News & Analysis as of

Teachers

DOL Issues Fact Sheet on Common Higher Education Positions

On April 12, 2018, the DOL released a new Fact Sheet relating to overtime pay at higher education institutions. The Fact Sheet confirms what many institutions viewed as a grey area—whether faculty teaching online or remotely...more

DOL Issues Guidance on Applicability of FLSA Exemptions to Higher Education Jobs

by Stinson Leonard Street on

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued a new fact sheet that discusses the applicability of the "white collar" exemptions of the Fair Labor Standards Act (FLSA) to jobs that are...more

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

CAS Legal Mailbag Question of the Week – April, 2018

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I have been fortunate to be the principal in a school district that provides building substitutes and I have often been able simply to assign one of my two building subs to cover for an absent teacher...more

The U.S. Supreme Court and the “Fate of the Union”

by Snell & Wilmer on

Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more

Retired Teacher’s Same-Sex Spouse Entitled to Retirement Benefits

by Fisher Phillips on

Last Month, in Gateway Sch. Dist. V. Gateway Educ. Ass’n, 783 C.D. 2017 (Pa. Commw. Ct. Feb. 28, 2018), a Pennsylvania court affirmed an arbitration decision holding that a retired teacher could add his same-sex spouse to his...more

NAIS and TABS Task Force Issue Final Report on Educator Sexual Misconduct

by Shipman & Goodwin LLP on

The Independent School Task Force on Educator Sexual Misconduct has released its final report, Prevention and Response: Recommendations for Independent School Leaders. This report incorporates feedback submitted in response...more

Web Exclusive: "It Can’t Happen Here, Can It?” Now Is The Time To Assess Your School’s Safety And Security Protocols

by Fisher Phillips on

Recent events at Marjory Stoneman Douglas High School in Parkland, Florida have caused many in the education community to think about their own campuses and the safety and security measures they have employed over the years....more

WV Legislative Brief - March 2018

by Steptoe & Johnson PLLC on

The 2018 teachers’ strike in West Virginia reached an end on Tuesday, March 6, 2018. The strike was the longest in state history, lasting a total of 13 days – 2 days longer than the 1990 teachers’ strike. The strike ended...more

West Virginia Legislative Brief: Commentary from Gil White - March 2018

by Steptoe & Johnson PLLC on

...After the first statewide strike in nearly 30 years, Governor Justice and leaders from the American Federation of Teachers - WV, WV Education Association, and the WV School Service Personnel Association reached an...more

Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more

CAS Legal Mailbag Question of the Week – February, 2018 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal in my building, I try to give teachers some space, so I don’t often stop by the teachers’ lounge. But yesterday I did so, and now I have a question. Originally published in the CAS...more

Jeena Lee-Walker V. N.Y.C. Dep’t Of Educ. Et Al.: Book Banning And The First Amendment

by Husch Blackwell LLP on

An application for writ of certiorari in the United States Supreme Court was recently filed by Plaintiff Lee-Walker in, Jeena Lee-Walker v. N.Y.C. Dep’t of Educ. et al. Plaintiff teacher filed a lawsuit against her previous...more

West Virginia Legislative Brief: Commentary from Gil White - February 2018

by Steptoe & Johnson PLLC on

...As predicted, teachers filled the State Capitol Thursday and Friday as the first teachers strike in nearly 30 years began. Legislators planned to go on with normal business. Committee meetings were also going on as usual,...more

National School Walk-out: Points to Consider as You Prepare

by Harris Beach PLLC on

An open letter - In light of recent events, schools across New York and the country are preparing for a student demonstration that could have millions joining a walkout. There are many stakeholders- students, parents,...more

CAS Legal Mailbag Question of the Week – February, 2018 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I don’t dare ask her, but I think that one of the teachers in my school has “histrionic personality disorder,” which DSM V describes as “a pervasive pattern of excessive emotionality and attention...more

Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit

by Carlton Fields on

The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract...more

CAS Legal Mailbag Question of the Week – February, 2018

by Shipman & Goodwin LLP on

Dear Legal Mailbag: This is the time of the year when some parents at my school really tick me off. It seems like every other day I receive an email or a call from a parent “informing” me that he or she will be withdrawing...more

West Virginia Legislative Brief: 2/2/2018

by Steptoe & Johnson PLLC on

Legislative Action by the Numbers: 912 bills introduced in the House 463 bills introduced in the Senate 29 bills have passed the House 43 bills have passed the Senate 1 bill has completed legislative action and been signed...more

Non-Renewal of Probationary Teacher Contracts

by Clark Hill PLC on

The deadlines are approaching for non-renewal of probationary teacher contracts. The probationary period is five years. Pursuant to MCL 38.83, a board of education must provide a probationary teacher with a definite...more

CAS Legal Mailbag Question of the Week – January, 2018 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am the principal of a middle school and, recently, the parent of a seventh-grade student here called me to complain about a teacher. I am fortunate to work in a civilized community, and such...more

CAS Legal Mailbag Question of the Week – January, 2018 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a middle school, sometimes I feel more like a referee than an educator. Recently, I have received a number of complaints from teachers about one seventh grade biology teacher...more

School Districts Gearing Up for 2018-2019 Hires with Special H-1B Rule

by McNair Law Firm, P.A. on

While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and...more

Vermont Legislative Preview 12-27-2017 - An analysis from DRM's Government & Public Affairs Team

Gov. Phil Scott and Democratic lawmakers spent much of the last legislative session circling each other like wary boxers, taking short jabs but each side reluctant to fully engage. Democrats seemed to be genuinely perplexed...more

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