EdLawConnect Blog

A recent decision of the Fourth Circuit Court of Appeals demonstrates the risks of using “stock” photographs and other images found on the internet without obtaining a license from the copyright holder. (Brammer v. Violent Hues Productions, LLC (4th Cir. 2019) 922 F.3d 255.) Under U.S. copyright law, all “works of authorship” are protected by copyright, regardless of whether they are posted online and regardless of whether they feature a copyright symbol or notice. So-called “stock” images posted online are protected to the same extent as other visual works.

In June 2015, we reported here that the Equal Employment Opportunity Commission launched a pilot program called ACT Digital to digitally transmit employment discrimination charges and related documents. The program was initially piloted in 11 EEOC offices, including San Francisco. In March 2017, EEOC announced its Online Inquiry and Appointment System, which was available as a pilot in five cities ...

California has taken an important step in protecting students from being subjected to sexual misconduct by teachers. Recently, the California legislature enacted AB 872, which makes all sex offenses that require registration as a sex offender now also result in the immediate suspension of a teacher’s credential. The bill amends Education Code Section 44010 to add Penal Code Section 288.2, which relates ...

Ransomware is a profitable criminal enterprise that continues to expand while targeting the education sector.

Ransomware is a form of damaging software used by hackers to prevent or limit users from accessing the user’s own system, either by locking the system’s screen or by locking the files. It’s called ransomware because the attackers demand to be paid a “ransom” before allowing a victim to ...

Senate Bill 792 (“SB 792”), which went into effect on September 1, 2016, requires employees and volunteers of day care centers (including preschools) licensed by the California Department of Social Services (“CDSS”) to be vaccinated for influenza, pertussis, and measles. The author of SB 792, Senator Mendoza, captured the legislative intent of the bill in the Comments to the Senate Bill Analysis:

On November 22, 2016, a federal court in the Eastern District of Texas halted implementation the Department of Labor’s rule amending the salary basis test for overtime exemptions in the Fair Labor Standards Act (FLSA). The rule was scheduled to take effect December 1, 2016.  (Nevada v. DOL (E.D.Tex. 11/22/16) No. 4:16-cv-00731.) The court granted a preliminary injunction, which temporarily delays the ...

With much media fanfare, in July, 2015 the advocacy group Students Matter filed a lawsuit against 13 large school districts, alleging these districts are failing to comply with the provision of state law regarding the use of scores on state-mandated assessments in teacher evaluations.  AALRR represented five of the districts.  Yesterday Superior Court Judge Barry Goode ruled in favor of school districts in ...

On August 29, 2016, a California Court of Appeal backed away from an earlier a decision that employers must accommodate employees based on their association with individuals with a disability. (Castro-Ramirez v. Dependable Highway Express (Aug. 29, 2016) 2016 WL 45066089.) Before the court’s groundbreaking holding in April 2016, as reported in this post, no court had held that the Fair Employment ...

New regulations from the U.S. Department of Labor require employers (public and private) to post a revised Federal Minimum Wage poster and a revised Federal Employee Polygraph Act poster effective August 1, 2016.

The Federal Minimum Wage Poster now includes a section describing the rights of nursing mothers under the Fair Labor Standards Act. It also discusses independent contractor misclassification ...

Earlier this year the Equal Employment Opportunity Commission (EEOC) published an official Final Rule to amend the Regulations and the accompanying Interpretive Guidance implementing Title I of the Americans with Disabilities Act (ADA).  This Final Rule affects all wellness programs that include disability-related inquiries and/or medical examinations and requires that all health programs must be ...