Author Info for Franczek P.C.

John Anders

Week in Review: Get Ready for SCOTUS’s Upcoming Education Law Decisions and Catch Up on Recent FLSA, Higher Ed, and EEOC Guidance

This week, we are catching up on developments from the Department of Labor for determining whether someone is an independent contractor or employee, a nomination to restore a quorum at the EEOC, continued cuts to K-12 education… more

Americans with Disabilities Act (ADA), Department of Education, Department of Labor (DOL), Educational Institutions, Equal Employment Opportunity Commission (EEOC)

See all updates »

Kaitlin Atlas

Supreme Court October Term 2024 – Education Cases to Watch

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each year… more

Americans with Disabilities Act (ADA), Charter Schools, Colleges, Disability Discrimination, Equal Protection

See all updates »

Nicki Bazer

How to Identify State Action in the Context of Public Officials Using Social Media

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal social… more

Employment Policies, First Amendment, Government Officials, Lindke v Freed, O’Connor-Ratcliff v Garnier

See all updates »

Brittany Begley

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access her… more

California, Constitutional Challenges, First Amendment, Free Speech, Government Officials

See all updates »

Jared Costanzo

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title VI,… more

Civil Rights Act, Colleges, Department of Education, Educational Institutions, Executive Orders

See all updates »

Brian Crowley

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access her… more

California, Constitutional Challenges, First Amendment, Free Speech, Government Officials

See all updates »

Dana Fattore Crumley

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with… more

Americans with Disabilities Act (ADA), Appeals, Burden of Proof, Disability Discrimination, Educational Institutions

See all updates »

Ares Dalianis

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –… more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

Adam Dauksas

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –… more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

Amy Kosanovich Dickerson

President Trump Signs Executive Order Requiring Sex-Based Classifications

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes on… more

Anti-Discrimination Policies, Civil Rights Act, Department of Education, Discrimination, Equal Protection

See all updates »

Rachel Domash

Appellate Court Finds Employer Intent Matters in Dues-Related Unfair Labor Practice Charges

Under the Illinois Educational Labor Relations Act, an employer’s failure to deduct and remit union dues based on a valid authorization by the employee or a collective bargaining agreement may be an unfair labor practice… more

Appeals, Educational Institutions, Employee Rights, Employer Responsibilities, Employment Litigation

See all updates »

Jennifer Dunn

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB

In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB… more

Administrative Law Judge (ALJ), Article II, Constitutional Challenges, NLRA, NLRB

See all updates »

J. Todd Faulkner

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed… more

Appeals, Article III, Board of Trustees, Censures, First Amendment

See all updates »

Reva Ghadge

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title VI,… more

Civil Rights Act, Colleges, Department of Education, Educational Institutions, Executive Orders

See all updates »

Hailey Golds

School District Wins Appeal in Teacher’s First Amendment Challenge

On August 23, 2025, the Seventh Circuit Court of Appeals affirmed an earlier ruling for Township High School District 211 in Hedgepeth v. Britton, et al., concerning the district’s dismissal of a high school teacher in… more

Appeals, Constitutional Challenges, Employment Litigation, Employment Policies, First Amendment

See all updates »

K. Hope Harriman

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB

In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB… more

Administrative Law Judge (ALJ), Article II, Constitutional Challenges, NLRA, NLRB

See all updates »

Michael Hernandez

DEI Legislation in Alabama – A Roadmap for Further State Action?

In March, Alabama enacted legislation targeting Diversity, Equity, and Inclusion (DEI) initiatives. The law, SB129, is set to take effect on October 1, 2025. If enacted, it would prohibit public schools and universities from… more

Diversity and Inclusion Standards (D&I), Educational Institutions, First Amendment, New Legislation, Preliminary Injunctions

See all updates »

David Johnson

Chicago City Council Passes Ordinance Requiring Nonprofit Contractors to Enter into Labor Peace Agreement with Unions

On March 15, 2023, the Chicago City Council overwhelmingly voted to approve an ordinance requiring labor peace agreements between workers and Chicago-funded nonprofit organizations providing critical public health and social… more

City of Chicago, Contractors, Employee Rights, Employees, Employer Liability Issues

See all updates »

Caroline Kane

The DEI Divide: An Overview of the Varying Positions on Corporate DEI Policies Across the U.S.

As corporate diversity, equity, and inclusion initiatives (“DEI”) face increasing legal and political scrutiny, a deep divide is emerging among states on how they view these initiatives. Some states are doubling down on their… more

Anti-Discrimination Policies, Civil Rights Act, Corporate Governance, Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

Kristen Kinast

IDHR Releases Racism-Free Schools Training

On August 1, 2024, the Racism-Free Schools Law went into effect. As we previously reported, the Racism-Free Schools Law established several requirements for Illinois school districts, charter schools, and nonpublic, nonsectarian… more

Anti-Discrimination Policies, Educational Institutions, Racial Bias, School Districts, Training Requirements

See all updates »

Scott Metcalf

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –… more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

James Petrungaro

IDHR Releases Racism-Free Schools Training

On August 1, 2024, the Racism-Free Schools Law went into effect. As we previously reported, the Racism-Free Schools Law established several requirements for Illinois school districts, charter schools, and nonpublic, nonsectarian… more

Anti-Discrimination Policies, Educational Institutions, Racial Bias, School Districts, Training Requirements

See all updates »

William Pokorny

School District Wins Appeal in Teacher’s First Amendment Challenge

On August 23, 2025, the Seventh Circuit Court of Appeals affirmed an earlier ruling for Township High School District 211 in Hedgepeth v. Britton, et al., concerning the district’s dismissal of a high school teacher in… more

Appeals, Constitutional Challenges, Employment Litigation, Employment Policies, First Amendment

See all updates »

Sally Scott

School District Wins Appeal in Teacher’s First Amendment Challenge

On August 23, 2025, the Seventh Circuit Court of Appeals affirmed an earlier ruling for Township High School District 211 in Hedgepeth v. Britton, et al., concerning the district’s dismissal of a high school teacher in… more

Appeals, Constitutional Challenges, Employment Litigation, Employment Policies, First Amendment

See all updates »

Jennifer Smith

Seventh Circuit Court of Appeals to Reconsider Transgender Student Access to School Facilities

The Seventh Circuit Court of Appeals is reconsidering its prior decisions that had established a legal right for transgender students to access bathrooms consistent with their gender identity. The reconsideration is based on the… more

Appeals, Equal Protection, Gender Identity, Judicial Authority, School Districts

See all updates »

Melissa Sobota

Governor Pritzker Vetoes HB 2778; Announces Collaborative Initiative to Provide Paid Leave for Vaccinated School District, Public University and Community College Employees

Illinois Governor J.B. Pritzker released an official statement this week vetoing HB 2778 and announcing in its place a joint initiative reflecting a compromise with the Illinois Federation of Teachers, the Illinois Education… more

Colleges, Coronavirus/COVID-19, Governor Pritzker, Governor Vetoes, Infectious Diseases

See all updates »

John Swinney

DEI Legislation in Alabama – A Roadmap for Further State Action?

In March, Alabama enacted legislation targeting Diversity, Equity, and Inclusion (DEI) initiatives. The law, SB129, is set to take effect on October 1, 2025. If enacted, it would prohibit public schools and universities from… more

Diversity and Inclusion Standards (D&I), Educational Institutions, First Amendment, New Legislation, Preliminary Injunctions

See all updates »

Tracey Truesdale

NLRB General Counsel Enters the Fray on Non-Competes, Declaring They May Violate Federal Labor Law

For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may work… more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Intellectual Property Protection

See all updates »

Emily Tulloch

100 Days In: Where Do Things Stand?

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new… more

Constitutional Challenges, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions, Employer Responsibilities

See all updates »

Kathryn Vander Broek

Illinois Supreme Court: IFT Lobbyist Entitled to TRS Pension for One Day of Substitute Teaching

In a split decision issued earlier this month, a majority of the Illinois Supreme Court held that a career lobbyist for the Illinois Federation of Teachers (IFT) union who worked one day as a substitute teacher could receive a… more

Constitutional Challenges, IL Supreme Court, Lobbying, Pensions, Retirement Plan

See all updates »

Karen Villagomez

Nationwide Injunctions After Trump v. Casa

In Trump v. Casa, the Supreme Court addressed three emergency applications challenging the use of universal injunctions that bar enforcement of federal action across the country. The case concerned the entry of a temporary… more

Class Action, Constitutional Challenges, Executive Orders, Government Agencies, Injunctive Relief

See all updates »

Erin Walsh

Governor Signs Legislation Clarifying Health Care Right of Conscience Act Does Not Apply to COVID-19 Safety Measures

This week, Governor Pritzker signed Senate Bill 1169 into law, clarifying the legislative intent of the Health Care Right of Conscience Act (HRCRA) to allow employers the right to “take any measure or impose any… more

Coronavirus/COVID-19, Employer Mandates, Governor Pritzker, New Legislation, Right of Conscience

See all updates »

Michael Warner Jr.

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB

In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB… more

Administrative Law Judge (ALJ), Article II, Constitutional Challenges, NLRA, NLRB

See all updates »

Franczek P.C.

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"