Teachers

News & Analysis as of

The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more

No Good Deed Goes Unpunished: Past Practice as a Trap for the Unwary

No good deed goes unpunished, or so the old saying goes. And employers who are unaware of the concept of “past practice” soon learn the meaning of this expression. Recently a Connecticut Superior Court decision, which upheld...more

Good News! New 409A Regulations (Yes, Really!) – Part 4: Getting Paid

On the TV show Futurama, the aged proprietor of the delivery company Planet Express, Professor Hubert J. Farnsworth, had a habit of entering a room where the other characters were gathered and sharing his trademark line,...more

Education Legislation Summary 2016

2016 SESSION - CONNECTICUT GENERAL ASSEMBLY - In its 2016 regular and special sessions, the General Assembly made a number of changes in the statutes that affect public education in Connecticut. This summary is...more

The New Wage And Hour Regulations: Is Your Institution in Compliance?

The long awaited changes to the federal wage and hour regulations were finally released by the Department of Labor (USDOL) on May 18, 2016. The changes, which generally relate to the salary basis amount required for the white...more

Employment Law Letter - Summer 2016

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

North Carolina Legislative Update - July 2016

It is a busy week at the General Assembly as legislators are pushing through the final days of the 2016 short session. The legislature is expected to adjourn for the year either late today, July 5, or tomorrow, July 6. The...more

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

The Pennsylvania Supreme Court Expands Application of Transfer Between Entities Act

Central Westmoreland Career and Technology Center Education Association v. Penn-Trafford School District (Pa. Supreme Court, decided February 16, 2016). The Pennsylvania Supreme Court held that paragraph (b.1) of the...more

See You In Court - June 2016

Given the chronic underfunding of education in Nutmeg by the Board of Finance and its irascible Chairperson, Seymour Dollars, the Nutmeg Board of Education has had to be careful in its spending on discretionary issues,...more

Legislative Update

Senate Passes Budget Bill (HB1030) - The State Senate passed its version of the 2016-17 spending plan this week, setting the stage for a conference committee to work out the differences between the two chambers’...more

NC Legislative Update - June 2016

This Week - While the Senate was predominantly focused on the budget this week, the House moved forward with a number of high-profile issues. By a vote of 60-49, the House approved House Bill 1080, sponsored by Rep....more

CAS Legal Mailbag Question of the Week – June 2016

Dear Legal Mailbag: Last year, I was a first-year principal at my elementary school and, as I got my sea legs, I let various things slide. However, this year I have a much better idea about the way my school should run....more

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage...more

A Minnesota Court Rules Pre-Kindergarten Instructors Should Be Excluded From A Teacher Collective Bargaining Unit

For many Michigan school districts, pre-kindergarten instructors are usually included in a teacher/professional collective bargaining unit. The state of Minnesota has adopted a contrary viewpoint. The Minnesota Court of...more

California Teachers Seek Rehearing Before Full U.S. Supreme Court Regarding Constitutionality of “Agency Shop” Fees for Non-Union...

Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have...more

Legislative Update

House Passes Budget: This week was budget week at the General Assembly with the House passing a $22.22 billion budget by week’s end. The budget drew more bipartisan support than any other budget since the Republicans...more

School Districts: Here We Go Again…(Most) Recent Changes To APPR Regulations (5/16)

On May 16, 2016, Board of Regents yet again issued revised emergency regulations related to teacher and principal annual professional performance reviews (APPR). These new regulations go into effect on June 14, 2016....more

The New FLSA Exemption Rules and Higher Education

As we previously reported, the Department of Labor has now issued its long-anticipated final overtime exemption rules for white collar workers. In addition, the DOL published more detailed guidance for higher education...more

CAS Legal Mailbag Question of the Week - April 2016 #3

Dear Legal Mailbag: I know it may seem like a silly question, but do teachers ALWAYS have a right to a union representative at a meeting with an administrator? Recently, I invited my art teachers in for a meeting to...more

Minnesota Weekly Legislative Update

Thursday, April 21 was the third bill deadline at the Legislature, by which date committees must act favorably upon all major appropriation and finance bills. During the week, committees in both the House and Senate met...more

Intellectual Property Risks With School And Teacher Websites

Teachers and school districts continue to find new ways to use technology both in and out of the classroom. For example, it is becoming more and more common for teachers to launch their own classroom websites. ...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

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