May 18, 2016
Update: Review our new insight post on November 23, 2016 “So, never mind about those new FLSA regulations after all?“ The DOL Releases the Long-Awaited “Final Rule” and Guidance Documents Related to Overtime Requirements ““ A Short Summary The Department of Labor’s long-awaited final overtime rules were released this morning. In the Final Rules, the DOL set the minimum salary level to $913 per week, or $47,476 annually. The annual
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May 16, 2016
As you have undoubtedly heard by now, on Friday, May 13, 2016, the Civil Rights Division of the Department of Justice (“DOJ”) and the Office for Civil Rights of the Department of Education (“OCR”) issued joint guidance for schools regarding the treatment of transgender students in the educational environment. The “Dear Colleague” Letter, which is only eight pages long (with nineteen pages of examples from the Office of Safe and Healthy Students), clarifies and confirms the position that the Departments
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Apr 28, 2016
In January 2016, the Administrator of the U.S. Department of Labor’s Wage Hour Division, David Weil, published an “Administrator’s Interpretation” on joint employment under the Fair Labor Standards Act (“FLSA”).[1] Although the Administrator’s Interpretation (“AI”) does not constitute a regulation and is not legally binding, it has nonetheless received a great deal of commentary and analysis. The attention is warranted since the AI appeared to overtly put the DOL’s stamp of approval on the “fissured workplace“ analysis that
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Apr 20, 2016
Tueth Keeney labor and employment attorneys Kameron Murphy and D. Shane Jones, joined by attorneys from other member firms of the Employment Law Alliance (“ELA”), recently co-authored an amicus brief in Federal Court. The ELA brief encourages the U.S. District Court to issue an injunction against the Department of Labor’s new so-called “persuader” rule. Filed on April 14, 2016, in the U.S. District Court for the Eastern District of Arkansas, the ELA’s amicus brief supports the plaintiffs
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Apr 16, 2016
Melanie Gurley Keeney recently served as a presenter at the Missouri/Kansas AILA Chapter Conference held at Kansas University. Melanie’s presentation focused on Employment-Based Nonimmigrant Visas, current trends and practice pointers regarding the H-1B visa; and NIV processes. Melanie Gurley Keeney, a founding Shareholder of Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. , practices in the areas of Employment, Immigration, and Education law. Melanie represents institutions of higher education, corporations and individuals in immigration law
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Apr 9, 2016
April 9, 2016 Investigating Employee and Student Misconduct: Lessons from “Deflategate” Of course, being in Boston, they found a way to make this presentation about Tom Brady and the Patriots. East coast bias much? Being neither a New Englander nor a Patriots fan, I was only tangentially aware of the facts of this case. Turns out even school attorneys from the Midwest can learn a few lessons from “Deflategate”…other than to never bet against Tom Brady or the
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Apr 9, 2016
Friday, April 8, 2016 Is Big Brother Really Watching? Good morning! Today started bright and early with a presentation on schools’ use of surveillance cameras. A two-fold inquiry: can schools make audio and video recordings of school activities, and should they? The answer to the first part is a resounding yes. Courts are in agreement that there is no expectation of privacy in the classroom. Therefore, video or audio recordings in classrooms or other public areas does not
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Apr 7, 2016
Thursday, April 7, 2016 Early Bird Session: Office of Civil Rights (OCR) Workshop This is an opportunity for Council of School Attorneys (COSA) members to discuss recent experiences with OCR investigations. (Unofficial title: “The Airing of Grievances”) Comments from participants so far, regarding OCR: “They started investigating a single complaint and expanded it into a full compliance review.” “They demand information and expect us to make school personnel available for interviews ASAP, then you don’t hear from them for
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Apr 4, 2016
Missouri employers are currently facing conflicting guidance on how to confront LGBT discrimination issues in the workplace. In October of 2015, a Missouri Court of Appeals held that the Missouri Human Rights Act (“MHRA”)””the state law that governs employment discrimination””does not prohibit sexual orientation discrimination. In contrast, the Equal Employment Opportunity Commission (“EEOC”), the agency tasked with enforcing Title VII””the federal law that governs employment discrimination””has held that Title VII does prohibit sexual orientation discrimination and recently filed two lawsuits
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Mar 31, 2016
Celynda L. Brasher gave a presentation entitled “The Top Ten Things Effective Administrators Do” at the MASA/MOASPA Spring Conference on March 31, 2016. She also attended the MASA Awards Dinner on March 30, 2016. Tueth Keeney is pleased to serve as a sponsor for the Dinner at each Spring Conference. Celynda L. Brasher is a founding shareholder of the firm. She practices in the areas of education, litigation, and labor and employment law. Celynda represents
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Kate L. Nash
Michelle H. Basi
Melanie Gurley Keeney
Mollie G. Mohan
Celynda L. Brasher