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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School Districts and Charter Schools Must Address Student Data Privacy Concerns in Contracts

In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have seen…more

Charter Schools, Data Privacy, Data Protection, Data-Sharing, Educational Institutions

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Circuit Court Finds Stay Put Does Not Apply to Unilateral Placement

The Individuals with Disabilities Education Act (IDEA) provides that during the pendency of a dispute, a student must remain in his/her “then-current educational placement”; this is known as stay put. The IDEA does not, however,…more

Board of Education, IDEA, Private Schools, Public Schools, Students

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Governor Signs Bill Calling for Greater Protections for Pregnant Employees

House Bill 8, now Public Act 098-1050, was recently signed by Governor Pat Quinn. As we reported in June of this year, the resulting amendments to the Illinois Human Rights Act expand upon the anti-discrimination protections…more

Discrimination, Employee Rights, Pregnancy, Pregnancy Discrimination

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School Districts and Charter Schools Must Address Student Data Privacy Concerns in Contracts

In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have seen…more

Charter Schools, Data Privacy, Data Protection, Data-Sharing, Educational Institutions

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Jawbone Cries Foul – Fitbit’s Success Due To Stolen Trade Secrets

Fitbit better watch its step because Jawbone has a serious bone to pick with its competitor. On May 27, 2015, Jawbone, a maker of wearable fitness and activity tracker devices, filed suit in California state court…more

Breach of Contract, Confidential Information, Confidentiality Agreements, Fitbit, Fitness

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Illinois Court Finds Special Property Tax Exemption Unconstitutional

A property tax exemption designed to benefit a single aviation company was recently found unconstitutional by the Illinois Appellate Court. The exemption was only for fixed base operators (FBOs) providing aeronautical services…more

Aviation Industry, Educational Institutions, FBOs, Injunctive Relief, Property Tax

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ISBE Issues Guidance and Forms Regarding Vaccination Religious Exemptions

On Tuesday, the Illinois State Board of Education issued guidance on recent changes to immunization requirements for students. As we reported last week, recent legislation requires a new meningitis vaccine for sixth and twelfth…more

Board of Education, Educational Institutions, Immunization Exemptions, ISBE, Public Health

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Illinois Preventing Sexual Violence in Higher Education Act Takes Effect

On August 21, 2015 Governor Rauner signed into law the new Illinois Preventing Sexual Violence in Higher Education Act, Public Act 099-0426 (the Act). The new law imposes a number of requirements on higher education institutions…more

Clery Act, Dating Violence, Domestic Violence, Educational Institutions, Gender-Based Violence

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Senate Votes to Block the NLRB’s “Ambush Elections” Final Rule

On March 4, 2015, by a vote of 53-46 the Senate passed joint resolution S.J. Res. 8 to halt the implementation of the NLRB’s Final Rule, adopted December 2014, regarding representation elections. Colloquially called the “Ambush…more

Ambush Election Rules, Congressional Investigations & Hearings, Final Rules, NLRB, Unions

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Governor Rauner and AFSCME Extend Master Agreement, But Only Through September

Earlier this week, Governor Rauner and AFSCME Council 31, the union representing almost 40,000 state workers, agreed to temporarily extend the terms of the 2012-2015 collective bargaining agreement (CBA) and prohibit a strike or…more

Collective Bargaining, Employee Benefits, Employee Contributions, Health Insurance, State Employees

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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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NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Recently, an Administrative Law Judge (ALJ) with the National Labor Relations Board found that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee for informing a co-worker that the…more

ALJ, Employee Handbooks, Employment Policies, Hiring & Firing, Insubordination Policy

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NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new…more

Administrative Procedure Act, Ambush Election Rules, NLRA, NLRB, Quickie Election Rules

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NYU Agrees To Recognize Graduate Student Organizing Rights

As we reported last year, the fight over graduate student organizing rights has taken yet another tumultuous turn at the National Labor Relations Board. The Board has changed its position twice in recent years on the issue of…more

NLRA, Students, Unions, Universities

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New Vaccine Requirement for Illinois Students Creates Confusion

Students, parents, and school districts should be mindful of new immunization requirements that go into effect for the 2015-16 school year. The changes include a requirement imposed by Public Act 98-0480 and related…more

Educational Institutions, Immunization Exemptions, Religious Exemption, School Districts, Students

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Beware State Wage and Hour Laws: Washington Supreme Court Upends Piece Work Calculations

Whenever I discuss federal law here on the blog, I usually add a disclaimer that reminds employers to check state and local laws before proceeding. With the proliferation of minimum wage increases, minding state and local laws…more

Agricultural Workers, Compliance, FLSA, Minimum Wage, Piece-Rate Pay

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SEC Issues Proposed Incentive Compensation Clawback Rule

In another round of rulemaking related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proposed a rule that would require certain executive officers to pay back incentive compensation tied to…more

Clawbacks, Consumer Protection Act, Dodd-Frank, Employer Group Health Plans, Health Insurance

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NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Recently, an Administrative Law Judge (ALJ) with the National Labor Relations Board found that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee for informing a co-worker that the…more

ALJ, Employee Handbooks, Employment Policies, Hiring & Firing, Insubordination Policy

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Illinois Supreme Court Rules Pension Reform Unconstitutional

On Friday, the Illinois Supreme Court ruled that pension reform legislation passed in 2013, commonly referred to as Senate Bill 1, violates the pension protection clause of the Illinois Constitution. The Court upheld a previous…more

COLA, General Assembly, Pension Reform, Pensions, Popular

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Two Recent Decisions Provide Guidance on How School Districts Should Respond to Allegations of Sexual Assault

Two recent decisions from our neighbors in Indiana and Michigan provide guidance on what courts may expect from school districts responding to allegations of sexual assault. Pursuant to Title IX of the Education Amendments of…more

DOE, OCR, Public Schools, School Districts, Sexual Assault

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Employee Benefits Alert - July 2015

Major Revisions to Qualified Plan Determination Letter Process Announced - Effective January 1, 2017, the staggered five-year determination letter remedial amendment cycles for individually designed plans will be…more

Affordable Care Act, Annuities, Cadillac Tax, Compliance, Defined Benefit Plans

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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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DHS Adopts Regulations Giving Universities and Foreign Students Greater Flexibility

Effective May 29, 2015, the Department of Homeland Security will amend its regulations under the Student and Exchange Visitor Program (SEVP). The change will (1) eliminate existing limits on the maximum number of designated…more

DHS, Educational Institutions, F-1, IAEA, ICE

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NLRB’s Unanimous Decision Is Major Victory for College Sports

Yesterday, in a highly anticipated decision, the National Labor Relations Board (the Board) declined to exercise jurisdiction over the College Athletes Players Association’s (CAPA) representation petition. CAPA asked the Board…more

College Athletes, Educational Institutions, Football, NCAA, NLRA

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Illinois General Assembly Passes Pension Reform Bill

Both chambers of the Illinois General Assembly adopted the Conference Committee Report to Senate Bill 1 on December 3, 2013. The bill provides comprehensive pension reform for four state retirement systems – the Teachers’…more

Employee Benefits, Pensions, Retirement Plan

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A Review of the Supreme Court’s 2014 - 2015 Term

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in…more

Abercrombie & Fitch, Affordable Care Act, Affordable Housing, Afghanistan, Anti-Discrimination Policies

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“Sugar Bear” Unleashed: Employee with Emotional Disabilities May Be Entitled to Bring Comfort Animal to Work

A federal district court in Hawaii has ruled that the branch manager of a rental car company may have been discriminated against on the basis of his depression and adjustment disorder disabilities when he was terminated for an…more

Assistive Animals, Corporate Counsel, Disability, Reasonable Accommodation

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Continued Employment Is Not Sufficient Consideration For Restrictive Covenants Unless The Employee Remains Employed For At Least Two Years

In Illinois, it has long been recognized that a restrictive covenant in employment is enforceable so long as the employee engages in "substantial continued employment" after the employee signs the agreement…more

Continued Employment Doctrine, Discrimination, Employment Contract, Restrictive Covenants

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Illinois Court Finds Special Property Tax Exemption Unconstitutional

A property tax exemption designed to benefit a single aviation company was recently found unconstitutional by the Illinois Appellate Court. The exemption was only for fixed base operators (FBOs) providing aeronautical services…more

Aviation Industry, Educational Institutions, FBOs, Injunctive Relief, Property Tax

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Reminder: Amendments to Illinois Employment Laws Effective 2015

In recent months, we have reported on some significant amendments to Illinois employment laws on the horizon for 2015. Now that 2015—and these new requirements—are in full swing, we thought a brief recap and reminder of two key…more

Amended Legislation, Discrimination, Payroll Cards, Pregnancy Discrimination, Wages

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Requiring an Employee to Return from FMLA Leave "Without Restrictions" or "Fully Healed" Is Playing with Fire

Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot. Just ask Brookdale Senior Living Communities. Brookdale…more

ADA, Corporate Counsel, EEOC, Fitness for Duty Exams, FMLA

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Employee Defamation Claims: Why The Truth May Not Set You Free

A recent article posted by the ABA Journal highlighted the increased prominence of defamation claims in lawsuits brought by employees against their current or former employers. (“Fired workers increasingly add defamation claims…more

Corporate Counsel, Defamation, Electronic Communications, Employment Policies, False Statements

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Swimming Pool Violations Resulting In Big Fines For Hotels

The Illinois Swimming Facility Code and accompanying regulations contain requirements on virtually every aspect of swimming pool operation and maintenance. The Illinois Department of Public Health (IDPH) enforces these…more

Hotels, Penalties, Swimming Pools

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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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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 New FLSA Regulations: What Changed, What Didn’t, What’s Next for Employers

On June 30th, the Department of Labor’s Wage & Hour Division (WHD) announced its long-awaited proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar”…more

DOL, Exempt-Employees, FLSA, NPRM, Popular

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IRS to Prohibit Lump-Sum Cashout Windows for Pension Plan Retirees

Yesterday, the IRS issued Notice 2015-49, which abruptly announced the IRS’s intention to prohibit lump-sum cashout windows for pension plan retirees already in pay status. In recent years, many pension plan sponsors have…more

Beneficiaries, IRC, IRS, Lump Sum Offers, Pensions

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Continuing to Withstand Attack: Indiana Supreme Court Unanimously Upholds Indiana’s Right to Work Law

Last month, the Indiana Supreme Court unanimously upheld the Indiana Right to Work Law, rejecting a union’s claim that the state statute violates the Indiana Constitution. The Indiana Supreme Court’s decision comes roughly two…more

Hiring & Firing, Right to Work, Unions

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U.S. Supreme Court Rules that States Must Permit and Recognize Same-Sex Marriage

On June 26th, the United States Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment of the United States Constitution requires every state to issue marriage licenses to same-sex couples. In a 5-4 decision,…more

Benefit Plan Sponsors, Equal Protection, Fourteenth Amendment, Health Insurance, Marriage

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Work Program for Foreign Students: Changes are in the Offing After a Federal Judge Curtails the Program

On August 12, 2015, a federal judge in Washington D.C. ruled that the Department of Homeland Security (DHS) improperly enacted a 2008 rule extending “Optional Practical Training” (OPT) for eligible foreign students in STEM…more

DHS, Educational Institutions, F-1, Foreign Workers, H-1B

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Monthly Benefits Update - September 2013

Health & Welfare Plans - Health Care Reform: FAQ Part XVI Addresses Insurance Exchange Notice and 90-Day Waiting Period Requirement. The Treasury, the Department of Labor and the Department of Health and Human…more

Affordable Care Act, Business Associates, DOL, DOMA, ERISA

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Governor Quinn Signs New Eavesdropping Law

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014. After…more

Amended Legislation, Audio Recording, Eavesdropping, Educational Institutions, Employer Liability Issues

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NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new…more

Administrative Procedure Act, Ambush Election Rules, NLRA, NLRB, Quickie Election Rules

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NRLB Significantly Alters Framework for Analyzing Jurisdiction over Private College and University Faculty

Recently, the National Labor Relations Board (NLRB) issued its decision in Pacific Lutheran University and Services Employees International Union (Pacific Lutheran). In a ruling that could expand union formation among faculty at…more

Employer Liability Issues, Faculty, Jurisdiction, NLRA, NLRB

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EEOC’s “Reverse” National Origin Discrimination Suit Survives Motion to Dismiss

This week, a federal district court ruled that the U.S. Equal Employment Opportunity Commission (EEOC) made sufficient factual allegations of intentional discrimination against a local farming company to survive a motion to…more

Civil Rights Act, Discrimination, Disparate Treatment, EEOC, Farm Workers

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Persistence Pays Off: Federal Appeals Court Rejects NLRB’s Bid for Enforcement of Employer Bargaining Order

Last week, in Ozark Auto. Distribs., Inc. v. NLRB, the D.C. Circuit rejected the National Labor Relations Board’s attempt to enforce a bargaining order against an employer who had refused to bargain with a newly certified union…more

Appeals, Auto Parts, Automotive Industry, Collective Bargaining, NLRB

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Another Circuit Court Recognizes Schools’ Right to Discipline Students for Off Campus, Online Misconduct

In a recent case, the Court of Appeals for the Fifth Circuit joined four other circuits in recognizing the right of school districts to discipline students for at least some off-campus, online speech if the speech reasonably…more

Appeals, Disciplinary Proceedings, Educational Institutions, Facebook, Online Platforms

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White House Task Force Publishes Sample Law Enforcement MOU for Sexual Assault Cases

On January 26, 2015, the White House Task Force to Protect Students from Sexual Assault (Task Force) published new guidance on building partnerships between law enforcement agencies and institutions of higher education. Included…more

Colleges, Educational Institutions, FERPA, Law Enforcement, Memorandum of Understanding

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Illinois Appellate Court Affirms Preliminary Injunction Allowing International High School Student to Play Sports

Recently, in Makindu v. Illinois High School Student Association, the Second District of the Illinois Appellate Court affirmed a trial court’s grant of a preliminary injunction in favor of an international high school student’s…more

Appeals, Educational Institutions, F-1, IHSA, Immigration

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Governor Quinn Signs New Eavesdropping Law

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014. After…more

Amended Legislation, Audio Recording, Eavesdropping, Educational Institutions, Employer Liability Issues

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Court Dismisses EEOC’s Controversial Severance Agreement Lawsuit

As we reported in February 2014, the U.S. Equal Employment Opportunity Commission sued CVS Pharmacy in federal court in Chicago on a novel theory that the company’s standard separation agreement unlawfully deterred departing…more

Corporate Counsel, CVS, EEOC, Employer Liability Issues, Severance Agreements

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ISBE Releases New Guidance on Medication Administration in Schools

In April, the Illinois State Board of Education (ISBE) amended its 2010 guidance on self-administration of medication. Specifically, the new guidance document focuses on recent updates to Section 22-30 of the School Code (105…more

Board of Education, Education Code, Prescription Drugs, Public Schools, Students

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DOJ and DOE Warning: School Enrollment Practices Must Not Discourage Enrollment of Immigrant Students

According to the U.S. Departments of Justice and Education, U.S. school districts are discouraging student enrollment based on their parents’ illegal immigrant status. The Departments issued guidance, a frequently asked…more

Citizenship, Citizenship Status Discrimination, Department of Education, DOJ, Final Guidance

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Employee’s Threatening Behavior May Justify Mandatory Medical Examination

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers…more

ADA, Coca Cola, Employee Rights, Fitness for Duty Exams, Medical Examinations

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U.S. Supreme Court Unanimously Finds NLRB Recess Appointments Unconstitutional

As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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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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