Recently, the U.S. Supreme Court ruled that government workers who choose not to join a union cannot be charged for the cost of collective bargaining and related activities.

In a 5-to-4 decision, a majority of the Court noted in Janus v. AFSCME, Council 31, that “agency fees” violate, “the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.”

As we have reported before, this case stemmed from an Illinois public sector employee who challenged a requirement that government workers who opt out of a union still have to pay partial dues (known as an “agency fee”) to cover the union’s cost of negotiation and other functions associated with policing and enforcing the contract.  This decision overrules the Court’s own 41-year-old precedent, which said workers did not have to pay for unions’ political activities but could be required to contribute to other costs of representation, such as negotiating wages and benefits and processing grievances.  The Court’s decision frees those non-members from having to pay the fees.

Significantly, and what will have an immediate impact on employees and employers is that the Majority held that an employee must affirmatively consent to pay the agency fee: Unless employees clearly and affirmatively consent before any money is taken from them, this standard cannot be met.”  The Court did not specify the form this “affirmative consent” must take, but most likely will be in the form of a signature card explicitly authorizing the withdrawal of agency fees in accordance with Janus.  
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Buried in the nearly 900 page document which is the biennial budget legislation are two sentences that impose a new requirement on boards of education.  Specifically, Section 157 of Public Act 17-2 from the June Special Session provides:

Sec. 157.  (NEW)(Effective from passage) Any local board of education shall file forthwith a signed copy of any contract for administrative personnel with the town clerk, which town clerk shall post a copy of any such contract on the town’s Internet web site.  Any regional board of education shall file a copy of any such contract with the town clerk in each member town, which town clerk shall post a copy of any such contract on the town’s Internet web site.
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Typically this time of year school district administrators ponder whether to “non-renew” non-tenured teachers in response to budget uncertainty, as opposed to waiting for the fiscal picture to become clear and possibly laying off teachers at a later time.  Given the state budget crisis, and unprecedented major cuts in funding on the table, the uncertainty is worse this year than ever before.  This has caused even superintendents and other administrators who previously were not inclined to non-renew teachers for economic reasons, to give serious consideration to doing so.

So what are the advantages and disadvantages of non-renewal relative to laying off non-tenured teachers?  If a teacher is non-renewed for economic reasons pursuant to C.G.S. Section 10-151(c), he/she has no recall rights and no right to a hearing before the Board of Education.  Moreover, if after the budget is settled the district decides to continue the employment of some but not all non-renewed teachers, it can pick and choose to whom it decides to offer reinstatement, thereby, enabling it to select the best and brightest.
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Over the past few weeks, there have been several cyberattacks on Connecticut municipalities and boards of education.  On the municipal side, internet thieves have intercepted wire transfer instructions in two Connecticut municipalities resulting in the theft of significant sums.

Most recently, an outside party accessed a Superintendent’s email and requested W-2 information for the school district’s employees.  While local police, IRS and FBI are investigating the matter, it is believed this information was stolen with the intent of filing false tax returns for the affected employees.
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Ever since the enactment of Public Act 16-67 last summer, school employers and contractors servicing them have faced the challenge of complying with new requirements for background checks for employees who will have direct contact with students. The central aspect of the legislation is a prohibition against offering employment to an applicant for a position

Effective July 1, 2016, local or regional boards of education, governing councils of state or local charter schools and inter-district magnet school operators (collectively “BOEs”), are going to have to follow new requirements for hiring education personnel.  The state legislature recently enacted Public Act 16-67 (“the Act”) in response to a new provision in the federal Every Student Succeeds Act (“ESSA”). The new ESSA provision, entitled “Prohibition on Aiding and Abetting Sexual Abuse”, is aimed at preventing school employees who have engaged in sexual misconduct with students from being passed from one school district to another, by requiring states, state educational agencies and local school districts that receive federal funding to establish laws, regulations and policies that prevent employment of school personnel where there is reason to believe that person has previously engaged in sexual misconduct with a student or minor.

Who is impacted by the new requirements?

The Act has broad application and seeks to identify potential predators earlier in the hiring process. Significantly, the Act applies to applicants, rather than those offered employment, and prohibits the employment of any applicant who fails to meet the new requirements.  The Act makes no distinction between certified and non-certified personnel, but instead applies to all “applicants for a position, including any position which is contracted for, if such applicant would have direct student contact”.  “Direct student contact” is not defined by the Act, but positions with direct student contact would include teachers, administrators, paraprofessionals, behavioral therapists, coaches, food service workers, custodians, clerical/administrative support staff in the schools, and school nurses.  There are specific provisions for temporary positions (less than 90 days), substitute teachers and contractors, but even applicants for these positions must comply with the requirements for criminal and employment background checks.  Student employees remain excluded from the requirement of a criminal background check under Conn. Gen. Stat. §10-221d.

What is required under the Act?

The Act imposes significant changes on existing laws regarding hiring of education personnel, specifically impacting Conn. Gen. Stat. §§ 10-221d (criminal and child abuse registry background checks), 10-222c (hiring policy) and 10-145 (substitute teachers).
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The U.S. Department of Labor just issued its final rule, requiring minimum wage and overtime for some employees who are currently “exempt” from these requirements. Employers need to plan ahead for implementation, as the rule change could lead to seismic shifts in some payrolls.

The federal Fair Labor Standards Act (“FLSA”) requires that employees receive

Teachers generally enjoy job protection which is much greater than all other public sector employees.  Such laws have been much criticized in recent years as a result of the increased focus on student performance.  Reports of “rubber rooms” in New York, where incompetent teachers were parked, have been much publicized and much maligned.  Some states,

While the concept is intuitive, a recent study has confirmed that teacher absenteeism has a direct and measurable impact on student learning.  In a report entitled “Roll Call:  The Importance of Teacher Attendance” the National Center on Teacher Quality found that teachers miss on average 11 out of 186 days of school; and one in