Originally posted on our Title IX Insights Blog. Yesterday, the U.S. Department of Education’s Office for Civil Rights, or OCR, issued a Notice of Interpretation stating that Title IX of the Education Amendments of 1972 prohibits discrimination against LGBTQ+ students and employees […]
Category: Wage and Hour Insights Blog
Two Cases Illustrate Themes of Successful Higher Education Institutions in Breach of Contract Claims for Remote Instruction
Due to the COVID-19 pandemic, many higher education institutions transitioned to remote instruction, causing students to attend classes online, move out of dorms, and forego the traditional college experience. As a result, a growing number of students have filed lawsuits across the […]
How Religious are You? Catholic University Withdraws Recognition from Union Claiming Religious Exemption
The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational institutions. In October 2020, […]
Franczek Partner Nicki Bazer Published on NSBA Website
Franczek P.C. partner Nicki Bazer published an article titled “Student Privacy Safeguards” on the National School Boards Association (NSBA) website. The article examines how to navigate the legal use of online curriculum during the pandemic and beyond and offers school […]
Pay Me Now, or Pay Me Later? Wages Paid for Anticipated Overtime are Excludable from Employees’ Regular Rate
The Department of Labor (“DOL”) released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor Standards Act (“FLSA”) and whether […]
On December 17, 2020, the Illinois Supreme Court ruled that a community college violated the Illinois Public Community College Act when it replaced laid off tenured faculty members with adjunct faculty. The case addressed Section 3B-5 of the Act, which […]
Hundreds of Organizations Ask Biden for Immediate Change in Title IX; How Realistic are the Demands?
Originally posted on our Title IX Insights Blog. Over 100 self-described advocates for civil rights and student survivors of sexual assault and harassment recently signed a letter asking President-elect Joe Biden to “stop enforcement” of the new Title IX rules “as soon […]
Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools
Originally posted on our Title IX Insights Blog. Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a […]