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Report Link FTC's Enforcement of the Red Flags Rule Delayed to June 1, 2010.Fisher & Phillips, LLP - November 04, 2009 On October 29, 2009, we alerted schools to the looming November 1, 2009 deadline of the Federal Trade Commission's Red Flags Rule. This rule was implemented by the Federal Trade Commission (FTC) and mandates that financial institutions and creditors with covered accounts develop and implement a written program that detects, prevents, and mitigates identity theft. Report Link Eductation Industry: Raising A Red Flag.Fisher & Phillips, LLP - October 30, 2009 Many schools have been contacted by vendors advising that the school must set up an identity theft program to comply with the new federal regulations called the "Red Flags Rule." This rule was implemented by the Federal Trade Commission (FTC) and mandates that financial institutions and creditors with covered accounts develop and implement a written program that detects, prevents, and mitigates identity theft. Report Link Education Update: "ID, Please" – School Security In The 21st Century.Fisher & Phillips, LLP - October 05, 2009 Having just observed the eighth anniversary of the September 11 attacks, it's worth considering how much we have become accustomed to enhanced security measures in our day-to-day lives. Anyone who has traveled through a U.S. airport, shown up for jury duty at the local courthouse, or even attended a ball game over the past few years, knows that things aren't what they used to be. We've all become used to increased security, and we're usually willing to go along with the inconveniences and invasions of privacy, especially if it's clear the enhanced measures actually decrease the chances of an incident. Report Link Court Hands School A Victory On Issue Of Student Sexuality.Fisher & Phillips, LLP - October 05, 2009 Issues of student sexuality have been emerging in private schools for the last five years or so. Questions abound regarding student sexual-orientation rights in religious and non-religious schools, regarding the rights of students to create gay and lesbian school clubs, and regarding the propriety of administrators' disclosure of student same-sex relationships to parents. In some situations, private schools have been sued for taking strong action where the administration determined that students who are engaging in same-sex relationships have violated the school's religious principles. Report Link Education Update: New Law, New Recordkeeping HeadachesFisher & Phillips, LLP - July 10, 2009 Under recently-enacted legislation, educational institutions may find themselves defending discrimination claims arising from tenure or other types of employment decisions made long ago. Report Link Education Update: Student Golfer's Lawsuit Lands In The Rough.Fisher & Phillips, LLP - July 10, 2009 A school's right to control student membership in extracurricular activities was upheld recently as a North Carolina judge dismissed a breach-of-contract lawsuit brought by a collegiate golfer expelled from the school's team. The story received national media attention because it involved a prestigious school (Duke University), the son of a famous politician (Andrew Giuliani, son of former NYC Mayor and Presidential candidate Rudy Giuliani), and a set of facts and allegations more befitting a soap opera than a college campus. Here's a summary: Report Link Pre-Injury Releases Now in Question in Florida.Fisher & Phillips, LLP - January 13, 2009 A recent Florida Supreme Court decision leaves more questions than answers when it comes to the enforceability of pre-injury releases executed by parents on behalf of a minor child who participates in school-sponsored activities. In the decision released on December 11, 2008, the Supreme Court held that a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity. But the Supreme Court left open the possibility that, despite differing policy considerations, its reasoning may apply to pre-injury releases involving school or community activities. Report Link Tough Economic Times Mean Tough Decisions for Schools.Fisher & Phillips, LLP - January 13, 2009 As the economic crisis in our country continues, schools are trying to make predictions and hard decisions regarding staffing. Many schools are trying to determine whether and where they should cut staffing and programs based on projections for enrollment next year. Although most private schools issue contracts for returning teachers between February and April, they may not know the full extent of their re-enrollment commitments until later in the spring. Worse yet, parents who do commit in the spring may change their mind if the parent's financial situation changes after signing the re-enrollment contract. Report Link Education Labor Letter: School Found Liable in Off-Duty Injury of Student.Fisher & Phillips, LLP - November 10, 2008 "Be friendly, but do not be their friend," is an old adage often used to remind parents and educators of their responsibilities when dealing with students. Today's teachers and school administrators face the daunting task of trying to relate to high school students while maintaining a position of authority. The lines are often blurred and easily crossed with damaging, and in one instance deadly, results. Report Link Education Labor Letter: Engaging Non-Teaching Staff Members.Fisher & Phillips, LLP - September 08, 2008 Schools generally do a wonderful job of evaluating students and teachers on a regular basis. Surprisingly, very few schools have formal processes for evaluating non-teaching staff. Yet despite an absence of formal evaluations, every school has their "stars" – non-teaching staff members who are motivated without any prodding from their administrator. They go the extra mile and figure out what must be done and do it without being told. They anticipate problems from teachers and parents and solve them with a smile on their face. Report Link Education Labor Letter: Foreign Students: What Are Your School's Rights and Obligations?Fisher & Phillips, LLP - September 08, 2008 As the Admissions Director of a private elementary or secondary school, you receive a call that one of your students was stopped by U.S. Immigration at the border and will not be allowed to return to school because he does not have a "student visa." How did this happen? And what are the obligations of a private school regarding the immigration status of foreign students who are enrolled or want to attend your school? Report Link Top Five Mistakes Made by Independent Schools.Fisher & Phillips, LLP - September 08, 2008 A new school year approaches and the momentum to "start fresh" is at its annual high. Take advantage of this momentum and spend a few minutes reviewing your school's employment procedures, practices and policies. To help you, we have compiled a "Top Five" list of the most common mistakes made by independent schools.... Report Link Education Labor Letter: New Requirements for 403(b) Plans.Fisher & Phillips, LLP - July 07, 2008 403(b) plans are tax-qualified retirement plans maintained only by nonprofit organizations and public school systems. Plan assets are invested in annuity contracts or custodial accounts instead of a tax-exempt trust, like 401(k) plan assets. Historically, 403(b) plans were subject to very little regulation by the IRS and DOL. Report Link Education Labor Letter: Trans(cending) Gender in Schools.Fisher & Phillips, LLP - July 07, 2008 A ninth grader at your school asks to exempted from the school's dress and appearance requirements based on her gender identity. Another student advises that his doctor recommends that he no longer use the boy's bathroom due to intimidation that the student is experiencing in the restroom by some of the boys that view him as too feminine. Report Link Education Labor Letter: Why Your School Needs an Employee Handbook.Fisher & Phillips, LLP - July 07, 2008 No matter the school size, any school benefits from an up-to-date, lawful employee handbook. Comparatively, the larger the school, the larger the benefits to the school. Report Link Education Labor Letter: When Can (and Should) a School Require a Student to Undergo a Medical Evaluation?Fisher & Phillips, LLP - March 12, 2008 A ninth grade student is sitting in your office because he said "wouldn't it be nice if you died tomorrow" to another student. And you learned that days prior to the comment, the same student had punched the student to whom he made the comment. Your first inclination is to require the student to submit to a psychiatric evaluation. But should you do so? Teachers and school administration frequently take a holistic view of dealing with students. Such an approach at times may be inconsistent with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act (for schools receiving federal funding). Report Link Public School Newsletter (February 2008) (pdf).Littler Mendelson, P.C. - March 12, 2008 Topics covered in this issue include the following: District ordered to comply with Personnel Commission's decision to reinstate employee to former position; presumption of arbitrability applies in cases involving retired employees; court distinguishes meaning between Free Appropriate Public Education under IDEA and Section 504 of the Rehabilitation Act. One new Public Employment Relations Board decision is discussed, as well as legislative issues regarding the Governor declaring a Fiscal Emergency. In the news, the public reacts to the declaration of the Fiscal Emergency and a study finds that many students believe cheating is acceptable conduct. Report Link Education Labor Letter: Learning Disabled – But Compared To Whom?Fisher & Phillips, LLP - January 07, 2008 Is a failing medical student "disabled" under the Americans with Disabilities Act (ADA) merely because she is no longer a scholastic success at the graduate school level? The U.S. Court of Appeals for the District of Columbia Circuit recently answered "no." Report Link Education Labor Letter: Private Entity Found Not Liable Under IDEA.Fisher & Phillips, LLP - January 04, 2008 The U.S. Courts of Appeals for the 2nd and 6th Circuits, have each held that a private school is not liable under the federal Individuals with Disabilities Education Act (IDEA) to handicapped students or their parents who allege that they are not receiving an appropriate specialized education program. But, what about a private entity that actually contracts with the state to provide an "individualized education program" and provides the education program in the public classroom building? Report Link Education Labor Letter: Service Animals-in-Training: Must You Allow Non-Disabled Employees To Train Service Animals on Your Campus?Fisher & Phillips, LLP - January 04, 2008 Your school librarian tells you that next month, she will begin bringing to school a service dog that she is currently training and tells you that the dog is a great, unbiased listener for slower reading children. Before you automatically reject this fairly unique concept, read on. Report Link Supreme Court’s "IDEA" Boon To Private Schools.Fisher & Phillips, LLP - November 08, 2007 The U.S. Supreme Court recently resolved the issue of whether the Individuals with Disabilities Education Improvement Act (IDEA) provides for private school tuition reimbursement for students that have not received special education from a public agency. On October 10, 2007, the Court, in a four-four split, ruled in favor of respondent Tom F. and held that the IDEA does provide for private school tuition reimbursement for students who have not attempted a public school education. Report Link Combating School Violence.Fisher & Phillips, LLP - November 08, 2007 From Columbine to Virginia Tech to the "Jena 6," media coverage of violence in our schools spotlights what appears to be a growing problem. With another recent school shooting again making headlines, we may not realize that serious violent crimes – rape, sexual assault, robbery and aggravated assault – occurring in our schools are actually on the decline. Report Link Tenth Circuit Finds that the University of Colorado Boulder's Failure to Prevent Alleged Sexual Assaults May Be the Result of Deliberate Indifference.Littler Mendelson, P.C. - October 09, 2007 In a decision that could have a far-reaching impact on universities and colleges, the Tenth Circuit Court of Appeals, in Lisa Simpson; Anne Gilmore v. University of Colorado Boulder, Nos. 06-1184 and 07-1182 (Sept. 6, 2007), found that the evidence presented was sufficient to support the findings that: (1) Colorado University ("CU" or "University") had an official policy of showing high school football recruits a "good time" on their visits to the CU campus; (2) the alleged sexual assaults were caused by CU's failure to provide adequate supervision and guidance to player-hosts chosen to show the football recruits a "good time;" and (3) the likelihood of such misconduct was so obvious that CU's failure was the result of deliberate indifference. Report Link New IRS Rule Won't Affect Teacher Salaries In Upcoming School Year.Fisher & Phillips, LLP - September 06, 2007 On August 7 the Internal Revenue Service reassured teachers and other school employees that new deferred-compensation rules under Section 409A (discussed in the July/August 2007 issue of the Fisher & Phillips' Education Labor Letter entitled "Are Teachers' Salaries Deferred Compensation?") will not affect the way their pay is taxed during the upcoming school year. Report Link Court Grants Teachers with Provisional Credentials Right to Layoff Hearing, Ruling that Classification of Teachers Based Solely on Type of Credential Is Improper.Littler Mendelson, P.C. - February 07, 2007 This ASAP reports on an important decision issued by the California Court of Appeal regarding teachers serving under provisional credentials. The December 19, 2006, decision issued by California's Fifth District Court of Appeal, in Bakersfield Elementary Teachers Association v. Bakersfield City School District, has wide-ranging implications regarding employment of certificated employees in school districts and county offices of education throughout California. The decision affects not only how certificated employees are classified as temporary, probationary, or permanent, but also addresses the rights that must be extended to such employees. Report Link Public School Newsletter: February 2007 (pdf).Littler Mendelson, P.C. - February 06, 2007 Topics covered in this issue include the following: Public employees may refuse to answer questions during investigation that may lead to criminal prosecution, unless provided immunity. A California Court of Appeal has issued a new opinion in a case regarding charter schools as public entities. The United States Supreme Court has granted consolidated review in two labor union cases. Two new Public Employment Relations Board decisions are discussed, as well as legislative issues surrounding Proposition 98, AB 16 and Trans Fat related bills. And in the news, a school denied a deaf student's request to bring his service dog to school, and a Title IX filing in New York State determined that female cheerleaders must cheer for boys as well as girls.
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ArticlesFound: 26 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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