School Board members often must make difficult decisions, and the old adage that one cannot please all of the people all of the time certainly applies in these cases. The patience of Board members can sometimes be exhausted by individuals who disrupt meetings with vehement and inappropriate comments, perhaps even personally directed to Board members. Banging a gavel is often not enough to control … [Read more...] about Banning Disruptive People From Public Meetings: A Delicate Balance
KingSpry Blog
Businesses are One Step Closer to A Six-Month Delay on the DOL’s Overtime Rule
Just yesterday, September 28, 2016, the House of Representatives passed a Bill, by a vote of 246 to 177, to provide for a 6-month delay in the effective date of the Final Rule of the Department of Labor (“DOL”) raising the salary threshold for white collar employees. Although the delay would be applicable to all employers, the Bill was introduced in the House as regulatory relief for small … [Read more...] about Businesses are One Step Closer to A Six-Month Delay on the DOL’s Overtime Rule
Just in Time for Flu Season: The EEOC Files Suit Based on An Employer’s Vaccination Policy
Just in time for the upcoming flu season, on September 23, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) sued St. Vincent Health Center, under Title VII of the Civil Rights Act of 1964 (“Title VII”), for what the EEOC alleged to be discriminatory discharges under a flu vaccine policy. More specifically, the EEOC claimed that St. Vincent Health Center, although providing … [Read more...] about Just in Time for Flu Season: The EEOC Files Suit Based on An Employer’s Vaccination Policy
Qualified Immunity Case Suggests School Employees Use Common Sense Addressing Student Matters
On September 6, the Third Circuit determined that the parent of a child may bring claims to hold a classroom teacher personally liable for the child’s injuries. This case discussed the “state-created danger” exception to the immunity usually granted to government employees while acting in the course of their official duties. The Facts In January, 2013, a woman came to a kindergarten classroom in … [Read more...] about Qualified Immunity Case Suggests School Employees Use Common Sense Addressing Student Matters
When Firing an Employee, Sometimes Form Matters More than Substance
The case of Vladimirksy v. School District of Philadelphia, recently issued by the Pennsylvania Commonwealth Court, is an important reminder that when it comes to employment terminations and discipline, process and procedure sometimes matter even more than what you are terminating the employee for. In Vladimirksy, a school district attempted to fire a teacher for an incident in which the teacher … [Read more...] about When Firing an Employee, Sometimes Form Matters More than Substance
PA Supreme Court Clarifies Purpose and Public Policy of Adoption Process
On August 29, 2016, the Pennsylvania Supreme Court reversed a decision to terminate a father’s parental rights in the matter of Adoption of M.R.D. and T.M.D.. The Court held that the child’s mother did not present a valid adoption petition, where she sought to retain her parental rights and to co-parent with her own father following the adoption. Parents separated prior to the birth of their twin … [Read more...] about PA Supreme Court Clarifies Purpose and Public Policy of Adoption Process
