EdLawConnect Blog

A recent decision of the Fourth Circuit Court of Appeals demonstrates the risks of using “stock” photographs and other images found on the internet without obtaining a license from the copyright holder. (Brammer v. Violent Hues Productions, LLC (4th Cir. 2019) 922 F.3d 255.) Under U.S. copyright law, all “works of authorship” are protected by copyright, regardless of whether they are posted online and regardless of whether they feature a copyright symbol or notice. So-called “stock” images posted online are protected to the same extent as other visual works.

This summer, Governor Jerry Brown signed Assembly Bill 2282, which resolves ambiguities created by earlier pay equity legislation in AB 1676 (2016) and AB 168 (2017). As you may recall, AB 168 prohibits questions about salary history on employment applications and during interviews. The law also requires employers to provide a pay scale to applicants on demand.  

As of January 1, 2017, the California Public Records Act allows public agencies, including school districts to “direct[] a member of the public to the location on the Internet Web site where the public record is posted.” (Gov. Code, § 6253(f).) However, if the requesting party is unable to access or reproduce the online record, the agency must “promptly provide a copy of the public record.” ...

Senate Bill 1072, approved by the Governor in September 2016, brings to fruition efforts to guard against students being left unattended on a schoolbus. (Statutes of 2016, ch. 721.) By the 2018-2019 school year, schoolbuses and other qualifying vehicles must be equipped with an alarm system that essentially forces bus drivers to check the bus at the end of a route to make certain all children are off the ...

With much media fanfare, in July, 2015 the advocacy group Students Matter filed a lawsuit against 13 large school districts, alleging these districts are failing to comply with the provision of state law regarding the use of scores on state-mandated assessments in teacher evaluations.  AALRR represented five of the districts.  Yesterday Superior Court Judge Barry Goode ruled in favor of school districts in ...

New regulations from the U.S. Department of Labor require employers (public and private) to post a revised Federal Minimum Wage poster and a revised Federal Employee Polygraph Act poster effective August 1, 2016.

The Federal Minimum Wage Poster now includes a section describing the rights of nursing mothers under the Fair Labor Standards Act. It also discusses independent contractor misclassification ...

A decision was issued late yesterday by the Court of Appeal in a case that continues to highlight the political debate about the Education Code’s substantial protections for public school teachers.  Our firm reviewed the trial court’s decision in an Alert, saying the decision in favor of the plaintiffs was likely the first battle in a long war.  The second battle was a victory for the defendants, and the war (in the judicial branch, at least) will likely be decided by the California Supreme Court.

On February 11, 2016, a federal district court in New York allowed a former executive to proceed with his defamation lawsuit against the company that terminated him. (McCusker v. Hibu PLC (E.D.N.Y. 2/11/16) 2016 WL 538472.)