Teachers

News & Analysis as of

Answering Your Questions about the New FLSA Regulations [Wage & Hour FAQ]

As you undoubtedly know by now, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing...more

June 26, 2015 Womble Legislative Update

The budget gridlock rumors on Jones Street are real. A decorated Christmas tree arrived in the Senate chamber this week to emphasize how far apart the two chambers are on next year’s spending plan. Next year starts on...more

ISBE Issues Updated Non-Regulatory Guidance on PERA and Senate Bill 7

The Illinois State Board of Education (ISBE) recently updated its Non-Regulatory Guidance on the Performance Evaluation Reform Act (PERA) and Senate Bill 7 (SB 7). Similar to the 2012 guidance, the updated Non-Regulatory...more

Is Your School District’s Lack of Social Media Guidelines Putting the District at Risk?

School districts are under growing scrutiny and criticism for the lack of clear social media guidelines and policies. For instance, after a Michigan teacher reportedly was sentenced to 6 to 15 years for an inappropriate...more

If You Can't Fire A Teacher For Criticizing Management, Who Can You Fire?

Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an...more

Teacher has Certification Suspended for One Year Following Facebook Posts that Ridicule Student’s Name

The issue of disciplining employees for their use, or more accurately, misuse of social media is one that is frequently in the headlines, and this is never more true than when it involves an educator. Recently the New Jersey...more

School Districts: Regulatory Changes to Teacher and Principal APPR (6/15)

As previously discussed in our April 15, 2015 information memo, classroom teacher and principal Annual Professional Performance Reviews (APPR) will be governed by new statutory and regulatory requirements beginning July 1,...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting Schools

The 2015 session of the Connecticut General Assembly has just concluded. A comprehensive summary and discussion of laws that were passed during the 2015 session will be forthcoming from this firm after the Governor has acted...more

NLRB Says Employer Cannot Rescind Contract for Employee Who Wrote Complaining Email to Co-Workers

As previously reported in EmployNews, recent National Labor Relations Board decisions have disrupted established guidelines with regard to employers’ obligations to tolerate uncivil and insulting behavior and comments from...more

NC Legislative Update for June 2015 #3

Our thoughts and prayers go out to the families of the victims and church members of the vicious shooting in Charleston, SC. This Week - The Senate budget writers were very active this week as lawmakers worked long...more

Laid-Off Chicago Teachers Clear Class Certification Hurdles

In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

Another Reason to Report Suspected Abuse or Neglect to DCF: Lawrence V. Weiner

We have repeatedly cautioned that those employees who are required by law to make reports to the Department of Children and Families [“DCF”] of suspected child abuse and neglect should always err on the side of caution and,...more

Appellate Court Confirms Group 2 Teachers Subject to RIF Have No Recall Rights

Last week, the Illinois Appellate Court’s Second District held that a teacher subject to dismissal based on a reduction in force (RIF) did not have recall rights because she was in RIF Grouping 2, and that the school district...more

CAS Legal Mailbag Question of the Week – May 22, 2015.

Dear Legal Mailbag: My school district is quite affluent, and parents here are quite engaged in their children’s education, which has its blessings and its challenges. One of the challenges here is the constant...more

Teacher Discipline Pursuant to §3020-a of the New York State Education Law: Significant Changes

Several years ago, there were changes made to §3020-a intended to streamline the process of disciplining a tenured teacher/administrator. Effective July 1, 2015, even more significant changes have been made to the statute...more

ERISA: Public School Teacher’s Employee Benefits Governed by ERISA? Yes!

When you see a claim for disability or life insurance benefits by a public school teacher, you might assume the claim is not governed by ERISA because of the governmental plan exception....more

Understanding and Managing Compliance with the Affordable Care Act for Schools

Under the Patient Protection and Affordable Care Act (“PPACA”), employers are required to offer healthcare coverage that meets the PPACA’s definitions of “affordable” and “minimum value” to all their full-time employees...more

Relying on Express Contractual Powers to Change Employees’ Terms

Three recent cases in the UK have highlighted the issues employers need to consider when they want to use express provisions in employment contracts to change employees' terms and conditions. Originally published online...more

School Districts: Changes To APPR And Teacher Tenure (4/15)

While not as extensive as first proposed by the Governor, the enacted 2015-2016 budget bill will result in significant changes to the structure of Annual Professional Performance Reviews (APPR) for classroom teachers and...more

Illinois Court Finds Teaching the “N” Word is Not Protected by the First Amendment

Recently, the United States District Court for the Northern District of Illinois addressed whether a teacher could be disciplined for using the word “n*gger” in a sixth grade classroom. In Brown v. Board of Education of the...more

Recent Guidance on Charter School Participation in State Pension Plans

In Illinois, charter school teachers and certain administrators are eligible to participate in the Illinois Teachers’ Retirement System (TRS) and the Chicago Teachers’ Pension Fund (CTPF). Both of these pension systems are...more

Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online

A recent lawsuit out of Ohio brings a local flare to what has otherwise become a relatively common story. We’ve all heard of teachers being disciplined or dismissed for posting something thoughtless online that led to...more

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

Court Reverses Board Decision Terminating Teacher for Blood Alcohol Test

An Illinois Appellate Court recently overturned the 2012 dismissal of a teacher who was terminated for being under the influence while at work. The opinion provides instructive guidance on how courts closely analyze a school...more

Minnesota Weekly Legislative Update: 03/2015

The legislature has finished the 11th week of session, meaning only nine weeks remain before the 2015 session comes to a close. With the first bill deadline approaching at the end of next week, committees have been conducting...more

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