When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve […]
There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter
November 7, 2019
The Wage and Hour Division (WHD) of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act (FMLA), even if the bargained-for policies are more generous. In […]
Originally posted on our Title IX Insights Blog Last week, at an excellent and well-attended ATIXA conference at which I had the honor of speaking, ATIXA leadership reported hearing hints that the U.S. Department of Education intends to drop the new Title IX regulations at […]
IL Court Clarifies RIF Rules When Tenured Teacher Evaluated Twice in One School Year
November 6, 2019
Decisions on reductions in force in school districts are not common in Illinois, so a recent opinion from the Fourth District Appellate Court warrants brief mention. The issue in a recent case, Nafziger v. Board of Education of Staunton Community […]
Last week, at an excellent and well-attended ATIXA conference at which I had the honor of speaking, ATIXA leadership reported hearing hints that the U.S. Department of Education intends to drop the new Title IX regulations at or near Thanksgiving. […]
Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts
November 5, 2019
In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome for the District hinged on the significant notice and […]
Illinois Appellate Court Requires School Board to Pay for Services Rendered Under an Invalid Construction Contract
November 5, 2019
A recent Illinois Appellate Court case appears to have closed a loophole through which some school districts and other public entities have avoided liability for work performed by construction companies under invalid contracts. Although the Illinois Supreme Court has agreed […]
DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek
November 5, 2019
On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees. Background For those not familiar with the […]