When Should We Manifest a Manifestation Determination?Feb 24th, 2022
by Heather M. Cole

When Should We Manifest a Manifestation Determination?

A student with a disability found guilty of violating the Code of Conduct is entitled to a manifestation determination review (“MDR”) prior to imposition of a disciplinary penalty that will result in a “disciplinary change in placement” (i.e., a suspension for more than 10 school days that are either consecutive or constitute a pattern of …

Melinda B. Bowe and Michael P. Leone Join Ferrara Fiorenza PC as Counsel; Thomas F. Barrett Hired As AssociateFeb 8th, 2022
by Michael L. Dodd

Melinda B. Bowe and Michael P. Leone Join Ferrara Fiorenza PC as Counsel; Thomas F. Barrett Hired As Associate

EAST SYRACUSE, NY–Education, labor relations, and employment law firm Ferrara Fiorenza PC announces the recent hiring of Melinda B. Bowe and Michael P. Leone as counsel, and Thomas F. Barrett as Associate. “We are thrilled to welcome Melinda and Michael as our newest counsel. The Ferrara Fiorenza team and our clients will certainly benefit from …

Be Prepared for New Law Requiring Notice of Electronic MonitoringFeb 4th, 2022
by Michael L. Dodd

Be Prepared for New Law Requiring Notice of Electronic Monitoring

Beginning on May 7, 2022, a new New York State law will go into effect that requires private sector employers to provide written notice to their workers of their intent to monitor (or their ongoing practice of monitoring) their workers’ telephone, email, and Internet communications. Under this new law, all such employers located in New …

HERO Act Safety Plans in Effect Until Mid-February at Least; Proposed Regulations on HERO Act Safety Committees Could Change How Your Company Operates in the FutureJan 25th, 2022
by Michael L. Dodd

HERO Act Safety Plans in Effect Until Mid-February at Least; Proposed Regulations on HERO Act Safety Committees Could Change How Your Company Operates in the Future

The New York State Department of Labor (NYSDOL) recently proposed regulations governing, in part, private sector employers’ obligations under the New York Health and Essential Rights Act (NY Hero Act).  As you may recall, this law was enacted on May 5, 2021.   Broadly speaking, the law introduced two new employer requirements: All employers in the …

Use of a Memorandum of AgreementJan 24th, 2022
by Michael P. Leone

Use of a Memorandum of Agreement

While a collective bargaining agreement (CBA) sets forth the terms and conditions of employment, it is common to encounter issues that are unique or not clearly addressed in the CBA.  An important tool for addressing these issues is the use of the Memorandum of Agreement (MOA).  A properly executed MOA is a legally binding document …

Addressing Challenges to Controversial BooksJan 24th, 2022
by Lindsay A. G. Plantholt

Addressing Challenges to Controversial Books

For years there have been efforts to ban certain books in schools.  Parents’ concerns have ranged from profanity and sexual content to the political leanings of various authors.  More recently, the outcry against the perceived inclusion of “critical race theory” in schools has gained national attention.  How can school boards and administrators address parent concerns …

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