On March 8, 2024, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board (NLRB)’s 2023 Final Rule on Joint Employer Status, which was scheduled to go into effect on March 11, 2024. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., previously reviewed the NLRB’s 2023 Final Rule, which established a new standard for determining … [Read more...] about U.S. District Judge Vacates the NLRB’s Joint-Employer Rule
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South Hanover’s Appointment of Board Member Did Not Violate Sunshine Act
A Pennsylvania appeals court has ruled that the South Hanover Township Board of Supervisors did not violate the Sunshine Act when it appointed an individual to fill a vacancy where board members have informed discussions about who to approve. The court’s opinion offers guidance to public school boards that may find themselves dealing with similar issues. For example, the court held that … [Read more...] about South Hanover’s Appointment of Board Member Did Not Violate Sunshine Act
SCOTUS Decision in Perez Raises Interesting Procedural Question
In Perez v. Sturgis Public Schools, the United States Supreme Court addressed procedural issues when parents pursue claims under the Americans with Disabilities Act when claims also exist under the Individuals with Disabilities Education Act. Summary of case This case involved a deaf student named Miguel Luna Perez. The School District provided him with aides to translate instruction … [Read more...] about SCOTUS Decision in Perez Raises Interesting Procedural Question
Right To Be Rude at Public Meetings Remains
On March 19, 2023, the Sunday New York Times featured a story on the recent Massachusetts Supreme Court decision that reaffirmed what constitutes appropriate commentary when it upheld an individual’s right to be rude at public meetings. The Case This decision follows the case of Barron v. Kolenda, brought about by Southborough, Massachusetts resident, Louise Barron (“Barron”). In December … [Read more...] about Right To Be Rude at Public Meetings Remains
New Federal Law Expands the Protections for Pregnant and Nursing Workers Across the Nation
Effective June 27, 2023, the Pregnant Workers Fairness Act will require all covered employers - including school districts - to provide reasonable accommodations for workers and applicants limited by pregnancy, childbirth, or related medical conditions. What is the Pregnant Workers Fairness Act? The Pregnant Workers Fairness Act (PWFA) is a recent law that requires covered employers to … [Read more...] about New Federal Law Expands the Protections for Pregnant and Nursing Workers Across the Nation
Divided Court Leaves Prior Ruling in Place Regarding Formula for Tax Assessment Appeals
On February 28, 2023, a divided PA Supreme Court issued its ruling in the case of GM Berkshire Hills LLC v. Berks Cnty. Bd. of Assessment. Because the Court was divided, its decision leaves in place the Commonwealth Court’s prior ruling that a school district may continue to challenge underassessed properties if they use a sales-based formula to determine when to file tax assessment appeals, … [Read more...] about Divided Court Leaves Prior Ruling in Place Regarding Formula for Tax Assessment Appeals
