New NLRB Decision Allows Unions to “Cherry-Pick” Employees for Organization DriveDec 22nd, 2022
by Michael L. Dodd

New NLRB Decision Allows Unions to “Cherry-Pick” Employees for Organization Drive

The National Labor Relations Board (“NLRB” or “Board”) recently applied an Obama-era standard in a decision permitting unions to organize smaller, more tailored groups of employees.

FERPA Isn’t the Only Student Privacy Law You Need to Follow:  Remember the PPRANov 21st, 2022
by Michael L. Dodd

FERPA Isn’t the Only Student Privacy Law You Need to Follow: Remember the PPRA

School district officials should keep in mind that, in addition to the Family Educational Rights and Privacy Act (FERPA) which protects students’ privacy with respect to disclosure and use of their personal information, there is another law that protects student privacy from a slightly different perspective: the Protection of Pupil Rights Amendment (PPRA).

Minimum Wage Increase Effective December 31, 2022Nov 21st, 2022
by Allison L. Marley

Minimum Wage Increase Effective December 31, 2022

As part of the 2016-2017 New York State Budget, the State adopted gradual minimum wage increases for non-fast-food employees outside the New York City region. The minimum wage is scheduled to increase every December 31st until the rate reaches $15.00 per hour.

Beware of the Boilerplate ContractOct 31st, 2022
by Jeffrey M. Lewis

Beware of the Boilerplate Contract

Each year, school district business offices are tasked with negotiating a variety of commercial contracts necessary to operate the school district. In most cases, the starting point in these negotiations is the vendor’s boilerplate contract, filled with terms blatantly unfair to the school district. These boilerplate contracts often contain one-sided commercial terms in favor of the vendor, or worse, contain terms illegal in school district contracts. Executing these boilerplate contracts can leave the school district open to criticism from the New York State Comptroller, or with limited recourse in the event the vendor fails to perform under the contract.

Superintendent of Schools Has Legal Right to Impose Reasonable Conditions on VisitorsOct 31st, 2022
by Joseph G. Shields

Superintendent of Schools Has Legal Right to Impose Reasonable Conditions on Visitors

The September 12, 2022 Commissioner of Education Decision 18,196 reaffirms that Superintendents of Schools and Boards of Education have the right to impose reasonable conditions upon residents and parents prior to accessing school grounds so long as the conditions are not arbitrary and capricious.

Contemplating Solar?Oct 31st, 2022
by Katherine Gavett

Contemplating Solar?

For the past several years we have seen a wave of solar development in New York State. In the beginning, many school districts were approached about entering into payment in lieu of tax agreements (“PILOTs”) directly with the solar company. While solar development and PILOTs continue, developers have started to contact school districts with a new opportunity – net credit purchase agreements.

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