Daniel Cassidy Celebrates Fifty Years of Practicing Law

Daniel Cassidy Celebrates Fifty Years of Practicing Law

Liebert Cassidy Whitmore would like to congratulate Daniel C. Cassidy on celebrating fifty years of practicing law.  Dan, a founding partner of Liebert Cassidy Whitmore, is among the most experienced and accomplished practitioners in the fields of public sector labor relations, negotiations and employment law.

Jul 2, 2020 Education Matters

New Options to Increase Flexibility for Section 125 Cafeteria Plan Benefits

In response to COVID-19, a new IRS notice allows employers to amend their IRC Section 125 cafeteria plan to provide employees with increased flexibility for the remainder of 2020.  The Notice loosens restrictions on mid-year election changes for employer-sponsored health coverage and extends deadlines for applying unused funds under a Health Flexible Spending Arrangement (Health FSA) or Dependent Care Assistance Program (DCAP).  Employers looking to incorporate either option into their plan must adopt a plan amendment.

Jul 2, 2020 Education Matters

Temporary Extension Of COBRA And Special Enrollment Periods

Guidance from the Department of Labor and the IRS extends certain COBRA and special enrollment periods due to the Coronavirus National Emergency.  The extensions correspond to a coronavirus “Outbreak Period” from March 1, 2020 until 60 days after the end of the Coronavirus National Emergency or such other date announced in future guidance. 

Jul 1, 2020 Special Bulletins

U.S. Department of Education Issues Regulations Regarding the Provision of Equitable Services to Students and Teachers in Non-Public Schools Under The CARES Act

We recently reported that on April 30, 2020, the U.S. Department of Education (“DOE”) issued non-binding guidance regarding the provision of equitable services to non-public school students and teachers under two grant programs established by the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”).  These two programs are the Governor’s Emergency Education Relief (“GEER”) Fund and the Elementary and Secondary School Education Relief (“ESSER”) Fund. 

Jun 30, 2020 Private Education Matters

Boarding School Did Not Breach Duty Of Care Owed To Student

Abrielle Kira Bartels began attending the Milton Hershey School, a cost-free, not-for-profit, residential academy, in kindergarten.  When Abrielle was in eighth grade, she began meeting with the School’s psychologist, Dr. Benjamin Herr and expressed feelings of anxiety, depression, and self-harm.  She told Dr. Herr that she had been experiencing suicidal ideations since at least sixth grade and had attempted suicide in the past.  Abrielle also shared specific information about past suicide attempts and that she planned to stab herself with a knife in the near future.  Because of her statements, Abrielle was repeatedly admitted to the School’s student health center, but Abrielle continued to express “intense suicidal ideations.”  As a result, Dr. Herr drove Abrielle to an inpatient mental health facility, where Abrielle’s mother, Julie Wartluft, signed Abrielle into the facility.

Jun 30, 2020 Private Education Matters

University Students Lack Standing To Bring Claim They Were Injured By College Admissions Scandal

William “Rick” Singer operated a fraudulent university admissions scheme, which is now known as the “College Admissions Scandal.”  One of Singer’s schemes included accepting financial contributions from parents to create a false sports profile for the parents’ children to make it appear that the student was a superior student-athlete.  Singer would then bribe the coaches or managers in a university’s athletic department to give the student one of the spots the university set aside for superior student-athletes.  The manager or coach would then bypass a legitimate superior student-athlete who was qualified to fill the set aside spot in favor of a student with fraudulent athletic credentials created by Singer.

Jun 30, 2020 Private Education Matters

NLRB Lacks Jurisdiction Over Teachers At Bona Fide Religious Educational Institutions

Bethany College is a 501(c)(3) Lutheran liberal arts college located in Lindsborg, Kansas.  Bethany College is a ministry of the Evangelical Lutheran Church in America (ELCA) and is owned and operated by the Central States Synod and the Arkansas-Oklahoma Synod of the ELCA.  Bethany College faculty members Thomas Jorsch and Lisa Guinn filed unfair practice charges against the College with the National Labor Relations Board (NLRB or Board), which were subsequently consolidated.  Jorsch and Guinn alleged that Bethany College violated the National Labor Relations Act (NLRA) by unlawfully maintaining an overly broad confidentiality rule, prohibiting employees from engaging in concerted activity for the purposes of mutual aid and protection, prohibiting employees from discussing terms and conditions of employment, and discharging employees for engaging in protected, concerted activities.