Author Info for Franczek P.C.

John Anders

Week in Review: Get Ready for SCOTUS’s Upcoming Education Law Decisions and Catch Up on Recent FLSA, Higher Ed, and EEOC Guidance

This week, we are catching up on developments from the Department of Labor for determining whether someone is an independent contractor or employee, a nomination to restore a quorum at the EEOC, continued cuts to K-12 education…more

Americans with Disabilities Act (ADA), Department of Education, Department of Labor (DOL), Educational Institutions, Equal Employment Opportunity Commission (EEOC)

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Kaitlin Atlas

Supreme Court October Term 2024 – Education Cases to Watch

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each year…more

Americans with Disabilities Act (ADA), Charter Schools, Colleges, Disability Discrimination, Equal Protection

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Nicki Bazer

How to Identify State Action in the Context of Public Officials Using Social Media

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal social…more

Employment Policies, First Amendment, Government Officials, Lindke v Freed, O’Connor-Ratcliff v Garnier

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Brittany Begley

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access her…more

California, Constitutional Challenges, First Amendment, Free Speech, Government Officials

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Jared Costanzo

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title VI,…more

Civil Rights Act, Colleges, Department of Education, Educational Institutions, Executive Orders

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Brian Crowley

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access her…more

California, Constitutional Challenges, First Amendment, Free Speech, Government Officials

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Dana Fattore Crumley

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with…more

Americans with Disabilities Act (ADA), Appeals, Burden of Proof, Disability Discrimination, Educational Institutions

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Ares Dalianis

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –…more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

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Adam Dauksas

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –…more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

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Amy Kosanovich Dickerson

President Trump Signs Executive Order Requiring Sex-Based Classifications

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes on…more

Anti-Discrimination Policies, Civil Rights Act, Department of Education, Discrimination, Equal Protection

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Rachel Domash

100 Days In: Where Do Things Stand?

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new…more

Constitutional Challenges, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions, Employer Responsibilities

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Jennifer Dunn

President Trump Removes Democratic NLRB Member and General Counsel

In the evening hours of Monday, January 27, 2025, President Donald Trump fired National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo and Democratic Board member Gwynne Wilcox. While the termination of General…more

Employment Litigation, Labor Relations, NLRA, NLRB, NLRB General Counsel

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J. Todd Faulkner

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed…more

Appeals, Article III, Board of Trustees, Censures, First Amendment

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Reva Ghadge

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title VI,…more

Civil Rights Act, Colleges, Department of Education, Educational Institutions, Executive Orders

See all updates »

Hailey Golds

Week in Review: Get Ready for SCOTUS’s Upcoming Education Law Decisions and Catch Up on Recent FLSA, Higher Ed, and EEOC Guidance

This week, we are catching up on developments from the Department of Labor for determining whether someone is an independent contractor or employee, a nomination to restore a quorum at the EEOC, continued cuts to K-12 education…more

Americans with Disabilities Act (ADA), Department of Education, Department of Labor (DOL), Educational Institutions, Equal Employment Opportunity Commission (EEOC)

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K. Hope Harriman

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,…more

Biden Administration, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary

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Michael Hernandez

Legal Watchlist for 2025

The start of a new year may prompt questions regarding hot button areas of the law in flux. We have received questions about several such issues and what they mean for educators. Title IX, immigration enforcement, and school…more

Civil Rights Act, Department of Education, Educational Institutions, FERPA, Immigration and Customs Enforcement (ICE)

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David Johnson

Chicago City Council Passes Ordinance Requiring Nonprofit Contractors to Enter into Labor Peace Agreement with Unions

On March 15, 2023, the Chicago City Council overwhelmingly voted to approve an ordinance requiring labor peace agreements between workers and Chicago-funded nonprofit organizations providing critical public health and social…more

City of Chicago, Contractors, Employee Rights, Employees, Employer Liability Issues

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Caroline Kane

The DEI Divide: An Overview of the Varying Positions on Corporate DEI Policies Across the U.S.

As corporate diversity, equity, and inclusion initiatives (“DEI”) face increasing legal and political scrutiny, a deep divide is emerging among states on how they view these initiatives. Some states are doubling down on their…more

Anti-Discrimination Policies, Civil Rights Act, Corporate Governance, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Kristen Kinast

Week in Review: Get Ready for SCOTUS’s Upcoming Education Law Decisions and Catch Up on Recent FLSA, Higher Ed, and EEOC Guidance

This week, we are catching up on developments from the Department of Labor for determining whether someone is an independent contractor or employee, a nomination to restore a quorum at the EEOC, continued cuts to K-12 education…more

Americans with Disabilities Act (ADA), Department of Education, Department of Labor (DOL), Educational Institutions, Equal Employment Opportunity Commission (EEOC)

See all updates »

Scott Metcalf

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –…more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

James Petrungaro

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access her…more

California, Constitutional Challenges, First Amendment, Free Speech, Government Officials

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William Pokorny

Week in Review: Whiplash Over Federal Funding, Changes in Agency Leadership, New EEOC Priorities, and New K-12 Executive Order

It is no secret that whenever there is a change in the Oval Office it is common for the incoming administration to implement quick and widespread changes to effectuate campaign promises. Indeed, in modern times, newly elected…more

Department of Education, Educational Institutions, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Sally Scott

Appellate Court Rules on COVID-19 Mitigation TRO

Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With one…more

Appeals, Coronavirus/COVID-19, Critical Infrastructure Sectors, Educational Institutions, Health and Safety

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Jennifer Smith

Week in Review – Major Announcement from the Department of Education, Continued Agency Changes, and More DEI Related Actions

Headlines this week largely focused on the Department of Education, and rightfully so. As announced on Tuesday, President Trump’s administration terminated over 1,300 Department of Education employees this week – nearly 50% of…more

Civil Rights Act, Dear Colleague Letter, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions

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Melissa Sobota

Governor Pritzker Vetoes HB 2778; Announces Collaborative Initiative to Provide Paid Leave for Vaccinated School District, Public University and Community College Employees

Illinois Governor J.B. Pritzker released an official statement this week vetoing HB 2778 and announcing in its place a joint initiative reflecting a compromise with the Illinois Federation of Teachers, the Illinois Education…more

Colleges, Coronavirus/COVID-19, Governor Pritzker, Governor Vetoes, Infectious Diseases

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John Swinney

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with…more

Americans with Disabilities Act (ADA), Appeals, Burden of Proof, Disability Discrimination, Educational Institutions

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Tracey Truesdale

NLRB General Counsel Enters the Fray on Non-Competes, Declaring They May Violate Federal Labor Law

For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may work…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Intellectual Property Protection

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Emily Tulloch

100 Days In: Where Do Things Stand?

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new…more

Constitutional Challenges, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions, Employer Responsibilities

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Kathryn Vander Broek

Illinois Supreme Court: IFT Lobbyist Entitled to TRS Pension for One Day of Substitute Teaching

In a split decision issued earlier this month, a majority of the Illinois Supreme Court held that a career lobbyist for the Illinois Federation of Teachers (IFT) union who worked one day as a substitute teacher could receive a…more

Constitutional Challenges, IL Supreme Court, Lobbying, Pensions, Retirement Plan

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Karen Villagomez

Nationwide Injunctions After Trump v. Casa

In Trump v. Casa, the Supreme Court addressed three emergency applications challenging the use of universal injunctions that bar enforcement of federal action across the country. The case concerned the entry of a temporary…more

Class Action, Constitutional Challenges, Executive Orders, Government Agencies, Injunctive Relief

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Erin Walsh

Governor Signs Legislation Clarifying Health Care Right of Conscience Act Does Not Apply to COVID-19 Safety Measures

This week, Governor Pritzker signed Senate Bill 1169 into law, clarifying the legislative intent of the Health Care Right of Conscience Act (HRCRA) to allow employers the right to “take any measure or impose any…more

Coronavirus/COVID-19, Employer Mandates, Governor Pritzker, New Legislation, Right of Conscience

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Michael Warner Jr.

Nationwide Injunctions After Trump v. Casa

In Trump v. Casa, the Supreme Court addressed three emergency applications challenging the use of universal injunctions that bar enforcement of federal action across the country. The case concerned the entry of a temporary…more

Class Action, Constitutional Challenges, Executive Orders, Government Agencies, Injunctive Relief

See all updates »

Franczek P.C.

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