit Not Precluded By State Agency Decision

A district court improperly granted summary judgment to an employer defending against a claim of disability discrimination where the district court relied too heavily on the state agency’s finding that an employee failed to…more

Appeals, Disability, Disability Discrimination, Discrimination, Physical Work Test

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Federal Court Strikes Down Lincolnshire’s “Right to Work” Ordinance

Recently, the U.S. District Court for the Northern District of Illinois held that the Village of Lincolnshire’s municipal ordinance regulating union activities was invalid under federal law. The ruling is a defeat for Governor…more

Local Ordinance, NLRA, Preemption, Right to Work, Union Dues

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Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent residency…more

Entrepreneurs, Foreign Nationals, Foreign Workers, Green Cards, Hiring & Firing

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IIllinois Legislature Grants Recall Rights to “Grouping 2” Teachers with One Needs Improvement Evaluation Rating

On June 13, 2014, the Governor signed House Bill 5546 expanding the recall provisions of Senate Bill 7. The new legislation is effective July 1, 2014 and extends limited recall rights to honorably dismissed (“RIFed”) teachers in…more

Education Reform, Hiring & Firing, New Legislation, Performance Reviews, Teachers

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The Final Four Binding PAC Opinions of 2016 Remind School Districts of FOIA and OMA Requirements

In the final days of the year, the Illinois Public Access Counselor (PAC) issued four binding opinions that reiterate the requirements of both the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA). Below is a…more

Audio Recording, Bonuses, FOIA, Open Meetings Act, Privacy Concerns

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NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship Football Players are Employees

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University…more

College Athletes, Colleges, Employees, Football, NCAA

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Tenured Teacher Dismissal Upheld for Assisting Students on ISAT

In one of the first teacher dismissal decisions of 2017, school districts across the state of Illinois scored a victory as an independent hearing officer upheld the dismissal of a tenured teacher for improperly assisting…more

Disciplinary Proceedings, Hiring & Firing, School Districts, Teachers, Tenure

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PAC FOIA Opinions Address “Unduly Burdensome” factor, Personal Privacy Exemption and Public Records

In three separate opinions rendered in November, the Public Access Counselor (PAC) of the Illinois Attorney General provided guidance regarding the Freedom of Information Act (FOIA) on the definition of “unduly burdensome,”…more

403(b) Plans, FOIA, Invasion of Privacy, Public Access Laws, Public Entities

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U.S. Supreme Court to Consider ERISA Church Plan Exemption

In a decision that may have profound consequences for the funding and continued operation of defined benefit retirement plans covering employees at religiously affiliated organizations, the U.S. Supreme Court has decided to hear…more

Church Plans, Churches, Defined Benefit Plans, Employee Benefits, ERISA

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NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship Football Players are Employees

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University…more

College Athletes, Colleges, Employees, Football, NCAA

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Illinois Supreme Court Issue Long-Awaited Decision on Vesting of Retiree Health Care Benefits in Matthews v. Chicago Transit Authority

On May 5th, nearly a full year after it heard oral arguments in the case, the Illinois Supreme Court issued its decision in Matthews v. Chicago Transit Authority, et al., addressing the interplay between a public sector…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employee Benefits, Health Insurance, IL Supreme Court

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OCR Complaints – Trends and Predictions

The U.S. Department of Education’s Office for Civil Rights (OCR) recently issued two reports highlighting its work during both fiscal year (FY) 2016 and President Obama’s entire eight-year term of office. The number of OCR…more

Department of Education, Discrimination, Information Reports, Obama Administration, OCR

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A Trump Presidency: Potential Impact on Employee Benefits Law and Policy

For many months, we have been speculating about how the results of the 2016 presidential election would impact employee benefits policy going forward. Now that Donald Trump has won the election and Republicans have secured a…more

Affordable Care Act, Cadillac Tax, Determination Letter, Dodd-Frank, DOL

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OCR Complaints – Trends and Predictions

The U.S. Department of Education’s Office for Civil Rights (OCR) recently issued two reports highlighting its work during both fiscal year (FY) 2016 and President Obama’s entire eight-year term of office. The number of OCR…more

Department of Education, Discrimination, Information Reports, Obama Administration, OCR

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Coaches and Athletic Trainers Under the New FLSA Rules

As schools seek to adjust to the new Department of Labor overtime exemption rules and increased salary standards, nearly every institution has classification and overtime-calculation questions about athletic coaches and athletic…more

Coaches, DOL, Exempt-Employees, Final Rules, FLSA

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NLRB Poised to Reconsider Brown After Granting Review of UAW’s Petition to Organize Graduate Students at The New School

In what some are characterizing as a final effort to shape the landscape of unionization at private colleges and universities during the Obama administration, the NLRB granted the United Auto Workers’ request to review an NLRB’s…more

Brown University, Colleges, Educational Institutions, NLRA, NLRB

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Gifts that Don’t Quite Fit in Your Stocking: New Employment Laws Taking Effect in 2017

A number of new state or local laws are set to take effect in Illinois in 2017 which will require employers to update their employee handbooks, employment agreements, and other policies and procedures. We address the key changes…more

Bereavement Leave, Domestic Workers, Employee Handbooks, Employee Privacy Rights, Employment Contract

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The Latest on Property Tax Exemptions for Illinois Hospitals

Recently, there have been several noteworthy developments in the controversy surrounding property tax exemptions for Illinois hospitals. For the past decade we’ve been providing updates as this issue progressed through the…more

Charitable Organizations, Constitutional Challenges, Health Care Providers, Hospitals, IL Supreme Court

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Anti-Retaliation Provision of OSHA’s Final Rule Is Now In Effect

As we previously reported, in May, 2016, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the way it collects, and employers report, workplace injury and illness data. Under these new…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, Employer Liability Issues, OSHA

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Got an Employee Who Doesn't Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn't

I recently had an interesting call with a DOL investigator, and I wanted to share it with you. First, let me set the background. I represent a large national employer with multi-state locations, including several on the…more

Corporate Counsel, DOL, Employment Policies, FMLA, Notification Requirements

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Trump leaves DOL OT rules on life support - For Now

President Trump has had a busy week since his inauguration: ordering construction of a wall, starting to unwind the ACA, arguing with the media about how many people attended his inauguration – the list goes on. One thing that…more

AFL-CIO, DOL, Final Rules, FLSA, Minimum Salary

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A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning, Harris,…more

Affordable Care Act, Barack Obama, Burwell v Hobby Lobby, Canning v NLRB, Collective Bargaining

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Taxpayer Suit Establishes that School Board Policies Have the Force of Law

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr. Veazey,…more

Appeals, Article III, Back Pay, Board of Education, Educational Institutions

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Supreme Court Reverses the Sixth Circuit’s Yard-Man Presumption

For the past quarter century, because of conflicting legal authority, employers who offer health care to their retirees, particularly in a unionized setting, have struggled to determine whether they can alter those benefits. In…more

CBAs, Employer Group Health Plans, Employer Healthcare Costs, Health Insurance, M&G Polymers v Tackett

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Trump Names New Nominee for Secretary of Labor

Yesterday, President Trump’s then nominee for Secretary of Labor, Andy Puzder, withdrew his nomination ahead of his confirmation hearing given the increasing opposition to his nomination by both parties. Less than 24 hours…more

DOL, Nominations, Political Appointments, Secretary of Labor, Trump Administration

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A Trump Presidency: Potential Impact on Employee Benefits Law and Policy

For many months, we have been speculating about how the results of the 2016 presidential election would impact employee benefits policy going forward. Now that Donald Trump has won the election and Republicans have secured a…more

Affordable Care Act, Cadillac Tax, Determination Letter, Dodd-Frank, DOL

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Anti-Retaliation Provision of OSHA’s Final Rule Is Now In Effect

As we previously reported, in May, 2016, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the way it collects, and employers report, workplace injury and illness data. Under these new…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, Employer Liability Issues, OSHA

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Treasury Makes it Easier for Pension Plans to Pay Partial Annuities

The Department of Treasury has issued final regulations that simplify the rules that allow retiring participants to simultaneously elect a partial lump sum and a partial annuity from a defined benefit pension plan. Under the…more

Annuities, Defined Benefit Plans, Distribution Rules, Employee Benefits, Final Rules

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Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent residency…more

Entrepreneurs, Foreign Nationals, Foreign Workers, Green Cards, Hiring & Firing

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New Administration Signals Change on Support of Transgender Guidance

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the…more

Department of Education, Discrimination, DOJ, Educational Institutions, Gloucester County School Board v G.G.

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NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship Football Players are Employees

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University…more

College Athletes, Colleges, Employees, Football, NCAA

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American College Health Association Releases Guidelines to Address Campus Sexual and Relationship Violence

Last week, the American College Health Association (ACHA) released guidelines for addressing sexual and relationship violence on college and university campuses. According to the ACHA, the purpose of the guidelines is to promote…more

Clery Act, Colleges, Dating Violence, Domestic Violence, Educational Institutions

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Recent DOJ Settlement Agreement Offers Valuable Guidance Regarding Mandatory Medical Leaves of Absence

A recent settlement agreement entered into between the Educational Opportunities Section of the U.S. Department of Justice (DOJ), Civil Rights Division, and the University of Tennessee provides some useful insight into what…more

ADA, Department of Education, Disability Discrimination, DOJ, Educational Institutions

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Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th, thirty…more

Age Discrimination, Anti-Discrimination Policies, Civil Rights Act, Disney, EEOC

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Before You Upload That Student Photo, Ask: What Would FERPA (Have Me) Do?

It’s Springtime in Chicago again, which means you can count on two things–complaints about the lingering cold weather and the Annual Illinois ASBO Conference, which is going on now in Schaumburg, Illinois. I was lucky enough to…more

Educational Institutions, FERPA, Online Safety for Children, Photographs, Privacy Concerns

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U.S. Department of Education Issues More Guidance on ESSA

The U.S. Department of Education (“ED”) recently issued a second Dear Colleague Letter interpreting the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA”) and…more

Dear Colleague Letter, Department of Education, ESEA, IDEA, No Child Left Behind

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First Federal Appeals Court Rules that Title IX Applies in Transgender Bathroom Case

Yesterday, in a landmark ruling, a federal appellate court decided that under Title IX a transgender student can challenge a school board policy that limits bathroom and locker room access based on biological sex. The United…more

Educational Institutions, OCR, Right of Access, Sexual Orientation Discrimination, Students

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IL Supreme Court Interprets OMA Requirement for Public Recital Prior to Final Action

The Illinois Supreme Court recently affirmed the decisions of the lower courts, which had overturned a Public Access Counselor opinion, in Board of Education of Springfield School District No. 186 v. the Attorney General of…more

Board Meetings, Board of Education, Open Meetings Act, Public Access Laws, Separation Agreement

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Contact

300 S. Wacker Drive
Suite 3400
Chicago, Illinois 60606, United States

  • 312.986.0300

Areas of Practice
  • Education
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Illinois
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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