EdLawConnect Blog

On September 2, 2014, a California appellate court upheld an order requiring a college math professor to undergo a “fitness for duty examination” (“FFD”) based on behavior that his colleagues considered erratic and threatening in nature.  The court also rebuffed the efforts of the professor’s attorneys to interject themselves into the workplace dispute by placing conditions on the FFD.  The ...

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.

Have you ever had a request from a teacher to express milk during the school day?  The percentage of mothers breastfeeding is on the rise in the United States, meaning the likelihood of receiving such a request is likely to increase.  District employees, including teachers, are entitled to break time to express their breast milk pursuant to Labor Code section 1030.  Such breaks, however, may be unpaid if they exceed the number of paid breaks which the teacher may otherwise be entitled to receive under the law or pursuant to the teachers’ collective bargaining agreement.

On June 25, 2014, Governor Jerry Brown signed into law, which extends leave provisions for community college district (CCD) employees within the first year of an infant’s birth or legal adoption.  In a Rocky Chávez, Assembly Member and the Bill’s sponsor, stated:

Ever wish you could delete that embarrassing picture you posted to Facebook from cyberspace…permanently? California’s new “Eraser Law” gives California minors the ability to do just that. Well, except, maybe not permanently.

Senate Bill 568, approved by the Governor on September 23, 2013 and codified as California Business & Professions Code section 22580 et seq., goes into effect on January 1 ...

On February 26, 2014, the California Supreme Court granted a petition to review the recent Court of Appeal decision of Poole v. Orange County Fire Authority (2013) 221 Cal.App.4th 155.

In Poole, a firefighter relying on the Firefighters Procedural Bill of Rights Act convinced a California Court of Appeal to order an employer to strike daily logs of a firefighter’s poor performance that were maintained by ...

On July 22, 2014, two opinions concerning the Affordable Care Act were issued from two different United States Circuit Courts of Appeals. Both opinions analyzed the same lawsuit filed in two different courts. Both opinions reached conclusions that were diametrically opposed to one another.

The first opinion, Halbig v. Burwell, which was decided by a three member panel of the United States Court of Appeals ...

Title 5 of the California Code of Regulations, section 80303, requires a report to the Commission on Teacher Credentialing within 30 days of certain employment actions. Amendments to section 80303 have been approved by the State Board of Education and take effect July 1, 2014. The amendments clarify some reporting requirements and the procedures by which the public may report a superintendent who fails to ...

In a not-so-unexpected move, Governor Brown signed AB 215 (Buchanan) on June 25, 2014. Ostensibly for the purpose of “streamlining” and speeding up the teacher dismissal process and reducing associated costs, the bill makes extensive changes and additions to the already complex statutory process for terminating certificated employees. The bill found its primary support from CTA and EdVoice.

To be ...

To enhance school safety, some school districts have established “tip” lines where students may send emails or text messages to the district about bullying, drugs, alcohol use, fights, or anything else that may adversely impact the health, safety, or welfare of students.  A legal issue that arises from these programs is whether the information in the emails and text messages must be disclosed under the ...