• Posts by Peter Schaffert
    Posts by Peter Schaffert
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    Peter Schaffert is a distinguished legal professional with a wealth of experience representing public sector employers in all facets of labor and employment law. Mr. Schaffert has proven expertise in navigating complex legal ...

Does the Public Have a First Amendment Right to Post Comments on a Public Official’s Twitter Feed?  First Amendment Challenges to Social Media Access in the 21st Century

For many people, social media platforms such as Facebook, Twitter, Instagram, Snapchat, and LinkedIn are essential for communicating in their daily lives.  Social media plays an integral role in the transmission of news, ideas, opinions, and personal expression.

On August 13, 2015, the IRS issued Announcement 2015-22, addressing the tax treatment of identity protection services for data breach victims. The Announcement states that when victims receive free identity protection services from an organization that suffered a data breach, the IRS will not assert the value of the identity protection services is includible in the victim’s gross income ...

Almost all school districts have been faced with the problem of workplace bullying, but until recently workplace bullying has received little attention compared to bullying prevention efforts for minors and students.  Just as national attention on student and minor cyberbullying prompted legislation by many states, now workplace bullying is also receiving attention and has now received legislative action.  Spurred by studies regarding the damaging effects of workplace bullying on employees, including reduced productivity, morale, higher absenteeism rates, and frequent employee turnover, California Assembly Member Lorena Gonzalez proposed AB 2053, with the goal of addressing the issue of workplace bullying.  Governor Brown signed the legislation yesterday, September 9, 2014.

Categories: Labor/Employment

Recently the Third District Court of Appeal decided Crews v. Willows Unified School District, concerning a newspaperman’s appeal from an award of sanctions against him in the form of the school district’s attorneys’ fees for his filing a frivolous California Public Records Act lawsuit against the District.  Although the decision of the Court of Appeal reversed an award of sanctions against the ...

On Wednesday, February 20, 2013 the United States Third Circuit Court of Appeals heard oral argument in a case concerning whether or not the Easton Area School District may ban middle school students from wearing bracelets with the slogan “I ♥ Boobies! (Keep a Breast)” and similar statements.

Relying on the Supreme Court cases outlining students’ First Amendment rights to freedom of speech in ...

Categories: Student Issues

In the wake of the sexual abuse scandal that rocked Los Angeles Unified School District in February of 2012, legislators introduced several bills to streamline the dismissal and suspension procedures for certificated public school employees, particularly for incidents involving sexual misconduct. The allegations of sexual assaults against elementary students at Miramonte Elementary School in South Los Angeles sparked public outcry over the certificated employee dismissal process when one of the alleged molesters, a third grade teacher, settled the teacher dismissal proceeding against him for $40,000. The settlement highlighted the difficulties school districts face in conducting dismissal proceedings, even in cases involving egregious allegations.

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