Franczek Radelet P.C.

Franczek Radelet Works with ISBE to Clarify School Code

Over the past several months, our firm has received many calls from concerned school district clients regarding a particular provision of the Illinois School Code. Franczek Radelet utilized its relationship with stakeholders at…more

Colleges, Educational Institutions, Employer Mandates, Hiring & Firing, ISBE

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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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Illinois Supreme Court Says School District’s Subject to Municipal Zoning

On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must…more

Amicus Briefs, Construction Industry, Construction Project, Educational Institutions, IASB

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EEOC Files Two Lawsuits Challenging Sexual Orientation Discrimination in the Workplace

On March 1st, the Equal Employment Opportunity Commission (“EEOC”) announced that it had filed two separate lawsuits alleging employment discrimination based on sexual orientation. For the first time in its own lawsuit, the…more

Best Practices, EEOC, Employer Liability Issues, Employment Discrimination, LGBT

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Illinois Appellate Court finds FOIA does not apply to the IHSA and School District cannot be used to obtain non-public records from a third party

Recently, the Illinois Appellate Court (First District) issued its decision in Better Government Association v. Illinois High School Association and Consolidated High School District 230 affirming the lower court’s dismissal of…more

501(c)(3), Charitable Organizations, Educational Institutions, FOIA, IHSA

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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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Illinois Supreme Court Finds Special Exemption Unconstitutional

Last Thursday the Illinois Supreme Court struck down a special property tax exemption for a single aeronautical services company operating out of the Quad City International Airport. As noted in the July 2015 FR Alert…more

Aircraft, Aviation Industry, IL Supreme Court, Property Tax, School Districts

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A Review of the Supreme Court’s 2015 - 2016 Term

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s…more

Affirmative Action, Amgen v Harris, Attorney's Fees, College Admissions, Constructive Discharge

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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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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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Public Employer May Not Retaliate Against Employee Based on Perception that He Engaged in Political Activity

On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was…more

Demotions, First Amendment, Free Speech, Heffernan v City of Paterson, Political Expression

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Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall substantial…more

Comment Period, DHS, DOL, Filing Fees, Form I-130

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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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Illinois Appellate Court finds FOIA does not apply to the IHSA and School District cannot be used to obtain non-public records from a third party

Recently, the Illinois Appellate Court (First District) issued its decision in Better Government Association v. Illinois High School Association and Consolidated High School District 230 affirming the lower court’s dismissal of…more

501(c)(3), Charitable Organizations, Educational Institutions, FOIA, IHSA

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The Eighth Circuit Upholds Specialty Healthcare

Last week, the U.S. Court of Appeals for the Eighth Circuit upheld the National Labor Relations Board’s Specialty Healthcare framework for determining whether a union’s petitioned-for bargaining unit is appropriate. Under this…more

Bargaining Units, Corporate Counsel, Employee Rights, FedEx, NLRA

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Changes to the Open Meetings Act Allow Inspection of Closed Session Records

Effective June 30, 2016, the Open Meetings Act (OMA) has been amended to allow elected board members, or those appointed to fill vacancies on the board, to access closed session recordings and minutes. Access must be granted to…more

Educational Institutions, Meeting Minutes, Open Meetings Act, Policies and Procedures, Public Access Laws

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HHS Issues Final Rule on ACA Nondiscrimination in Health Programs and Activities

On May 18, 2016, the Department of Health and Human Services (“HHS”) issued final regulations interpreting the nondiscrimination provisions of Section 1557 of the Affordable Care Act (“ACA”). The rule mainly impacts insurers…more

ADA, Affordable Care Act, Disability Discrimination, Employee Benefits, Employer Group Health Plans

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Adventures in Buttonland: NLRB Rejects Employer Attempts to Ban Buttons at Work

Two recent cases, one from the National Labor Relations Board, and one from a federal court of appeals enforcing an NLRB decision, highlight the risk an employer runs when it seeks to prohibit its employees from wearing buttons…more

ALJ, Business Model, Corporate Counsel, Employee Rights, NLRA

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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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Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the…more

Educational Institutions, Governmental Employees Tort Immunity Act, School Districts, Statute of Limitations, Students

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IRS Issues Proposed Regulations on Health Plan Opt-Out Payments

The Internal Revenue Service (“IRS”) has issued proposed regulations that include additional guidance on the treatment of employer-provided opt-out payments for purposes of affordability under the Affordable Care Act (“ACA”). An…more

Affordable Care Act, Comment Period, Employee Benefits, Employer Group Health Plans, Health Insurance

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Measles Outbreak in Illinois

The current measles cluster in the Chicago area has school districts on heightened alert. Following is a short summary of preventative steps and guidance issued by the Illinois Department of Public Health. This alert is intended…more

Department of Health, Healthcare, Public Schools, School Districts

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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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Chicago Poised to Become Next City to Require Paid Sick Leave for Employees

Last week, Chicago became poised to join a growing group of U.S. cities to mandate paid sick leave for employees when a Chicago City Council committee passed a bill that would provide employees with at least 40 hours per year of…more

Corporate Counsel, FMLA, Local Ordinance, Paid Leave, PTO

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Changes to the Open Meetings Act Allow Inspection of Closed Session Records

Effective June 30, 2016, the Open Meetings Act (OMA) has been amended to allow elected board members, or those appointed to fill vacancies on the board, to access closed session recordings and minutes. Access must be granted to…more

Educational Institutions, Meeting Minutes, Open Meetings Act, Policies and Procedures, Public Access Laws

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EEOC Releases Draft Guidance Regarding National Origin Discrimination

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a draft of its new proposed enforcement guidance regarding national origin discrimination under Title VII – the first guidance it has issued on this…more

Discrimination, EEOC, Employer Liability Issues, Harassment, Human Trafficking

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Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?

There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash! Surely, this question…more

ADA, Employer Liability Issues, FMLA, Popular, Reasonable Accommodation

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Here's a tip: Don't skim from employee tips

Hospitality industry employers take note: If you claim a “tip credit” toward the minimum wage for any of your employees, you need to make sure that all tips are properly distributed to employees. A recent case from the Fifth…more

DOL, Employer Liability Issues, FLSA, Hospitality Industry, Minimum Wage

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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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Illinois Appellate Court Decisions Addresses Important Student Discipline and Employment Issues for Public Schools

Earlier this month, the Illinois Appellate Court (First District) issued an opinion addressing a number of important student discipline and executive employment issues. Because the Appellate Court agreed with the trial court on…more

Discipline, Educational Institutions, Employment Contract, Hiring & Firing, Motion for Reconsideration

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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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The Supreme Court Shoots Down DOL Regulations, But Declines To Rule Whether Service Advisors are Exempt From Overtime Pay Requirements

Yesterday, the United States Supreme Court issued its long-awaited decision in the Encino Motorcars, LLC v. Navarro case, that many hoped would resolve the issue as to whether Service Advisors at auto dealerships are exempt from…more

Car Dealerships, DOL, Exempt-Employees, FLSA, Minimum Salary

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U.S. Department of Labor Issues Final Rule Redefining ERISA’s Definition of “Fiduciary” for Certain Types of Investment Advice

On April 6th, the U.S. Department of Labor (DOL) released a final rule (the “Fiduciary Rule”) that expands the types of retirement investment advice that will be subject to the fiduciary duty rules of the Employee Retirement…more

Benefit Plan Sponsors, Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Duty

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Attorney General Madigan Sues Jimmy John’s over Non-Compete Agreements

On Wednesday, Illinois Attorney General Lisa Madigan filed suit against fast-food franchisor Jimmy John’s and several Jimmy John’s franchisees operating in Illinois claiming that Jimmy John’s and its franchises unlawfully…more

At-Will Employment, Fast-Food Industry, Franchises, Jimmy John's, Non-Compete Agreements

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IRS Issues Guidance on Changes to Determination Letter Program for Retirement Plans

The Internal Revenue Service recently issued Revenue Procedure 2016-37, which sets forth in detail the significant changes to the IRS’s determination letter program for qualified retirement plans, which we have written about in…more

Determination Letter, Employee Benefits, Internal Revenue Code (IRC), IRS, Qualified Retirement Plans

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Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall substantial…more

Comment Period, DHS, DOL, Filing Fees, Form I-130

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New Federal Guidelines on Supporting Transgender Students Under Title IX

Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for how…more

Dear Colleague Letter, Department of Education, DOJ, Educational Institutions, Gender Discrimination

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Adventures in Buttonland: NLRB Rejects Employer Attempts to Ban Buttons at Work

Two recent cases, one from the National Labor Relations Board, and one from a federal court of appeals enforcing an NLRB decision, highlight the risk an employer runs when it seeks to prohibit its employees from wearing buttons…more

ALJ, Business Model, Corporate Counsel, Employee Rights, NLRA

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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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Department Of Education Issues Guidance on Improving Gender Equity in Career and Technical Education Programs

On June 15, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) in conjunction with the Department’s Office of Career, Technical, and Adult Education (OCTAE) issued a Dear Colleague Letter (“Letter”)…more

Dear Colleague Letter, Diversity, Educational Institutions, Gender Discrimination, Gender Equity

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Attorney General Madigan Sues Jimmy John’s over Non-Compete Agreements

On Wednesday, Illinois Attorney General Lisa Madigan filed suit against fast-food franchisor Jimmy John’s and several Jimmy John’s franchisees operating in Illinois claiming that Jimmy John’s and its franchises unlawfully…more

At-Will Employment, Fast-Food Industry, Franchises, Jimmy John's, Non-Compete Agreements

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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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Revised Illinois Special Education Regulations Go into Effect

The Illinois regulations related to special education were recently revised, effective January 13, 2016. Many of the changes clarify language or remove provisions specifically applicable to prior years. Additionally, references…more

Charter Schools, Educational Institutions, Policies and Procedures, School Districts, Special Education

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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

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