One of the hallmarks of the Special Education Statutes is the concept that disabled students should be placed in an appropriate educational program that is the least restrictive environment possible (LRE). Yet, the requirement of LRE was traditionally not applied to summer placements intended to...
The Open Meetings Law (“OML”) provides the following two mechanisms for boards of education and other public bodies to conduct public business in private: convening into executive session and holding a meeting that is exempt from the requirements of the OML. This article discusses the...
Common Core testing has developed into one of the hot-button issues in public education. Disputes over “opting-out” of Common Core testing have appeared in countless newspaper and website pages, with those in favor being commonly referred to as the “Opt-Out Movement.” This article discusses this...
The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently issued guidance in the form of a “Dear Colleague” letter to public elementary and secondary schools regarding schools’ legal obligations to provide students with equal access to educational resources without regard to race,...
With the proliferation of “red-light-cameras” at traffic intersections, and the emergence of “school-zone-speed-cameras,” an emerging issue is who is responsible for paying the fines that employees receive from these cameras while operating employer-issued vehicles. This memorandum summarizes when, if at all, an employer can require...
The Equal Employment Opportunity Commission (“EEOC”) has issued new guidance on how to interpret and apply the Pregnancy Discrimination Act (“PDA”). This guidance replaces the EEOC’s 1983 guidance and provides increased employer accommodation requirements for pregnant employees with pregnancy-related impairments....
Last month was National Prostate Cancer Awareness Month and this month is Breast Cancer Awareness Month. In light of these annual campaigns to increase awareness and prevention of these diseases, we write to remind you of your employees’ rights regarding leaves of absence for cancer...
Scott M. Karson has been re-elected to the office of Vice-Chair of the Board of Directors of Nassau Suffolk Law Services Committee, Inc., an organization which provides free legal services to Long Island’s indigent and disabled population....
With the fall season upon us and a new class of interns commencing internships with employers across New York State, we are writing to remind you of the State and federal laws governing how to determine whether an individual is an intern or an employee,...
Sharon N. Berlin was selected for inclusion on the New York Super Lawyers list for 2014 in the practice area of employment and labor law based on peer nominations, peer evaluations and independent research. Scott M. Karson was selected for inclusion on the New York Super Lawyers...
