Franczek Radelet P.C.

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300 S. Wacker Drive
Suite 3400
Chicago, Illinois 60606, United States
Phone: 312.986.0300
Areas of Practice
  • Education
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Illinois
Number of Attorneys
50-100 Attorneys

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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Attorney General’s Office Finds School Board Held Improper Discussion in Closed Session

The Attorney General’s Office recently issued a non-binding opinion concluding that a board of education improperly discussed matters in closed session that were not within the scope of the exceptions on which the board relied…more

Board of Education, Open Meetings Act, Public Meetings, Public School Boards

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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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Appellate Court Holding Extends FOIA to College Foundation

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity…more

501(c)(3), Colleges, Educational Institutions, FOIA, Public Access Laws

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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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Chicago Tribune Publishes Three-part Series on Cook County Property Tax System

This week the Chicago Tribune published a three-part series of investigative reporting on the Cook County property tax system and the appeals process entitled “The Tax Divide”. Tribune reporters are examining 1) how the tax…more

Property Tax, Property Valuation, Real Estate Market, Tax Assessment

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PAC Finds Library Board’s General Description of Action Item Complies with OMA

Government bodies subject to the Open Meetings Act (OMA) sometimes struggle to strike the right balance between too much and too little detail contained in their published Board meeting agendas. A recent advisory opinion from…more

Library of Congress, Open Meetings Act, Public Access Laws

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OCR Changes Investigation Protocols for Civil Rights Complaints

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office for…more

Charter Schools, Complaint Procedures, Investigations, OCR, 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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The NLRB Opens the Door to Union Organizing Among Undergraduate Resident Advisors at Colleges and Universities

In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident…more

Colleges, Educational Institutions, Employee Definition, NLRA, NLRB

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Buy American and Hire American and the H-1B Lottery

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American…more

Buy America, E-Verify, Executive Orders, Foreign Workers, H-1B

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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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As July 1 Effective Date Approaches, Cook County Issues Draft Regulations for Paid Sick Leave

As we have previously reported, both Chicago and Cook County have passed paid sick leave laws that entitle covered employees to earn up to 40 hours of paid sick leave per year. Our previous alerts on these ordinances, provide…more

Employee Rights, Employment Policies, Local Ordinance, New Legislation, Paid Leave

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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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IL Supreme Court Rules IHSA Not Subject to FOIA

The FOIA litigation saga continues as the Illinois Supreme Court in Better Government Association v. IHSA ruled in favor of the athletic association and High School District 230, holding that the records requested are not…more

FOIA, IHSA, IL Supreme Court, Public Records

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Chicago Tribune Publishes Three-part Series on Cook County Property Tax System

This week the Chicago Tribune published a three-part series of investigative reporting on the Cook County property tax system and the appeals process entitled “The Tax Divide”. Tribune reporters are examining 1) how the tax…more

Property Tax, Property Valuation, Real Estate Market, Tax Assessment

See all updates »

Senate Votes to Revoke Department of Labor Guidance on State-Run Retirement Plans for Private Sector Employees

In yet another move to roll-back regulatory guidance issued during the Obama administration, earlier this month the U.S. Senate voted to revoke a final rule and associated interpretive guidance that the Department of Labor…more

DOL, Employee Benefits, ERISA, Obama Administration, Private Sector

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Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from…more

Audio Recording, NLRA, NLRB, Policies and Procedures, Protected Concerted Activity

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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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Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms…more

Department of Education, Educational Institutions, Equal Protection, Gender Identity, LGBT

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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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As July 1 Effective Date Approaches, Cook County Issues Draft Regulations for Paid Sick Leave

As we have previously reported, both Chicago and Cook County have passed paid sick leave laws that entitle covered employees to earn up to 40 hours of paid sick leave per year. Our previous alerts on these ordinances, provide…more

Employee Rights, Employment Policies, Local Ordinance, New Legislation, Paid Leave

See all updates »

Chicago Tribune Publishes Three-part Series on Cook County Property Tax System

This week the Chicago Tribune published a three-part series of investigative reporting on the Cook County property tax system and the appeals process entitled “The Tax Divide”. Tribune reporters are examining 1) how the tax…more

Property Tax, Property Valuation, Real Estate Market, Tax Assessment

See all updates »

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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Can an Employee take FMLA Leave to Care For a Sibling? Before You Say "No," Read This

I love my brother dearly. I love my sister just as much. And whenever we near the end of life’s journey (a long time from now, of course), I’ll be there to care for them. And they, for me, despite the many piledrivers I…more

ADA, Disability, Discretionary Functions, DOL, FMLA

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DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors…more

Administrative Interpretation, Browning-Ferris Industries of California Inc., DOL, Employee Definition, FLSA

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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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Senate Votes to Revoke Department of Labor Guidance on State-Run Retirement Plans for Private Sector Employees

In yet another move to roll-back regulatory guidance issued during the Obama administration, earlier this month the U.S. Senate voted to revoke a final rule and associated interpretive guidance that the Department of Labor…more

DOL, Employee Benefits, ERISA, Obama Administration, Private Sector

See all updates »

In a Landmark Ruling, the Seventh Circuit Becomes First Court of Appeals to Ban Sexual Orientation Discrimination

Setting the stage for the U.S. Supreme Court to tackle the issue, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) yesterday overturned decades of precedent and held that Title VII of the…more

Civil Rights Act, Discrimination, Gender Identity, LGBT, LGBTQ

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Department of Labor Finalizes Claims and Appeals Regulations for Disability Benefits

The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans. The final rules are…more

Affordable Care Act, Appeals, Claim Denial Letters, Claims Processing Systems, Disability

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Buy American and Hire American and the H-1B Lottery

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American…more

Buy America, E-Verify, Executive Orders, Foreign Workers, H-1B

See all updates »

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms…more

Department of Education, Educational Institutions, Equal Protection, Gender Identity, LGBT

See all updates »

Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from…more

Audio Recording, NLRA, NLRB, Policies and Procedures, Protected Concerted Activity

See all updates »

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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In a Landmark Ruling, the Seventh Circuit Becomes First Court of Appeals to Ban Sexual Orientation Discrimination

Setting the stage for the U.S. Supreme Court to tackle the issue, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) yesterday overturned decades of precedent and held that Title VII of the…more

Civil Rights Act, Discrimination, Gender Identity, LGBT, LGBTQ

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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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Attorney General’s Office Finds School Board Held Improper Discussion in Closed Session

The Attorney General’s Office recently issued a non-binding opinion concluding that a board of education improperly discussed matters in closed session that were not within the scope of the exceptions on which the board relied…more

Board of Education, Open Meetings Act, Public Meetings, Public School Boards

See all updates »

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