Oct 26th, 2021Student Admissions Are Sufficient Proof of Guilt – Most of the Time
With students returning to school after a year of operating on a hybrid and/or remote basis due to the COVID-19 pandemic, schools may be seeing an uptick with student behavior referrals resulting in long-term suspensions. For a student to be suspended for a period longer than five days, the student is entitled to a hearing …
Oct 26th, 2021FMLA Military and Child-Rearing Leave Requirements Not Always Logical
Two recent client questions regarding the Family and Medical Leave Act (FMLA) demonstrate that the law and its regulations are not always logical or intuitive. The first involved whether an employee could take leave under the FMLA to attend her son’s graduation from basic training in the U.S. Marines. The second question had to do …
Oct 26th, 2021School Districts Must Take Efforts to Insist That Contractors Are Complying With New York State Department of Health Testing Obligations
On September 2, 2021, the New York State Department of Health issued a directive indicating all faculty, staff, or contractors working in a P-12 school—whether public or non-public—must submit proof of vaccination against COVID-19 or submit proof of a negative COVID-19 test result on a weekly basis. See, https://coronavirus.health.ny.gov/system/files/documents/2021/09/2.62-determination.pdf. The directive defined those to whom …
Oct 20th, 2021Department of Labor Issues Guidance on Cannabis Law
Less than a week ago our firm presented “Essential Legal Updates” to the participants at the 19th Annual Employment and Human Resources Law Solutions Conference held at the Turning Stone Casino Resort. A good bit of time was spent unpacking New York State’s Cannabis Law and identifying the key policy and performance management takeaways for New York …
Sep 20th, 2021Establishing a Routine Procedure May Assist in Legal Challenges
Parents everywhere are relieved to have their children back into a regular school schedule, but routines aren’t just beneficial for students. A recent decision of a New York State Review Officer (SRO) suggests schools would be well-served to put routines into place to assist in legal challenges regarding the mailing and receipt of required documents. …
Sep 20th, 2021“Emergency” Bidding Exception May Apply to Purchases Required by COVID-19 Pandemic
Since the start of the COVID-19 pandemic, schools have been tasked with complying with continually changing Executive Orders, Department of Health guidance, and other safety requirements designed to protect the health of students and staff. These mandates and guidelines have required procurement of health and safety equipment to combat the spread of COVID-19, including: Personal …
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