EdLawConnect Blog

The Supreme Court’s decision in National Federation of Independent Business v. Sebelius (2012) 132 S.Ct. 2566, settled any question surrounding the so-called “Individual Mandate” under the Patient Protection and Affordable Care Act” (“Act”). Accordingly, effective January 1, 2014, individuals, subject to limited exceptions, are required to be covered by a minimum level of health ...

The United States Citizenship and Immigration Services (“USCIS”) introduced a new Form I-9, Employment Eligibility Verification, on March 8, 2013, for immediate use, along with a new Handbook for Employers. The new form, which is identified with “version (Rev. 03/08/13)” in the lower left corner, features several new revisions:

• Expands the form from one page to two pages. The first page is to be ...

Recent developments in Court treatment of California Public Records Act (CPRA) issues has raised some concern as to possible Court expansion of the scope of records that a public agency may be compelled to produce.  We want to share these concerns with you, so that you can better prepare to meet increasingly challenging requirements as Courts expand the scope of the CPRA.

Under the CPRA “public records” ...

On February 21, 2013, Senate President pro Tem Darrell Steinberg and Assembly Member Cristina Garcia introduced Senate Bill (“SB”) 520 to promote an online student access platform for students of California’s Community Colleges, the California State University, and the University of California. Proponents of the bill state SB 520 would provide for increased availability of online ...

A plaintiff claiming permanent disability stemming from on-the-job injuries suffered a significant blow to his case as a result of deleting his Facebook account. A New Jersey federal district court ruled the plaintiff’s actions merited an “adverse inference” jury instruction, meaning the jury that will eventually hear the plaintiff’s lawsuit will be notified that the plaintiff intentionally destroyed evidence he believed would harm his case. (Gatto v. United Air Lines, Inc. (D.N.J. 2013) 2013 WL 1285285.)

In 2010 Congress enacted the Federal “Patient Protection and Affordable Care Act” (“Act”) setting the stage for sweeping reform of the U.S. health care system. The most controversial provision in the Act is the “Individual Mandate” which requires every American to have a minimum level of health insurance by 2014 or face certain financial penalties. Congress used the Commerce Clause found ...

When educational institutions first embraced technology, a boilerplate Acceptable Use Policy (“AUP”) was generally sufficient to address many concerns about inappropriate behaviors, user expectations, system ownership, and electronic communications. In order to secure funding and grants, most institutions timely implemented an AUP and moved onto other more pressing issues. As technology ...

When Governor Jerry Brown signed SB 1404 into law on September 29, 2012, the Civic Center Act (Education Code section 38130 et seq.) was amended to expand the definition of direct costs that a school district governing board may charge for use of its school facilities or grounds. The amendment also removed language that limited the requirement to allow use to “when an alternate location is not available.” ...

The United States Citizenship and Immigration Services (“USCIS”) introduced a new Form I-9 on March 8, 2013, for immediate use. The new form, which is identified with “version (Rev. 03/08/13)” in the lower left corner, features several new revisions:

• Expands the form from one page to two pages. The first page is to be completed by the employee, the second by the employer.

• Asks for employee ...

California community colleges are required to admit any California resident with a high school diploma.  But what if an applicant has been expelled or faces expulsion proceedings from another district for violent acts? Could such an applicant simply re-enroll in a neighboring district?  A new law, effective January 1, 2013, allows a district to deny admission, after holding a hearing to determine whether the ...