Corporal punishment, believe it or not, is still legal in 22 states. Corporal punishment involves hitting students for the purpose of punishment. This practice was upheld by the Supreme Court in the early 1980s. Now, Eduation Secretary King is calling on
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Breaking News! Court Enjoins Obama Executive Order Requiring Disclosure of Labor Law Violations
On July 31, 2014, President Obama issued Executive Order 13673 which requires federal contractors to disclose labor law and employment discrimination violations. This Executive Order also precludes certain contractors from entering into predispute arbitration agreements concerning employment discrimination claims. The Office…
Univ of Dayton Faculty Positions in Academic Success Program
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TV Producers Are Employees
I bring Peacock Productions, 364 NLRB No. 104 (Aug. 26, 2016), to your attention because the NLRB did a nice job of summarizing the applicable supervisory test. The Board held that the employer did not meet its burden of…
Supremes Grant Cert In Case That Has Implications For Summary Judgement Motions In Discrim Cases
The Supremes recently granted cert in Zigler v. Turkmen, which involves pleading discriminatory intent. Though not an employment law case, intent and pleading issues are an important issue in employment discrimination cases-particularly in the summary judgement stage after Twombly…
NLRB Finds That Security Instructors Are Not Managerial Employees
I bring Wolf Creek Nuclear Operating Corp., 364 NLRB No. 111 (Aug. 26, 2016), to your attention because the Board does a nice job in summarizing the criteria for an individual to be excluded from the protection of the…
Supremes Grant Cert In Major Special Education Case Which Will Define The Applicable Standard
The U.S. Supreme Court granted cert in a case about the level of education benefit a child must receive for a school district to have provided an appropriate level of service under the IDEA.The case, Endrew F. v. Douglas County School District…
Supremes About To Decide Major IDEA Case Involving Use of Service Dogs In School
The issue in (Fry v. Napoleon Community Schools) is whether a disabled child’s family must first try to work out with school officials a dispute over the assistance their child needs, before the parents may sue for money…
Fired for Being “Too Cute” Does Not State Cause of Action
Sometimes you just cannot make these cases up. After a female massage therapist was fired by the male owner for being "too cute, " she sued for sex discrimination. Justice Sholom Hagler, a New York lower court judge who I…
So You Want To Be A Lawyer
An Expensive Law Degree, No Where To Use It is a must read June 17, 2016 NY Times article. In it, the author describes the difficulty that many law students from non-ivy league schools face. Some graduate with 200k in…