Wednesday, April 23, 2014

Employment & Labor

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A “Mini” School Law Boot Camp: Employee Rights, Authored By: Morgan Godfrey and Shamus O’Meara, Date Published: 11/19/2009 9:31:41 AM, Page Count: 33, Product#: 274237
This article examines the historical rights of public employees under the United States Constitution and selected federal laws, together with developments in case law and federal laws affecting public employee rights. Employees' due process rights are not examined. In addition, state laws are not examined.
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A View from the Federal Appellate Docket: A Snapshot of Cases Impacting Public Schools, Authored By: Francisco Negron, Date Published: 10/30/2008, Page Count: 23, Product#: 270922
A snapshot of the federal school law appellate docket. This article was presented at the 2008 School Law Practice Seminar.
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ACA's Health Insurance Shared Responsibility Penalties and Update on IRS Regulations, Authored By: Christopher Stevenson, Date Published: 10/11/2013, Page Count: 19, Product#: 285653
Beginning in 2014, under the so-called “Play or Pay” rule, most school districts will be required to offer their full-time employees affordable health insurance or face new IRS penalties. This paper provides attorneys with a practical approach to preparing school districts for the new rule, including how to determine whether the rule applies to a particular school district, which employees will be considered full-time, and what to do about coaches, substitute teachers and other variable hour employees.
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Alternatives to Seniority-Based Layoffs: Trends and Strategies, Authored By: Frederick L. Dorsey and Daniel P. Murphy, Date Published: 10/14/2010 11:19:20 AM, Page Count: 8, Product#: 277266
Presented at the Council’s 2010 School law Practice Seminar, this paper addresses criteria, teacher evaluations including disciplinary incidents, performance, disciplinary actions, special offenses and what to include and what not to include in evaluations.
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An Offer They Can’t Refuse: Involuntary Resignations and Constructive Discharge Claims under Section 1983 and Title VII, Authored By: Christopher Campbell, Date Published: 10/10/2013, Page Count: 10, Product#: 285646
Voluntary resignations are the most efficient way to resolve employee misconduct. This paper focuses on the law of resignations and constructive discharge under Section 1983 and Title VII -- especially important in right-to-work states. Sample resignation forms will be provided along with an approach that school attorneys can tailor to their specific clients.
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An Update from the Courts, Authored By: NSBA/OGC, Date Published: 4/1/2004, Page Count: 13, Product#: 38322
Discusses a number of interesting Supreme Court opinions from the 2002-2003 term on diverse topics that will affect school districts.
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An Update on IRS Regulations and the Affordable Care Act, Authored By: Leza Conliffe, Date Published: 10/11/2013, Page Count: 7, Product#: 285654
This paper discusses the information reporting requirements, the Additional Medicare Tax, how those actions may affect school districts and identify the hot issues for school districts to watch that the IRS has placed on its "To Do" list for 2013-2014.
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An Update on Fair Labor Standards Act Claims Against School Districts, Authored By: Schafer, Allison and Mooney, Patrick B., Date Published: 5/1/2007, Page Count: 24, Product#: 40696
A discussion of the substantive issues under the Fair Labor Standards Act that are troublesome for school districts, including dual employment positions, employees volunteering for a duty not permitted by the FLSA, failure to track hours worked for purposes of overtime, and misidentifying employees as independent contracts.
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Applicability of the Fourth, Fifth, and Sixth Amendments to Investigations of Employee Misconduct, Authored By: Michael Julka and Michael, Date Published: 4/19/2012, Page Count: 21, Product#: 282608
This article describes the implications of the Fourth, Fifth and Sixth Amendments during a school district’s investigation of allegations of employee misconduct. These constitutional rights may take on different dimensions due to the special circumstances of the school environment.
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Armed Guards in Schools, Authored By: Thomas Wheeler, II and Joe Tanguma, Date Published: 10/12/2013, Page Count: 14, Product#: 285663
This paper provides the reader an opportunity to weigh both sides of the post-Newtown debate on school security and proposals to arm school staff. Current laws, legislative proposals, best practices, potential liability issues, and specific policy approaches regarding staff training are discussed.
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