Employment & Labor

Included is information about the major employment laws affecting schools: Title VII (discrimination and sexual harassment), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). Also, find out more about other employment topics including: collective bargaining, fringe benefits, teacher free speech rights, discipline and discharge of employees, and the No Child Left Behind Act's requirements regarding teacher and paraprofessional qualifications.
 

Additional Resources

Harbaugh v. CBOE
Federal appellate court rules that full-time substitute teachers cannot be tenure-tracked under Illinois law

IRS Proposed Rule for Shared Responsibility for Employers Regarding Health Coverage
The National School Boards Association (NSBA) offers the following comments to the proposed rule, Shared Responsibility for Employers Regarding Health Coverage, REG-138006-12, issued by the Internal Revenue Service (IRS) on January 2, 2013. NSBA appreciates the opportunity to share with the IRS: (1) the perhaps unanticipated impact certain provisions of the proposed rule may have as public school districts across the country wrestle with questions about which service hours of various categories of staff members are to be included in the full-time equivalent employee counts for “large employer” determinations; and (2) the need for clarification in some before the rule becomes final to minimize any adverse impact on the nation’s schools and students’ educational outcomes.

McArdle v. Peoria Sch. Dist. No. 150
Seventh Circuit panel rejected former employee's retaliation claim, holding that former principal's report of predecessor's misuse of district funds to superiors did not constitute protected speech.

Wisconsin Educ. Ass'n Council v. Walker
Seventh Circuit opinion uphelding the constitutionality of Wisconsin's Act 10 provisions restricting the rights of public workers classfied as general employees as to (1) collective bargaining; (2) collection of union dues through payroll deductions; and (3) requirement of annual recertification of union

Embry v. City of Calumet City (7th Cir.)
Employment discrimination: retaliation based on political affiliation

NSBA Responds to Request from EEOC Commissioner Feldblum
NSBA responds to a request from EEOC Commissioner Feldblum about school district obligations to directly ask an employee who may be showing symptoms of a disability whether the employee has a disability.

NSBA Submits Comment on Nondiscrimination Requirements for Group Health Plans
Under the Patient Protection and Affordable Care Act fully insured, non-grandfathered group health plans must not discriminate in favor of highly compensated employees. School districts may have difficulty complying with this requirement because they frequently contribute more to health insurance premiums of superintendents than other school employees. NSBA wrote comments to the relevant regulatory agencies requesting, among other things, that school districts be totally exempted from the nondiscrimination rules.

COSA eDocs Store resources on Employment & Labor
A collection of downloadable resources available individually for purchase from the NSBA Council of School Attorneys (COSA) for modest fees.

A Non-Technical Resource Guide to the Uniformed Services Employment and Reemployment Rights Act (USERRA)

Authorizations Under HIPAA
Kentucky Medical Association materials on HIPAA.

Collective Bargaining Resources
Browse this document for data and information specific to various states on the topic of collective bargaining including settlement trends, bargaining goals, sample contract language, state association services and more.

Disclosures for the Purposes of Treatment, Payment and Health Care Operations Under HIPAA
Kentucky Medical Association materials on HIPAA.

Educational Policy Decisions: Mandatory or Permissive?
This is a chart of each state which explains whether each state that has collective bargaining defines educational policy decisions as mandatory or permissive subjects of bargaining.

FLSA Litigation: Coming Soon to a School District Near You
Article from the June 2003 issue of the NSBA Council of School Attorneys newsletter Inquiry & Analysis reviewing a wave of overtime litigation against schools districts at that time, discussing Fair Labor Standards Act (FLSA) by schools districts, and making recommendations for avoiding liability.

Model Authorization Form under HIPAA
Kentucky Medical Association materials on HIPAA.

New Title I Requirements for Paraprofessionals
On January 8, 2002, President Bush signed the Elementary and Secondary Education Act (ESEA), Public Law 107-110. The provisions relating to paraprofessionals in Section 1119 of the Act took effect at the time the legislation was signed.

New Title I Requirements for Teachers
On January 8, 2002, President Bush signed the Elementary and Secondary Education Act (ESEA), Public Law 107-110. The provisions relating to teachers in Section 1119 of the Act took effect at the time the legislation was signed.

DOL's USERRA website
The Department of Labor (DOL) has dedicated a webpage exclusively to the Uniformed Services Employment and Reemployment Rights Act (USERRA) which contains a variety of resource documents on the law.

Employer Support of the Guard and Reserve
ESGR's website provides a number of resource documents regarding the Uniformed Services Employment and Reemployment Rights Act (USERRA).

FairPay website
DOL has developed a Web site called “FairPay,” below, that provides resources to assist employers and employees in understanding the regulations.

NSBA's comments on the proposed rules on the Uniform Services Employment and Reemployment Rights Act of 1994

Overview of HIPAA
Kentucky Medical Association materials on HIPAA.

Teacher Liability Protection Act
A summary of the federal Coverdell Teacher Protection Act of 2001, which protects school board members and school employees from individual liability for actions related to student discipline.

USERRA - Military Leave District Guidance
Downloadable military leave document for school districts.

USERRA PROTECTS EMPLOYEES CALLED FOR MILITARY SERVICE
The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4333, provides certain rights for employees called for military service (regular armed forces, reserves, National Guard, and Public Health Service).

NSBA Amicus Brief - BCI Coca-Cola Bottling Co. of Los Angeles v. EEOC (U.S. Sup. Ct.) - Merits Brief
Employment—Title VII—Final decisionmaker liability for racial animus of subordinates.

Board of Education of Jefferson County School District R-1 v. Alfred E. Wilder (Colo. Sup. Ct.) - Merits Brief
First Amendment: teacher speech, academic freedom - school district's controversial materials policy - curriculum.

Garcetti v. Ceballos (U.S. Sup. Ct.) - Merits Brief
First Amendment: free expression - retaliation for speaking on matter of public concern.

NSBA Amicus Brief - Kentucky Retirement Systems v. EEOC (U.S. Sup. Ct.) - Merits Brief
ADEA: Age as factor in retirement plans—facial discrimination

NSBA Amicus Brief - Mayer v. Monroe County Community School Corporation (7th Cir.) - Merits Brief
First Amendment: teacher classroom expression - control of curriculum.

NSBA Amicus Brief - Piscataway v. Sharon Taxman (U.S. Sup. Ct.) - Merits Brief
Equal protection: affirmative action, employment - use of race as a factor in determining which teacher to retain.

Engquist v. Oregon Department of Agriculture (U.S. Sup. Ct.) - Merits Brief
Employment: Equal protection—application of class of one analysis to public employment.

Meacham v. Knolls Atomic Power Laboratory (U.S. Sup. Ct.) - Merits Brief
Employment: Age Discrimination in Employment Act—burden of proof for reasonable factor other than age.

Dean Transportation, Inc. v. National Labor Relations Board (D.C. Cir.) - Merits Brief
Labor: National Labor Relations Act—union representation after privatization—maintaining options for school boards

City of Ontario v. Quon (U.S. Sup. Ct.) - Merits Brief
Fourth Amendment: Right to search employee’s messages transmitted via public employer’s electronic communication devices. Filed February 12, 2010.

CTU v. CBOE
Non-precedential disposition 2012

Webber v. First Student, Inc., No. 11-3032 (D. Ore. Aug. 2, 2012)
Magistrate report and recommendation denying defendants' motion to dismiss employee's free speech claim

 
 
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