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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New School Funding Bill on The Way to The Governor’s Desk

The rollercoaster ride of the past weeks on school funding is coming to an end as the General Assembly has passed a new compromise bill that is expected to be signed by Governor Rauner as early as the end of this week…more

Pending Legislation, Public Schools, State Funding, Tax Credits, Tax Levy

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Secretary DeVos’s September 7, 2017 Remarks on Title IX Enforcement Extol Equity and Transparency, Raise New Questions

Secretary of Education Betsy DeVos’s hotly anticipated remarks on the future of Title IX enforcement, given yesterday at George Mason University, announced the intention of the Department of Education to overhaul the way it…more

Colleges, Educational Institutions, Gender-Based Violence, OCR, Rape

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Arbitration Award Consistent with the One Day Rest in Seven Act

In Mondelez Global LLC v. International Association of Machinists and Aerospace Workers District No. 8, an employer prohibited its unionized employees from working seven consecutive days without a 24-hour rest period. The…more

Arbitration, Arbitration Awards, Day of Rest Laws, Employment Litigation, Motion to Vacate

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The PAC Strictly Interprets the “Probable or Imminent Litigation” Exception for Closed Session

Recently, the Public Access Counselor (PAC) issued a rare binding opinion finding that the City Council of Bloomington violated the Open Meetings Act when it held a closed meeting to discuss potential litigation that the PAC…more

FOIA, Open Meetings Act, 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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2016 Cook County Property Tax Assessment Trends

For the past eight years, Franczek Radelet has tracked property tax assessment data obtained from the Cook County Assessor's Office. Our data set begins in tax year 2009 when the classification ordinance was amended to reduce…more

Property Tax, Property Valuation, Tax Assessment

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Understanding the EEOC’s Shifting Stance on Pay Bias and Data Collection

Recently, the Equal Employment Opportunity Commission (“EEOC”) has sent mixed signals to employers regarding its efforts to collect salary and pay data to combat pay inequity based on gender and race. Many employers are left…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

See all updates »

Statutory Waivers Under the New School Funding Bill

As reported in an earlier alert, the State’s new school funding bill, Senate Bill 1947 (Public Act 100-0465), provides new mandate relief. School districts have been eligible to petition the General Assembly for waivers from…more

Educational Institutions, General Assembly, ISBE, State Funding, Waivers

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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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Illinois Attorney General’s Public Access Counselor Issues Binding Opinions Regarding FOIA Exemptions

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public bodies in violation…more

Exemptions, FOIA, Public Access Laws, Public Records, Records Request

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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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Arbitration Award Consistent with the One Day Rest in Seven Act

In Mondelez Global LLC v. International Association of Machinists and Aerospace Workers District No. 8, an employer prohibited its unionized employees from working seven consecutive days without a 24-hour rest period. The…more

Arbitration, Arbitration Awards, Day of Rest Laws, Employment Litigation, Motion to Vacate

See all updates »

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

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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

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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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Investigating Sexual Assaults at School: Changes on the Horizon

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions…more

Colleges, Dear Colleague Letter, Department of Education, Educational Institutions, Government Investigations

See all updates »

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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Secretary DeVos’s September 7, 2017 Remarks on Title IX Enforcement Extol Equity and Transparency, Raise New Questions

Secretary of Education Betsy DeVos’s hotly anticipated remarks on the future of Title IX enforcement, given yesterday at George Mason University, announced the intention of the Department of Education to overhaul the way it…more

Colleges, Educational Institutions, Gender-Based Violence, OCR, Rape

See all updates »

Recent Illinois Developments in Employee Non-Compete and Trade Secret Enforcement Actions: What Every Employer Should Know

Over the past several months, state and federal courts in Illinois have issued several important decisions that will impact employers’ efforts to enforce post-employment restrictive covenants and protect their trade secrets…more

Defend Trade Secrets Act (DTSA), Employment Contract, Employment Litigation, Hiring & Firing, Inevitable Disclosure Doctrine

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Statutory Waivers Under the New School Funding Bill

As reported in an earlier alert, the State’s new school funding bill, Senate Bill 1947 (Public Act 100-0465), provides new mandate relief. School districts have been eligible to petition the General Assembly for waivers from…more

Educational Institutions, General Assembly, ISBE, State Funding, Waivers

See all updates »

Cook County Minimum Wage Regulations

Last month, the Cook County Commission on Human Rights issued final interpretive and procedural rules governing the Cook County Minimum Wage Ordinance, which becomes effective July 1, 2017…more

Local Ordinance, Minimum Wage, Wage and Hour

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If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?

All the single ladies . . . all the single ladies . . . Now put your hands up, oh, oh, oh . . . Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very…more

Adverse Employment Action, Corporate Counsel, Disability Benefits, Employer Rights, Employment Litigation

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Does Paying Time and a Half For Certain Work Count Toward Overtime? [Wage & Hour FAQ]

Q. Our organization has a policy of paying employees who perform certain kinds of work outside of regular business hours at 1-1/2 times their regular hourly rates. Do we have to pay additional overtime pay for these hours? A…more

FLSA, Over-Time, Wage and Hour

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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 »

Cook County Minimum Wage Regulations

Last month, the Cook County Commission on Human Rights issued final interpretive and procedural rules governing the Cook County Minimum Wage Ordinance, which becomes effective July 1, 2017…more

Local Ordinance, Minimum Wage, Wage and Hour

See all updates »

Significant Changes Proposed for Employee Benefit Plan Audit Reports

Under ERISA, retirement plans and self-insured welfare plans with 100 or more participants (measured as of the beginning of the plan year) are generally required to conduct annual audits, and to include the audit reports with…more

AICPA, Audit Reports, Audits, Corporate Counsel, Employee Benefits

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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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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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Investigating Sexual Assaults at School: Changes on the Horizon

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions…more

Colleges, Dear Colleague Letter, Department of Education, Educational Institutions, Government Investigations

See all updates »

Understanding the EEOC’s Shifting Stance on Pay Bias and Data Collection

Recently, the Equal Employment Opportunity Commission (“EEOC”) has sent mixed signals to employers regarding its efforts to collect salary and pay data to combat pay inequity based on gender and race. Many employers are left…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

See all updates »

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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Use Caution when Monitoring Comments on Your School’s Social Media Page

Public schools should be cautious as to how they moderate access to and comments on their social media profiles. In Packingham v. North Carolina, the Supreme Court recently recognized that the Internet, and particularly social…more

Educational Institutions, FERPA, First Amendment, FOIA, Free Speech

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