EdLawConnect Blog

The Affordable Care Act (ACA) of 2010 made unprecedented changes to health benefit plans. The most sweeping ACA provisions took effect in 2014; other provisions have been delayed from their original implementation target dates. The Internal Revenue Service, the agency responsible for enforcing many of the ACA’s tax implications, has issued various regulations under the ACA. The IRS regulations are ...

In a decision of first impression, the Fourth District Court of Appeal has held that a public school employee is not immune from a lawsuit for disclosing a Suspected Child Abuse Report (“SCAR”) to anyone other than those specifically listed in the Child Abuse and Neglect Reporting Act (Penal Code §§ 11164, et seq.; “CANRA”). Additionally, public school employers may be liable for an employee’s negligent disclosure of a SCAR.

On July 2, 2013, the United States Treasury Department announced that implementation and enforcement of employer mandates under the Patient Protection and Affordable Care Act (“Act”) will be delayed by one year.  Until today, school district employers were preparing to be in compliance with the Act starting on January 1, 2014.  As a result of today’s announcement, the new deadline for compliance is ...

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 ...

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 ...

Since the advent of the cellular phone camera, nearly every high school student is equipped to surreptitiously videotape his/her teacher.  While this practice is statutorily-prohibited, what happens when a student breaks the rule and the cellular phone video depicts an image that would subject the teacher to discipline?

To be clear, the Education Code expressly prohibits surreptitiously videotaping a ...