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|A Low or Mid-Level Employee Can Create A Privileged Communication, But Cannot Waive The Privilege Once Created|
Donald E. Taylor, James E. Tonrey; Wilentz, Goldman & Spitzer P.A.;
October 29, 2013, previously published on October 2013Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on October 24, 2013, provides a tutorial on the ability of low to mid-level employees to create privileged attorney client communications, and to waive that privilege by subsequent disclosures.
|Labour Board Rules That Elementary Teachers’ Union Engaged In an Unlawful Strike|
Eric M. Roher; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013In a landmark decision, the Ontario Labour Relations Board held that the Elementary Teachers’ Federation of Ontario engaged in an illegal strike when it counseled its members to not participate in voluntary extracurricular activities.
|State of California Enshrines Rights for Transgender Student|
Meghan Lindo; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013On August 12, 2013, the Governor of California approved amendments to the California Education Code that provides certain rights for transgender students from kindergarten through grade 12. The law requires public schools to permit students to access the washroom of their choice and participate in...
|Changes to the Taxation of Tuition Assistance: How Educational Institution Employees Can Benefit From the New Exemption In Subparagraph 6(1)(A)(Vi) of the Income Tax Act|
Natasha Miklaucic; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013Many private schools, independent schools, semi-private schools, universities and colleges across Canada provide some form of tuition assistance for family members (dependent children or spouses) of their employees. This assistance ranges from free to reduced tuition fees and helps the...
|Highlights and Lessons from the Pepler and Milton External Review of the Halifax Regional School Board’s Support of Rehtaeh Parsons|
Maria Gergin; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013The tragic death of Rehtaeh Parsons, on April 4, 2013, the Nova Scotia teenager who took her own life after experiencing cyberbullying, continues to attract significant attention from the Nova Scotia government, the police, school communities, and advocates from across the country. On August 6,...
|Nassau County's Appeal of Decision Annulling Repeal of the "County Guarantee"|
Lamb Barnosky LLP;
October 28, 2013, previously published on October 23, 2013In our memorandum of April 1, 2013, we advised you that the Court of Appeals agreed to take jurisdiction of Nassau County’s appeal from the Appellate Division, Second Department’s decision annulling, as unconstitutional, the County’s attempt to repeal the County Guarantee through...
|TDSB Trustees Request a Legal Opinion on Regulation 274, the Seniority Hiring Rule|
Eric M. Roher; Borden Ladner Gervais LLP;
October 28, 2013, previously published on October 23, 2013At a Board meeting held on September 11, 2013, the Toronto District School Board (“TDSB”) trustees passed a motion to ask the provincial government whether its new seniority hiring rule contravenes Ontario’s Human Rights Code.
|Modification of Legal Decision-Making or Parenting Time|
Cynthia L. Best; Best Law Firm;
October 25, 2013, previously published on October 24, 2013The standard for modifying legal decision-making or parenting time requires (1) a material change in circumstances affecting the welfare of the child, and (2) only if the Court finds such a change does the Court reach the question of whether a change in custody would be in the child’s best...
|The International Student Minefield|
The Torrey Law Firm PLLC;
October 24, 2013, previously published by AILA Voice An Immigration Dialogue on October 2013The article covers issues that immigration law practitioners may encounter when working with F-1 and J-1 international students who are looking to obtain temporary worker visas and permanent residency.
|Attention Non-Profits, Public Schools and Other 403(b) Plan Sponsors: the Deadline to Correct a Failure to Adopt a Section 403(b) Written Retirement Plan Document at a Reduced Fee is Rapidly Approaching|
Ann M. Fievet; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 23, 2013, previously published on October 22, 2013In what seems like a lifetime ago, the IRS provided eligible plan sponsors until December 31, 2009 to adopt a written plan under which they would maintain their existing Section 403(b) arrangements. A 403(b) plan is a tax-favored retirement plan for employees of qualifying public schools and...