Topic: United States Supreme Court

The U.S. Supreme Court’s decision in Janus v. AFSCME on “agency” or “service” fees for non-union members: What public sector employers must (immediately) know

As was discussed in our prior blog post and alert, the U.S. Supreme Court in Janus v. AFSCME,  585 U.S. ____ (June 27, 2018) just issued a ground breaking decision with respect to the collection of agency fees from non-union members, holding that the involuntary withholding of such monies violates the First Amendment “free speech”…

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BREAKING….SUPREME COURT ISSUES DECISION IN JANUS V. AFSCME CO. 31 – AGENCY SHOP DEEMED UNCONSTITUTIONAL AND AGENCY FEES MAY NOT BE CONTINUALLY DEDUCTED WITHOUT AFFIRMATIVE EMPLOYEE CONSENT

The wait is over. For better or worse, this morning the United States Supreme Court issued what may well prove to be the most important public-sector labor law decision of the last 50 years.  By a 5-4 majority the Supreme Court’s conservatives in an opinion authored by Justice Alito have held in Janus v. AFSCME…

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CALIFORNIA COURT RULES DISTRICT CANNOT PROHIBIT STUDENTS FROM KNEELING DURING THE NATIONAL ANTHEM AT SCHOOL SPORTING EVENTS

In what appears to be the first decision on this issue in the country, a federal court in California granted a high school athlete’s request for an injunction overturning his high school’s prohibition against athletes kneeling during the national anthem. This issue, originally only appearing in the realm of professional athletics, has now trickled down…

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AN EARLY HALLOWEEN TRICK FOR CONNECTICUT’S PUBLIC-SECTOR LABOR UNIONS: WILL JANUS V. AFSCME, CO. 31 BE THE END OF THE AGENCY SHOP?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and Municipal Employees, Council 31, thus once again agreeing to hear a case that poses the question of whether union agency fee…

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Rebel Without A Stall: Title IX, Transgender Student Rights and Whitaker v. Kenosha

When the Trump Administration short-circuited the United States Supreme Court’s review of Gloucester v. G.G., in which the United States Court of Appeals for the Fourth Circuit had held that Title IX’s protections extend to transgender students, it seemed that transgender students’ rights were on life support.  Like Jarvis Lorry in Charles Dickens’ Tale of…

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United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” While the Court made clear that this is…

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A Kindergarten Student and Her Dog Named Wonder: What Rights Do Students Have To Service Animals In The Classroom?

What are the parameters for requiring schools to accommodate students’ service animals in the classroom? The United States Supreme Court recently turned prior thinking on this issue on its head, finding that even though a student does not need the service animal in order to receive a “free appropriate public education” as required by federal…

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A Cadillac, A Serviceable Chevrolet Or Something In Between: The Supreme Court Is Poised To Redefine The Standard Of Education That Must Be Provided To Special Education Students

On January 11, 2017, the United States Supreme Court heard oral arguments in Endrew F. v. Douglas County School District, a case likely to change the landscape of special education by redefining the level of education that is owed special education students under the IDEIA. The case involves an autistic child who is referred to…

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