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Archive by tag: Franczek P.C.Return

Illinois Department of Human Rights Issues Guidance on Anti-Harassment Training

In 2019, the Illinois General Assembly enacted, and Governor Pritzker signed into law, P.A. 101-0221, containing sweeping new measures to combat workplace harassment....By: Franczek P.C.
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Franczek P.C. | Feb 06,2020 |

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for dismissal....By: Franczek P.C.
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Franczek P.C. | Jan 22,2020 |

Jail Time for Responsible Employees Under Title IX? In Texas, Maybe

We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in Texas, where lawmakers recently passed...By: Franczek P.C.
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Franczek P.C. | Jan 08,2020 |

Post-Janus Legislation Weakens Impact of Supreme Court’s Decision and Imposes Heightened Requirements on Public and Educational Employers

Senate Bill 1784, which passed both houses of the General Assembly and currently is awaiting the Governor’s signature, contains several provisions that weaken the impact of the United States Supreme Court’s Janus decision and are likely to increase a...By: Franczek P.C.
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Franczek P.C. | Dec 19,2019 |

Non-Union Members Denied Fair-Share Fee Refunds After Janus

Earlier this month, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585, U.S. ____ (2018), in...By: Franczek P.C.
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Franczek P.C. | Nov 27,2019 |

ISBE Revises Section 24-14 Guidance on Teacher Resignations After Recent Statutory Amendments

As we reported at the time, in 2015 the Illinois State Board of Education (ISBE) issued non-regulatory guidance regarding the application of Section 24-14 of the Illinois School Code to teacher resignations. After amendments to Section 24-14 in the...By: Franczek P.C.
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Franczek P.C. | Nov 13,2019 |

There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter

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...By: Franczek P.C.
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Franczek P.C. | Nov 08,2019 |

IL Court Clarifies RIF Rules When Tenured Teacher Evaluated Twice in One School Year

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...By: Franczek P.C.
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Franczek P.C. | Nov 06,2019 |

Illinois Appellate Court Requires School Board to Pay for Services Rendered Under an Invalid Construction Contract

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....By: Franczek P.C.
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Franczek P.C. | Nov 05,2019 |

DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek

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....By: Franczek P.C.
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Franczek P.C. | Nov 05,2019 |
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