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Teachers Employer Liability Issues

Pullman & Comley - Labor, Employment and...

The FOIA and Eliminating Positions/Employees

Among other things, the FOIA provides that a public agency may enter into executive session for the purpose of discussion “concerning the appointment, employment, performance, evaluation, health or dismissal of a public...more

Morgan Lewis

Need for Action: Employment of Freelance Teachers

Morgan Lewis on

On June 28, 2022, the Federal Social Court (BSG) ruled on the employment of a music teacher (case reference: B 12 R 3/20 R). The teacher was deployed as a "freelance" teacher at a music school in Herrenberg and received a fee...more

Cozen O'Connor

Virginia Viewpoint: Executive Edits

Cozen O'Connor on

When the General Assembly reconvenes in Richmond next week, legislators will face a staggeringly full agenda. Ahead of Monday's 11:59 PM deadline, Governor Youngkin acted on more than 900 bills — vetoing 157, amending 159,...more

Fisher Phillips

Do’s and Don’ts for Your School When Conducting Job Interviews

Fisher Phillips on

The job interview is a crucial factor in maintaining a school’s community, identity, and safety. But it isn’t just a chance to vet applicants for compatibility with school culture and mission – it’s also when your school can...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Title IX Does Not Allow Employment Discrimination Claims

In a break from other federal appeals courts, the Eleventh Circuit ruled last week that Title IX does not provide school district and university employees with a private right of action to file sex-based discrimination...more

Seyfarth Shaw LLP

Seventh Circuit: A “Do-Over” Is Not an Accommodation

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The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

Fisher Phillips on

A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Venable LLP

An Independent School’s Guide to the New DOL Overtime Rule

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In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime....more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Franczek P.C.

Checklist for End of COVID Health Emergency

Franczek P.C. on

Governor Pritzker’s disaster proclamation, declaring a public health emergency due to COVID-19, ends today, May 11, 2023. As a result, COVID-leave rights, and other rights contingent upon the Governor’s public health...more

Seyfarth Shaw LLP

No Takebacks! Seventh Circuit Upholds Mistaken Union Membership

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 6, 2023, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Baro v. Lake County Federation of Teachers. The three-judge panel unanimously held that the Plaintiff’s mistaken...more

TNG Consulting

Navigating Accommodations for Pregnancy & Related Conditions Post-COVID

TNG Consulting on

The October 2022 release of the Department of Education’s resource for students and schools on Discrimination Based on Pregnancy and Related Conditions reminds Title IX Coordinators of their responsibility to address all...more

Tucker Arensberg, P.C.

Inconsistent Practice of Salary Schedule Placement for New Employees Can Lead to Equal Pay Claim

Tucker Arensberg, P.C. on

Rebecca Cartee-Haring v. Central Bucks School District, Civil Action No. 20-1995 (E.D. Pa. 8/24/22) (A federal court grants certification of a collective action by female teachers pursuing an Equal Pay Act claim for...more

Franczek P.C.

State’s COVID-19 Testing Requirement for Unvaccinated School Personnel Has Ended

Franczek P.C. on

Since September 2021, Governor J.B. Pritzker has required via executive order that unvaccinated school personnel undergo weekly testing for COVID-19 in order to continue working in a school.  As of today, that requirement has...more

Fisher Phillips

Court Permits Unequal Pay Collective Action to Proceed: What Schools Can Do to Proactively Avoid Wage Bias Litigation

Fisher Phillips on

A group of female teachers in Pennsylvania were recently given the green light by a federal court judge to proceed with their wage bias lawsuit as a collective action, which should provide schools across the country incentive...more

Fisher Phillips

Top 6 Workplace Law Predictions for Education Employers – and What You Should Do to Prepare

Fisher Phillips on

We recently provided our predictions for what education employers could expect to see in the area of workplace law over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition....more

Franczek P.C.

COVID-19 Paid Leave Law: FAQ

Franczek P.C. on

The COVID-19 paid leave law has raised both legal and practical questions for school administrators. To further assist with following the mandates of the law, we have prepared a model form that schools can use when receiving...more

Pullman & Comley - School Law

The Latest on the End of Statewide Mask and Vaccination Mandates in Connecticut Schools

We have written repeatedly in these pages about the status of statewide masking and employee vaccination mandates for Connecticut schools (both public and private) schools. ...more

CDF Labor Law LLP

Mask Mandates In California Schools Will Remain Through At Least February 28

CDF Labor Law LLP on

At the end of today, the statewide California mask mandate applicable in all public indoor settings expires.  As we published yesterday, under the new guidance, starting tomorrow, vaccinated employees and customers may no...more

Steptoe & Johnson PLLC

U.S. District Court Enjoins Vaccine Mandate for Federal Contractors in Kentucky, Ohio, and Tennessee

Steptoe & Johnson PLLC on

As educational institutions sort through the contradictory patchwork of legal requirements regarding COVID vaccine mandates that have emerged over the past year, a U.S. District Court in Kentucky added one more wrinkle. While...more

Fisher Phillips

A Pay Audit is the Perfect Way for Schools to Ring in the New Year

Fisher Phillips on

The end of the year is always a good time to assess what measures you can take to ensure compliance with employment laws and strive for a positive work environment at your school. A pay equity audit is one such measure that...more

Littler

Oregon Federal Court Joins Other Jurisdictions in Denying Challenge to Government-Issued Vaccine Mandate

Littler on

On October 18, 2021, in a 55-page opinion, an Oregon federal district court denied a request for a temporary restraining order (TRO) to prevent the Oregon Health Authority’s (OHA) recent orders requiring that educational and...more

Pullman & Comley - School Law

The COVID-19 Vaccine Mandate for Connecticut School Employees – The Latest “Implementation” Guidance

On September 10, 2021, Governor Lamont issued Executive Order 13G, which set forth a revised COVID-19 vaccination mandate for Connecticut school employees (and childcare facilities). As my colleague, Melinda Kaufmann noted,...more

Franczek P.C.

Governor’s Executive Order Requiring Exclusion of Students and School Personnel

Franczek P.C. on

Late Friday, Governor Pritzker issued Executive Order 2021-24 requiring schools to exclude students and school personnel for COVID-19 diagnosis, exposure, or symptoms. School districts, not the local health department, are...more

Franczek P.C.

ISBE Emergency Rules Regarding Mandatory Vaccinations

Franczek P.C. on

Last week, ISBE published Emergency Rules regarding Mandatory Vaccinations for School Personnel. The Emergency Regulations clarify the requirements under Governor Pritzker’s Executive Order 2021-22. ...more

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