Posts by Brett Schnepper
New FMLA Forms Released
Today, the Department of Labor (DOL) announced the release of new optional forms for administering the federal Family and Medical Leave Act (FMLA). While the DOL’s specific forms are not required, they are widely used by employers to ensure compliance with the law. The new FMLA forms can be found here. According to the DOL,…
Read MoreA Second Chance for Your 403(b) Plan
On March 27, the Internal Revenue Service (“IRS”) extended the deadline by which most school districts and other eligible employers must restate their 403(b) plan documents. The new deadline is June 30, 2020. This new deadline is a welcome reprieve for employers who were not aware of the deadline or who were unable to complete…
Read MorePossible 403(b) Plan Changes for School District Employees Under the CARES Act
On Wednesday night, the Senate unanimously adopted the Coronavirus, Aid, Relief and Economic Security (CARES) Act. On March 27, 2020, the House of Representatives passed the CARES Act, which is now awaiting the President’s signature. The CARES Act is an unprecedented bill that will impact almost every area of the U.S. economy, including three specific…
Read MoreRetirement Plan Relief for Employees and Employers Under the CARES Act
On Wednesday night, the Senate unanimously adopted the Coronavirus, Aid, Relief and Economic Security (CARES) Act. On March 27, 2020, the House of Representatives passed the CARES Act, which is now awaiting the President’s signature. The CARES Act is an unprecedented bill that will impact almost every area of the U.S. economy, including employer retirement…
Read MoreTax Obligations and Credits for Governmental Employers Under the FFCRA
As employers prepare to implement the provisions of the Families First Coronavirus Response Act (FFCRA), we have received a number of questions regarding the application of the tax credit provisions to governmental employers. While the paid leave credits provided under the FFCRA do not currently apply to governmental employers, the FFCRA does provide governmental employers,…
Read MoreWage and Hour Issues for Schools During the COVID-19 Pandemic
Schools are quickly grappling with emergency plans and mandated closures due to the spread of COVID-19. The following is a summary of potential options to consider related to statutory pay and hour issues to address employee compensation during closures or subject to quarantine. As of March 16, 2020, the Department of Public Instruction (DPI) has…
Read MoreWisconsin Supreme Court Holds Commute Time in an Employer’s Vehicle is Not Compensable
The Wisconsin Supreme Court recently issued a helpful decision to Wisconsin employers. Following the Supreme Court’s decision in Kieninger v. Crown Equipment Corp., 2019 WI 27, it is now clear ordinary travel time between home and work in an employer owned vehicle is not compensable work time under Wisconsin wage and hour law. Background The…
Read MoreSeventh Circuit Says Multiple Month Leave of Absence is Not a Reasonable Accommodation
In two recent cases, the Seventh Circuit Court of Appeals, which covers Wisconsin, Illinois, and Indiana, held an employee in need of a multiple month leave of absence is not within the class of employees protected by the Americans with Disabilities Act (“ADA”). The Seventh Circuit’s decisions present a potential conflict between the obligations imposed…
Read MoreBudget Bill Modifies Definition of Domestic Partner in Wisconsin FMLA
November 8, 2017 – The Wisconsin Budget Bill, 2017 Wisconsin Act 59, recently signed into law by the Governor alters the administration of Wisconsin Family and Medical Leave Act (“WFMLA”) for an employee in a domestic partnership. The changes in the Budget Bill will limit the class of employees who are entitled to WFMLA leave for…
Read MoreWisconsin Supreme Court Addresses Application of Open Meetings Law to School District Committees
July 12, 2017 – On June 29, 2017, the Wisconsin Supreme Court issued an important Open Meetings Law decision in State of Wisconsin ex rel. Krueger v. Appleton Area School Dist. Bd. of Ed., 2017 WI 70. This decision focuses on a significant question that school districts face when bringing together groups of employees and others…
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