Teachers

News & Analysis as of

PERC Decision Lays Groundwork for Negotiations Once Chapter 78 Contributions are Fully Implemented

New Jersey’s Public Employee Relations Commission (“PERC” or the “Commission”) has weighed in on the issues of (1) when health insurance contributions become negotiable once the fourth tier of contributions under Chapter 78...more

Seventh Circuit Again Limits Application Of The Wal-Mart Ruling And Certifies Chicago Teachers’ Discrimination Claims

In Chicago Teachers Union, Local No. 1, American Federation of Teachers, AFL-CIO v. Bd. of Educ. of the City of Chicago, Case No. 14-2843 (7th Cir. Aug. 7, 2015), the U.S. Court of Appeals for the Seventh Circuit reversed a...more

Does NC Law Prohibit Employers From Acting on Drunk Facebook Behavior?

In recent years, numerous employers have fired or taken other disciplinary action against employees based on antics posted on social media sites. The classic example of such reaction involves parents who discover that their...more

US Supreme Court Holds that Student’s Statement to Teacher can be Admitted at Trial

The U.S. Supreme Court (the “Court”) recently issued a unanimous decision as to whether or not prosecutors could introduce statements at trial when a child is not available for cross examination. The Court’s decision has...more

PAC Rules Collective Bargaining Preparatory Meetings are Subject to OMA

In a non-binding opinion, the Public Access Counselor (PAC) held that a school district violated the Open Meetings Act (OMA) when the board’s negotiations team, which included three board members, held a meeting to discuss...more

SEE YOU IN COURT – July/August 2015

Mr. Superintendent couldn’t believe that it is already again time for negotiations with the Nutmeg Union of Teachers (NUTS). However, when Mr. Superintendent told Mr. Chairman that teacher negotiations are coming up and...more

Appellate Court Notes

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

TRB Issues New Guidance Concerning the Reemployment of Retired Teachers

On June 17, 2015, Connecticut’s Attorney General issued an opinion concerning the “statutory limits on the compensation provided to reemployed teachers (including superintendents and other administrators) pursuant to Conn....more

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

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