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The Legal Stuff
BT Currents - Hot Topics in Employment Law

05 Mar Which Side Will Justice Gorsuch Fall On Public Sector Union Fees?

  Last week, the U.S. Supreme Court heard the issue of whether public sector agency shop arrangements violate the First Amendment.   Hearing this issue for a second time, the court will decide whether to overturn a 1977 ruling that held that the service charges used to finance expenditures by the public sector union for collective bargaining, contract administration, and grievance adjustment purposes, are valid, even if the public employee is not a union member.   Just last year, the court examined this very issue in…

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22 Jan SCOTUS Declines to Consider Whether Tribal Courts Have Jurisdiction to Adjudicate Employment Claims

  The question of tribal jurisdiction arose when a group of current and former employees of two Arizona public school districts filed complaints with the Navajo Nation Labor Commission.   The districts operate schools on land leased from the Navajo Nation and most of the districts’ employees are members of that tribal nation. Among various complaints before the commission, the employees alleged that the districts owed them merit pay under Arizona law and others alleged that the districts violated their rights under the Navajo Preference…

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13 Dec Can’t Touch This: Seventh Circuit Panel Backs Tenured Teacher Law

  In Elliott v. Board of School Trustees of Madison Consolidated Schools, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit unanimously upheld a federal district court’s ruling that the layoff provision of Indiana’s 2011 Senate Bill 1 (SB 1) violated the federal Contract Clause when applied retroactively to a teacher who earned tenure before the new law took effect. The decision was issued on Dec. 4.   For more than 80 years, Indiana’s 1927 teacher tenure law has created contractual…

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30 Nov School Boards Beware: ‘Control the Clock and Control the Game’ Policy Loses in Court of Appeals

  Comparing the legendary basketball coach Dean Smith’s “control the clock and control the game” strategy, the U.S. Court of Appeals for the Eleventh Circuit in Barrett v. Walker Cty. Sch. Dist., 872 F.3d 1209 (11th Cir. 2017) struck down a Georgia school district’s policy that restricted public comment at school board meetings.   The court’s decision in Barrett, arose from failed efforts of the school’s union president to secure a speaking slot during an upcoming board meeting. Although not mandated by Georgia law, the…

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31 Oct Attention, Class: Seventh Circuit Finds Preferred Teaching Methods Not Protected Activity Under ADA and Section 504

  A former special education teacher, who claimed to have engaged in a protected activity when she defended her teaching methods following a negative performance evaluation, could not show that the school district discriminated against her when it terminated her. Finding no evidence of discrimination, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment in favor of the school in Frakes v. Peoria School District No. 150.   After receiving an “unsatisfactory” rating based on several deficiencies,…

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